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Faulty laptop bought from Comet...what do I do next?

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Comments

  • VULETICA
    VULETICA Posts: 8 Forumite
    i didn't try this, but this is recommended by my magazine i read called computer active. after all those things you tried i think its only this left. i'll quote magazine: sog act gives consumers a long time in which to seek redress for faulty products. the time given is up to six years in england, wales and northern ireland and five years in scotland. this cases are never easy for the conumer to pursue because a failure could be caused by something else not covered by the sog such as fair wear and tear, accidental damage or something as simple as dust clogging up internal workings. you can try inspect your laptop by independent company and get report but this can be expensive and there is no certainty that an inherent fault will be found. the sale and supply of goods to consumers regulation, which came into force in 2003, added a furher layer of protection for consumers using the sog. this 2003 amendment states that within the first 6 months after purchase the consumer does not have to prove goods are faulty, the retailer must prove goods are not. however, after this time period (like in your case) the consumer must prove the product has an inherent fault (which is possible in your case but might not be). this isn;t always easy and often requires paying for an independent report from a local electronics shop. if the fault can't be proved this leaves the complainant out of pocket. even if a fault is proved the consumer can't demand brand new goods. the retailer can choose to repair goods rather than replace them, or replace them with a refurbished device. the last thing you could do is take matter to small claims court but again while judge may be sympathetic and rule in your favour, without backup you are
    taking a risk. if the fault can be proven, the retailer-not the manufacturer must offer either a repair or replacement and also reimburse the inspection cost. if a repair or replacement isn't feasible then the consumer is entitled to a refund. it is worth noting, however that this refund may not be for the full amount as the law takes into accout the use the consumer has had from the device. thats about it. i hope this helps you.
  • janetboon wrote: »
    In what way do you mean proven?

    An independent report stating the fault, the cause of the fault, opinion on whether the fault was inherent or due to misuse/normal wear and tear and the best recourse to repair/replace reasonably.

    Without this Comet can refuse to do anything.

    The SOGA means it must be durable; it doesnt mean it must never break. If for example it turned out the usage was very high or had been a virus you wouldnt be entitled to anything at all.
  • janetboon
    janetboon Posts: 8 Forumite
    Having been repaired free of charge 3 times by Toshiba I would think that they now know that the fault wasn't caused by high usage or a virus as we were told at the original repair that if it had been caused by either of these then we would be charged for the repair. I do feel they aren't repairing the correct part. Replacing the HD is obviously keeping it ticking over for a short time but from what I've been advised by a couple of people who know something about laptops, the problem is most like with the mother board which no one seems inclined to fix!!! I'm not asking for the earth...just a laptop which isn't going to become faulty every couple of months or even days on some occasions!!
  • janetboon wrote: »
    Having been repaired free of charge 3 times by Toshiba I would think that they now know that the fault wasn't caused by high usage or a virus as we were told at the original repair that if it had been caused by either of these then we would be charged for the repair. I do feel they aren't repairing the correct part. Replacing the HD is obviously keeping it ticking over for a short time but from what I've been advised by a couple of people who know something about laptops, the problem is most like with the mother board which no one seems inclined to fix!!! I'm not asking for the earth...just a laptop which isn't going to become faulty every couple of months or even days on some occasions!!

    All of this is irrelevent. The SOGA means the burden of proof is with you.
  • janetboon
    janetboon Posts: 8 Forumite
    Laptop is being repaired by Toshiba free of charge...let's see how long it lasts this time!!!
  • janetboon
    janetboon Posts: 8 Forumite
    An independent report stating the fault, the cause of the fault, opinion on whether the fault was inherent or due to misuse/normal wear and tear and the best recourse to repair/replace reasonably.

    Without this Comet can refuse to do anything.

    The SOGA means it must be durable; it doesnt mean it must never break. If for example it turned out the usage was very high or had been a virus you wouldnt be entitled to anything at all.

    I understand what you're saying...the fact that it keeps developing the same fault shows that it obviously isn't durable. However Comet have phoned me today and Toshiba will repair free of charge...if problem persists then Comet will investigate further! I'm leaving it at that at the moment...as I said in earlier post I just want a laptop that does what it's supposed to do and if repair lasts then I'll be happy enough...if it doesn't then I'll see where we go from there.

    thanks for all the advice
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