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

loopyanna

Thanks for the responses everyone. To clarify, the laptop was bought by me using the company credit card, so the company is the consumer and is a limited company and so, having looked into it further, we cannot make a claim under s75.

SOGA certainly does apply to business to business transactions as this was an incidental purchase (I work at a firm of Solicitors - we need computers) rather than buying it to sell on as a part of the business. The problem with SOGA is that the company in question are either bust or close. A companies house search has revealed their status as "Active - Proposal to Strike off" and their website is no longer active. This means that whilst we have rights under SOGA we have no one to pursue these rights against.

I still have the e-mails from the purchase of said laptop and so I will e-mail the company and see whether a response is received. If not, I could pursue a claim in the small claims court, quoting SOGA, but there is very little point in suing someone with no money....

4743hudsonj

Sorry if this sounds rude(its not intended to) but you seem to know alot already? so why ask a forum?

TBH the consensus on here is that SOGA wouldnt apply if the company bought it as you say but this is just a forum with opinions and if you have legal knowledge knowing otherwise then you know something we dont.

loopyanna

Fair question, I've asked a forum as I am not arrogant enough to think that I know everything about everything. Quite clearly I was wrong in my original post thinking that a section 75 claim was the way to go! And the subseqent posts helped me to realise that and re-research the position. So, the forum helped me. I have knowledge of the law, yes, but this is not my area of expertise and I was hoping that maybe there would be somebody on here with a similar experice who could point me in the right direction, as I would hope to be able to do in return one day.

4743hudsonj

loopyanna wrote: »

Fair question, I've asked a forum as I am not arrogant enough to think that I know everything about everything. Quite clearly I was wrong in my original post thinking that a section 75 claim was the way to go! And the subseqent posts helped me to realise that and re-research the position. So, the forum helped me. I have knowledge of the law, yes, but this is not my area of expertise and I was hoping that maybe there would be somebody on here with a similar experice who could point me in the right direction, as I would hope to be able to do in return one day.

cool, i really was just wondering. Know any links for that info on SOGA? just so i can read up on it as ive honestly never heard of that and it may help em to help other posters in the future. Cheers.

loopyanna

http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073861169&r.lc=en&r.l3=1074405506&r.l2=1074400662&type=RESOURCES&itemId=1074405660

See the above link with regards to business to business transactions and the continued obligations under SOGA. In my case there was only the normal contract of sale and no lengthy or special contract to speak of as this was an incidental purchase (just one laptop) rather than a bulk order which may well have had certain terms contracted out, even then one could argue Unfair Contract Terms...

The act itself http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/cukpga_19790054_en_2 -makes mention only of buyer and seller and no mention to either having to or to not be a business. As I understand it (which as proved above could well be wrong!) it is only the implied term of satisfactory quality under s14 which applies to a seller selling goods in the course of a business (as opposed to an individual selling goods), the remainder of the act applies to both individuals and business alike. Also part 5A gives additional rights to buyers when buying as a consumer.

In my scenario there would be nothing to stop my business claiming against the sellers business as a breach of s14 as this term was not "contracted out" of and the seller did sell in the course of a business. S14 does not demand that the buyer is to be buying as a consumer.

Hope it helps someone

Anna.