Faulty laptop - out of warranty - retailer gone bust...

loopyanna

I bought a laptop in July 2008 from an online company called Rizeon. Expensive piece of kit, around £1100. Thankfully, as it's needed for work, they bought it for me via the company credit card.

Now, i've been having problems with it for a while and being fairly tec savvie I thought I would re-format the hard drive to save getting the works tec guy involved. Tried today. Failed. After much much work it appears the the hardware is corrupted in some way - so it's a fault with the equipment itself. Now, it is out of warranty so it would be a claim under SOGA in that the laptop was not fit for purpose for a reasonbale length of time (I would expect a £1100 laptop to last more than 2 years!) - problem is that that claim would be against the retailer who have gone bust....

So, as I said it was bought via the company credit card. Which, as I understand it, means that the credit card company has the same obligations that the retailer does.

My question is does anyone else have experience of a similar problem? What I have been able to find online appears to relate more to people not getting goods or services paid for as the retailer has gone bust before they have been delivered or supplied. Obvisouly my case is different but I take it that I still have a valid claim against them??

Also, it is now my intention to give the laptop to the tec guy and get him to replace whatever hardware is goosed and then claim his costs back from the creidt card company.

Any thoughts, experiences or advice appreciated.

Thanks

Anna

OlliesDad

loopyanna wrote: »

I bought a laptop in July 2008 from an online company called Rizeon. Expensive piece of kit, around £1100. Thankfully, as it's needed for work, they bought it for me via the company credit card.

Now, i've been having problems with it for a while and being fairly tec savvie I thought I would re-format the hard drive to save getting the works tec guy involved. Tried today. Failed. After much much work it appears the the hardware is corrupted in some way - so it's a fault with the equipment itself. Now, it is out of warranty so it would be a claim under SOGA in that the laptop was not fit for purpose for a reasonbale length of time (I would expect a £1100 laptop to last more than 2 years!) - problem is that that claim would be against the retailer who have gone bust....

So, as I said it was bought via the company credit card. Which, as I understand it, means that the credit card company has the same obligations that the retailer does.

My question is does anyone else have experience of a similar problem? What I have been able to find online appears to relate more to people not getting goods or services paid for as the retailer has gone bust before they have been delivered or supplied. Obvisouly my case is different but I take it that I still have a valid claim against them??

Also, it is now my intention to give the laptop to the tec guy and get him to replace whatever hardware is goosed and then claim his costs back from the creidt card company.

Any thoughts, experiences or advice appreciated.

Thanks

Anna

I'm not 100% sure but i doubt you have any chance of claiming as this would be a Business to Business purchase do it would mostly come down to the warranty agreement.

freeoffers

No chance. The warranty is a year and as its out of warranty there is no claim. I understand your thinking, that a laptop costing £1110 should last at least 2 years but your claim is doomed to fail i'm afraid as it is outisde warranty.

gnaril

Company credit card- No section s75 liability for business purposes.

Sorry you dont have this option to pursue.

Optimist

You need to define what sort of company to which your company credit card belongs

One of the conditions for section 75 to apply the consumer must be an individual but that also includes sole traders, small partnerships and a unincorporated business.

If your company meets the above condition you have a chance of claiming under section 75 if not you don't.

neilmcl

freeoffers wrote: »

No chance. The warranty is a year and as its out of warranty there is no claim. I understand your thinking, that a laptop costing £1110 should last at least 2 years but your claim is doomed to fail i'm afraid as it is outisde warranty.

Well normally the SOGA would apply so the fact that its out of warranty doesn't really matter. Unfortunately for the OP the retailer is no more so he has no-one to claim against under the SOGA.

4743hudsonj

neilmcl wrote: »

Well normally the SOGA would apply so the fact that its out of warranty doesn't really matter. Unfortunately for the OP the retailer is no more so he has no-one to claim against under the SOGA.

plus its purchases by a business so SOGA wouldnt apply anyways as already stated?

neilmcl

4743hudsonj wrote: »

plus its purchases by a business so SOGA wouldnt apply anyways as already stated?

I'm not so sure about that in this instance. If it was purchased for personal use and not a business asset then it doesn't matter how it was purchased, SOGA would apply.

4743hudsonj

neilmcl wrote: »

I'm not so sure about that in this instance. If it was purchased for personal use and not a business asset then it doesn't matter how it was purchased, SOGA would apply.

the op stated it was for work did they not?

DrScotsman

Read this thread.

I don't know if s75 applies but it seems that consumer SOGA rights can apply to a business purchase under certain circumstances

neilmcl

4743hudsonj wrote: »

the op stated it was for work did they not?

You're quite right he did. Mind you there's also some confusion to who actually bought the laptop in the first place. First of all the OP says he bought it then it was "they bought it for me via the company credit card". Sounds like he wasn't even the consumer in that case.