Acer laptop, 13 mnths old, broken again

lizziemay

Tozer wrote: »

As it is more than 6 months old, the burden of proof is on you. However, if I were you, I would suggest that the cost of the report is likely to be fairly high and that they would have to pay for it if it proves that there is an inherent defect.

thanks I will suggest that to the manager tomorrow

pendulum

Can anyone show me something that'll convince me that they are responsible for the cost of the report? I always thought it was a grey area because sure, if you got a report that showed it was an inherent fault and they still refused to undertake their obligations, you could claim costs in the court case and include the cost of the report as a cost and hope the judge awarded it. But if you got the report, showed it to them and then they agreed to repair the laptop for free - isn't it doubtful they would have to pay for the report as well, seeing as the burden of proof was on you?

If the law says the burden of proof is on you to prove something, then its clearly your responsibility, why should the retailer pay?

lizziemay

Another update, someone phoned me back from the company and basically said the same thing, I have to get a report done which they're not prepared to pay for.
Luckily, a new computer repair shop has opened near me and they are going to do a report for £20, also, after I explained the problem, he quoted me for new hinges, casing and fitting, a total of £105. He even said he would knock the price of the report off of that if I had it fixed by them!!
So I'll have the report done and email it to the company and see what they say.
(He did say that it sounds like an inherent fault, but couldn't be sure until he had looked at it)
So fingers crossed!

Tozer

pendulum wrote: »

Can anyone show me something that'll convince me that they are responsible for the cost of the report? I always thought it was a grey area because sure, if you got a report that showed it was an inherent fault and they still refused to undertake their obligations, you could claim costs in the court case and include the cost of the report as a cost and hope the judge awarded it. But if you got the report, showed it to them and then they agreed to repair the laptop for free - isn't it doubtful they would have to pay for the report as well, seeing as the burden of proof was on you?

If the law says the burden of proof is on you to prove something, then its clearly your responsibility, why should the retailer pay?

It is a cost which flows from the breach of contract. So if they are wrong, and have required the report, then the cost is claimable from them.

pendulum

Thanks for your reply. I'm still a bit doubtful though because after 6 months the buyer must prove the fault was inherent. Surely that means that until the buyer does this (via producing an experts report for example) there has been no breach of contract as the retailer has been required to do nothing by law until the point at which the buyer shows them the report and proves the fault was inherent. As long as they comply after that then there's no breach of contract?

If you're sure though then I'll take your word for it, your the solicitor after all

Tozer

I can see what you mean but the burden of proof is an evidential rather than a contractual issue. So the contract has been breached - it just needs to be proven. It is not a case of there is no breach UNTIL it is proven.

In many cases, whilst it is for the purchaser to prove that a defect was inherent due to the 6 month period elapsing, it would be manifestly unreasonable to require the purchaser to prove the obvious - this was my view about the recent Bathstore mirror query where it MUST have been an inherent defect.

Does that make any sense? I've not had my caffeine dose yet!

pendulum

Yep, that makes sense. Thanks for explaining

lizziemay

Hi, thought I'd do another update.
I have had the report from the computer shop, it basically says that in their opinion, the original fault had been overlooked (one of the hinges was far too stiff, resulting in the plastic cracking) and had it been rectified in the first place, it would not have developed the same fault.
The shop faxed the report and an estimate for repairs through to Buyitdirect. I spoke to someone at the company and they said that the manager would have to look at it, but they wouldn't talk to me on the phone. It has taken the manager a week to look at the report, and although I'm still not allowed to speak to her, she has apparently sent me a letter today. I'm not allowed to know what the letter says though, until I receive it... it must be a secret!
So, I have another question if anyone can advise me. If they are going to refuse to repair it (which I think they will) do I still deal with them, or go back to acer who overlooked the original fault?
I would be very grateful for any advice.

mellymeep

I've had exactly the same problems with my Acer as well, the hinge broke which also meant that the wires for the backlight on the screen were broken so it now doesn't work anymore. This was after 13 months of owning it, PC World refused to fix it cos it was out of warranty and I'm absolutely fuming because this has happened to 2 of my laptops in the past 3 years. I'm no longer buying from any high street electrical retailers because quite frankly their workmanship is shoddy. The money I've spent on new laptops in the past 3 years could of went towards a Mac and I bet it'd still be working now!

lizziemay

I've received a letter back from buyitdirect today this is basically what it says


In response to your letter dated 1st February 2010. We have also been in contact with trading standards who informed us that we under no obligation to repair/replace/refund your computer as at the time of purchase an extended warranty was available for purchase which you chose to decline, and the fault is due to general wear and tear of the product.
The sale of goods act states that after 6 months, the purchaser needs to demonstrate that the goods were faulty at the time of sale (burden of proof) as you have advised in your letters that this fault was not present at the time of purchase. The act also states that the goods should last for a reasonable amount of time but this does not mean that they remain of satisfactory quality for this period of time.
Unfortunately due to the amount of time you have had the laptop we are unable to proceed with a repair, replacement or refund.
Regards
Customer relations manager


So what do I do now? Is that a load of rubbish or not?
Once again I would be grateful for any advice.