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help please pc repaired 4 times now out of warranty and broke again

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Hi I'm hoping someone can help in Nov 2008 I bought an Acer Aspire M3200 from ebuyer, the 1st day I had the tower it crashed with a memory management problem so I restarted it and it seemed fine I thought it was just teething problems the memory management problem would keep occuring every so often however by May 2009 it was happening several times a day so I contacted the manufacturer who suggested doing a factory restore, whilest doing the factory restore the pc crashed completly and would not do anything else so I contacted Acer again and they arranged for the tower to be repaired the pc was sent to acer it was returned to myself a week later however it was returned damaged there were dents and craks on the casing one of the 3 hard drives hadn't been connected and and the usb ports were not aligned probably so you couldn't use them after contacing Acer the same day it was returned to them where it was kept for 3 weeks before got it back. On it's return to myself I discovered that the memory management problem was still happening so yet again it was returned to acer, it was kept at Acer for a week and I rec'd it back to find that the fan was running at full speed all the time and the pc was very noisey, it was returned to Acer again where it was repaired yet again I finally recieved my pc back mid July 2009 and all seemed well until 2 weeks ago when the memory management problem has happened again and after doing a factory restore which yet again failed the pc is now unusable I contacted Acer but because it was out of warranty by 3 weeks they said they would repair it but at a cost.
Is there anything I can do to either get a free repair a replacement or my money back as I cant afford the repair charges. and I dont know where I stand
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Comments

  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    genewizard wrote: »
    Hi I'm hoping someone can help in Nov 2008 I bought an Acer Aspire M3200 from ebuyer, the 1st day I had the tower it crashed with a memory management problem so I restarted it and it seemed fine I thought it was just teething problems the memory management problem would keep occuring every so often however by May 2009 it was happening several times a day so I contacted the manufacturer who suggested doing a factory restore, whilest doing the factory restore the pc crashed completly and would not do anything else so I contacted Acer again and they arranged for the tower to be repaired the pc was sent to acer it was returned to myself a week later however it was returned damaged there were dents and craks on the casing one of the 3 hard drives hadn't been connected and and the usb ports were not aligned probably so you couldn't use them after contacing Acer the same day it was returned to them where it was kept for 3 weeks before got it back. On it's return to myself I discovered that the memory management problem was still happening so yet again it was returned to acer, it was kept at Acer for a week and I rec'd it back to find that the fan was running at full speed all the time and the pc was very noisey, it was returned to Acer again where it was repaired yet again I finally recieved my pc back mid July 2009 and all seemed well until 2 weeks ago when the memory management problem has happened again and after doing a factory restore which yet again failed the pc is now unusable I contacted Acer but because it was out of warranty by 3 weeks they said they would repair it but at a cost.
    Is there anything I can do to either get a free repair a replacement or my money back as I cant afford the repair charges. and I dont know where I stand

    Okay here is where I think you stand. You bought a pc. It was repaired during the warranty period, as they are expected by law to do. You now have a fault out of warranty, they now no longer have legal duty to repair.

    Your only chance now, is to pay out for an independent engineers report and for them to confirm that the pc had an underlying fault from manufacture. If he can do that, then you can forward this on to the 'retailer' and ask for a refund/repair. If they refuse you can then take out a small claim against them.

    Stebiz
    Ask me no questions, and I'll tell you no lies
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    genewizard wrote: »
    Hi I'm hoping someone can help in Nov 2008 I bought an Acer Aspire M3200 from ebuyer, the 1st day I had the tower it crashed with a memory management problem so I restarted it and it seemed fine I thought it was just teething problems the memory management problem would keep occuring every so often however by May 2009 it was happening several times a day so I contacted the manufacturer who suggested doing a factory restore, whilest doing the factory restore the pc crashed completly and would not do anything else so I contacted Acer again and they arranged for the tower to be repaired the pc was sent to acer it was returned to myself a week later however it was returned damaged there were dents and craks on the casing one of the 3 hard drives hadn't been connected and and the usb ports were not aligned probably so you couldn't use them after contacing Acer the same day it was returned to them where it was kept for 3 weeks before got it back. On it's return to myself I discovered that the memory management problem was still happening so yet again it was returned to acer, it was kept at Acer for a week and I rec'd it back to find that the fan was running at full speed all the time and the pc was very noisey, it was returned to Acer again where it was repaired yet again I finally recieved my pc back mid July 2009 and all seemed well until 2 weeks ago when the memory management problem has happened again and after doing a factory restore which yet again failed the pc is now unusable I contacted Acer but because it was out of warranty by 3 weeks they said they would repair it but at a cost.
    Is there anything I can do to either get a free repair a replacement or my money back as I cant afford the repair charges. and I dont know where I stand

    You have rights to a repair/replacement/refund under the sale of goods act. This requires you to deal with ebuyer from now on and not acer. Which of the three remedies you will receive will be their choice but you certainly will get on of them.

    See Consumer Directs site for lots more info on soga as it takes an age to write everything you need to know and it is all on there.

    What you need to do is send a letter vis recorded deliver to ebuyer stating the issues and mentioning relevant quotes from soga that you find off consumer direct such as "satisfactory quality" and state you want them to rectify it as per your statutory rights. (DO NOT COMMUNICATE VIA PHONE AND KEEP ALL PROOF OF POSTAGES AND COPIES OF LETTERS)

    They May then ask you to prove the fault is inherent, which they are entitled to do so, in this case you will need to find a local pc repair shop to create a report for you which you will have to pay for but if your claim is successful you can claim this cost back. If the report shows it is an inherent fault, then send this and they should offer redress, if not its off to small claims which should cost around the £40 mark (also reclaimable if you win).

    As long as the report states its an inherent fault which it does sound like, then i have no doubt you will get your repair. You may just have to spend a little first.


    Do check out consumer direct, they have more info and letter templates to use, also do some googling and make sure you know what to say.
    Back by no demand whatsoever.
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You have rights to a repair/replacement/refund under the sale of goods act. This requires you to deal with ebuyer from now on and not acer. Which of the three remedies you will receive will be their choice but you certainly will get on of them.

    See Consumer Directs site for lots more info on soga as it takes an age to write everything you need to know and it is all on there.

    What you need to do is send a letter vis recorded deliver to ebuyer stating the issues and mentioning relevant quotes from soga that you find off consumer direct such as "satisfactory quality" and state you want them to rectify it as per your statutory rights. (DO NOT COMMUNICATE VIA PHONE AND KEEP ALL PROOF OF POSTAGES AND COPIES OF LETTERS)

    They May then ask you to prove the fault is inherent, which they are entitled to do so, in this case you will need to find a local pc repair shop to create a report for you which you will have to pay for but if your claim is successful you can claim this cost back. If the report shows it is an inherent fault, then send this and they should offer redress, if not its off to small claims which should cost around the £40 mark (also reclaimable if you win).

    As long as the report states its an inherent fault which it does sound like, then i have no doubt you will get your repair. You may just have to spend a little first.


    Do check out consumer direct, they have more info and letter templates to use, also do some googling and make sure you know what to say.

    Pretty well what I said;) An engineers report will probably cost £40 ish. A small claim £40 ish plus allocation questionaire £100 ish Just one point though. They can insist on the small claim hearing being on their 'door step' so you would have to travel - although these expenses would also be recoverable, if you won. So upto the court hearing you are now £180 ish!!
    Ask me no questions, and I'll tell you no lies
  • thanks for that guys I thought I would still have to deal with acer as the fault is the same as I originally contacted them with and the and I thought what ever part they replaced should have had its own guarentee.
  • genewizard wrote: »
    thanks for that guys I thought I would still have to deal with acer as the fault is the same as I originally contacted them with and the and I thought what ever part they replaced should have had its own guarentee.

    nope your contract is with the retailer so they are responsible for it from day 1. The manufacturer only enter into it when talking about manufacturer warranties which are entirely goodwill.
    Back by no demand whatsoever.
  • ok guys just to bring you up to date I emailed ebuyer via there Enotes system explaining the problem and this is the reponse I have had

    Thank you for your contact with our Customer Support Team.

    Please accept my apologise for the inconvenience cause by this matter.

    After speaking to several colleagues in relation to this issue, Ebuyer are unable to offer any form of warranty or technical support on this item as it has been returned to the manufacture on previous occasions.

    As the you contacted the manufacture on the first occasion this automatically voids the warranty with Ebuyer and the manufacture then repair or replace the unit. As stated before we are unable to offer any form or technical support or warranty on the item.


    I have replied quoting the sales of good act etc but they just say sorry nothing to do with us
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    genewizard wrote: »
    ok guys just to bring you up to date I emailed ebuyer via there Enotes system explaining the problem and this is the reponse I have had

    Thank you for your contact with our Customer Support Team.

    Please accept my apologise for the inconvenience cause by this matter.

    After speaking to several colleagues in relation to this issue, Ebuyer are unable to offer any form of warranty or technical support on this item as it has been returned to the manufacture on previous occasions.

    As the you contacted the manufacture on the first occasion this automatically voids the warranty with Ebuyer and the manufacture then repair or replace the unit. As stated before we are unable to offer any form or technical support or warranty on the item.


    I have replied quoting the sales of good act etc but they just say sorry nothing to do with us

    I'm sorry but I don't think you are going to like what I am going to say. Yes, I think that you have actually voided the warranty by allowing a 3rd party (albeit the manufacturer) to open up the item in question and do work on it.

    I'm not sure what I would do to be honest. I think Ebuyer would win in court. I think the court would throw out any claim against the manufacturer, as your contract was not with them.:think:
    Ask me no questions, and I'll tell you no lies
  • Zanzibar
    Zanzibar Posts: 193 Forumite
    They can insist on the small claim hearing being on their 'door step' so you would have to travel
    No he wouldn't.
    Which court deals with the case

    The case can be started in any county court.
    The court will then transfer the case automatically to the defendant’s nearest county court if:
    • the case is defended, and
    • the claim is for a fixed amount, and
    • the defendant is an individual, not a company.
    In other cases, either party can ask for the case to be transferred to another county court.
  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Zanzibar wrote: »
    No he wouldn't.

    Yes he would.

    He would be the claimant so your paraphrase would not help. Either could ask for the hearing to be located, but the defendant, would usually be granted their wish.

    Stebiz
    Ask me no questions, and I'll tell you no lies
  • isplumm
    isplumm Posts: 2,215 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    stebiz wrote: »
    I'm sorry but I don't think you are going to like what I am going to say. Yes, I think that you have actually voided the warranty by allowing a 3rd party (albeit the manufacturer) to open up the item in question and do work on it.

    I'm not sure what I would do to be honest. I think Ebuyer would win in court. I think the court would throw out any claim against the manufacturer, as your contract was not with them.:think:

    The warranty is irrelevant - you bought the computer from ebuyer, so you need to claim under the SOGA from them - suggest you get the independent report - also did you send via post (recorded) .... see what the report says - if it doesn't say inherent fault - then forgot it .... but if it does, suggest you send copy to ebuyer with something like "letter before action" in the title -

    But before doing anything - how much was the pc - if £400-£500 might not be worth doing anything .... see what other people here think?

    Mark
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