Advice Needed - Taking Retailer to small claims court and defamation of character

ShaunJUK

Hi all.

I need some help with an ongoing issue I have whereby the retailer has now told me to take them to court.

I purchased an Acer laptop on 24/12/2008 which I have had no issue with, I purchased a service agreement for the laptop on 16/11/09 so it was covered in case of any faults when the guarantee expired.

3 weeks later a fault occured in the laptop where the screen rolls and you cant see a picture (I have briefly read another post similar although not read it properly). I booked my laptop in for repair on 05/12/09. The laptop was due to be collected from store on 7/12/09. I telephoned on 13/12/09 to check on the progress of my repair, I was advised that the repair was cancelled on the 9/12/09 and they were unsure where my laptop was and whether it was being repaired. I received a call back on 14/12/09 and a voicemail was left advising me that they had looked into my laptop repair and after consulting with a manager it would be written off and vouchers issued to me. I was shocked that this had happened already as only 7 days had passed since my laptop was collected from store. I then received another call stating that the write off could not be processed as it had to be referred to a higher office.

This is where all the problems began. I was advised that I was being investigated for fraud as I had bought the cover less than a month previous and was now trying to make a claim on it for accidental damage and they will be cancelling my laptop cover and wouldn't be repairing my laptop.

I could understand how this could be investigated had I done either one of two things. 1. Purposefully broken my laptop with the intention of having it replaced , however my laptop was sent for repair on a basic fault of which could not be purposefully caused by myself. or 2. I had actually requested my laptop be written off, which I hadn't.

So I am now stuck with a faulty laptop which they refuse to repair due to "intentional damage" caused by "neglect or misuse".

I have spoken to the store who confirmed the small fault to them and that the laptop is in pristine condition and they contacted there service line just to be told as I have that they shouldnt deal with me as I have tried to commit fraud and that if I dont like it I should take them through small claims court.

Where do I start?

I am so annoyed with them I want to take them through whatever I need to.

Anihilator

They are free to investigate any claim they want as fraud. I can 100% see why someone presenting a faulty laptop within a month of taking the cover would raise suspicion.

I suggest you write to them by registered delivery asking they confirm there outcome in writing.

At this stage all you state is they are investigating. This indicates no final decision has been made.

As for the rest they havent accused you of fraud. You would also find it hard to prove. They simply stated they were investigating the claim.

I often find those who go off on their high horse early on and twist the words and go accusatory are in fact trying to hide something. The innocent (often naively) assume it is normal and will sort itself out.

ShaunJUK

Anihilator wrote: »

They are free to investigate any claim they want as fraud. I can 100% see why someone presenting a faulty laptop within a month of taking the cover would raise suspicion.

I suggest you write to them by registered delivery asking they confirm there outcome in writing.

At this stage all you state is they are investigating. This indicates no final decision has been made.

As for the rest they havent accused you of fraud. You would also find it hard to prove. They simply stated they were investigating the claim.

I often find those who go off on their high horse early on and twist the words and go accusatory are in fact trying to hide something. The innocent (often naively) assume it is normal and will sort itself out.

My apologies I guess I need to clarify some points.

When I booked the laptop in for repair I foresaw these issues so requested it be booked in and repaired under manufacturers warranty only.

The repair was completed and I have a report stating the repair carried out and also saying the laptop was returned in full working order with no internal or external damage.

I have already written to the person dealing with the fraud investigation who has written to me with the following:

I have now received the report from HM Investigations giving details of the telephone interview they recently help with you.

In their report they have confirmed that they have informed you verbally that your claim for unintentional damage has been rejected.

Please refer to the Terms and Conditions under the section headed "The following items are not included" "The cost of repairing or replacing a product which fails because anyone neglects, abuses or misuses the product"

Due to the above we have decided to uphold our decision and reject your claim for unintentional damage.

neilmcl

Sorry, I'm totally confused. In your first post you seem to suggest that they've refused to repair your faulty laptop but in your 2nd post you've stated that the laptop repair was completed and returned in full working order.

Also, who are "HM Investigations"?

ShaunJUK

neilmcl wrote: »

Sorry, I'm totally confused. In your first post you seem to suggest that they've refused to repair your faulty laptop but in your 2nd post you've stated that the laptop repair was completed and returned in full working order.

They completed the first repair however when I got it back it still had the same fault so I tried to book it in again and they did but then contacted me to say the warranty dpt had advised them not to repair it.

They repair dpt are unaware of any damage on the laptop and are just acting on instructions.

I am currently using the laptop, the fault is when the screen is at a angle suitable for use it rolls and you cant see anything, I have to use it with the screen tilted back and the laptop leaning forward so I can see the screen

Equaliser123

Confused. Where does the defamation of character come into it?

neilmcl

ShaunJUK wrote: »

They completed the first repair however when I got it back it still had the same fault so I tried to book it in again and they did but then contacted me to say the warranty dpt had advised them not to repair it.

They repair dpt are unaware of any damage on the laptop and are just acting on instructions.

I am currently using the laptop, the fault is when the screen is at a angle suitable for use it rolls and you cant see anything, I have to use it with the screen tilted back and the laptop leaning forward so I can see the screen

I think you need to remind the retailer of their obligations under the Sale of Goods Act.

ShaunJUK

Equaliser123 wrote: »

Confused. Where does the defamation of character come into it?

Accusations of purposeful damage with intent to commit fraud

pmduk

I think the OP is implying that he has been defamed by the company suggesting his claim was false.

rsykes2000

I thought defamation of character had to be done publicly ? In this case, it seems they just told you and haven't told anyone else until you did...

DVardysShadow

ShaunJUK wrote: »

Anihilator wrote: »

They are free to investigate any claim they want as fraud. I can 100% see why someone presenting a faulty laptop within a month of taking the cover would raise suspicion....

My apologies I guess I need to clarify some points.

You don't owe Anihilator an apology. Any company offering an appliance warranty must expect claims to arise form day 1 of the insured term to the very last day. You have to be of a particularly unreasonable frame of mind to consider that a claim being made in within a month is of itself grounds to suspect fraud. If there are other grounds, then the claim could be suspected. But not simply for making a claim.