Faulty Notebook -Comet refusing to repair

peanut1964

I purchased a Compaq Notebook on 15th Feb 2010. Everything was OK until about six weeks later when load of lines appeared on the screen. I couldn't do anything. I took it back to Comet in Llanelli, and they sent it off to repair. About 2 weeks later I was told it was ready to be collected. The repairs had not been done, when asked the assistant didn't know why so he phoned Comet repair department and Compaq. He was told it was because "Customer induced damage" I told him that I had not dropped it, damaged or abused it in any way. He said that as it was assessed by compaq/HP and their assessment was relayed to Comets repair department as customer induced damage it is not covered by the guarantee. I took the computer home and phone Comet helpline department. They said that if I take it back to the shop and ask them to send it off to Comets esculation department they should be able to do something, as they have "more clout with the manufacturers". Again, the store sent it off and 3 weeks later it came back again not repaired with the same excuse. I have not damaged it myself, also there is no visible signs of damage to the computer, I said to the assistant that there may have been a fault with the computer before I bought it, and it has only now become apparent. He smiled and said that is not possible. I then asked if he was an engineer and how can he make that assumption, he then got stroppy and quoted the customer induced damage again.
I am now in the process of writing to the manager of Comet, Llanelli store regarding their decision not to repair, as they are assuming that the fault does lie with me, the customer. I am also quoting sections from Sale of Goods Act and the Consumer Regulations Act.

My main question is if Comet continue to say that the damage is customer induced, as assessed by the manufacturers, and not do the repair under the guarantee, am I still covered under sections of the act?????? and/or covered elsewhere.

In the letter I am also stating that if there is an unsatisfactory response, I will be contacting the Trading Standards, Enviromental Health Officers, arbitration, FOS or any other consumer governing bodies. If they are still persistent I can either take it to a small claims court or approach the credit company, as I purchased it on a Comet Card, which is Santander., but I have read that the credit card companies try to redirect you back to the retailer.

I am really unhappy with their response, I honestly feel that they are fobbing me off. I genuinely did not do any accidental damage to the computer. :(:(:(

Weirdlittleman

They have at the moment declined the SOGA remedies due to you inducing the damage and have experts stating this. If you disagree you will need to arrange for an engineer to inspect the machine and counter their argument.

At this point then ask for it be resolved and the engineer fee agreed.

The SOGA doesnt give customers the right to damage items and still have them repaired hence you need to now prove you didnt damage it as they claim to have evidence you did so.

peanut1964

Thank you for your help. Would it be advisable to have an independent engineer to look at the computer before I send the letter off, or possibly around the same time.

Weirdlittleman

Before of course.
What if the engineer refuses to support you or even worse states Comet are correct. At that point you would have no case.

peanut1964

Of course. I'm just not thinking straight..... so frustrated.

smcaul

Actually, weirdlittleman is not correct.

The onus is on the retailer to prove the fault is not inherent as the item is less then 6 months old. Therefore they would need to prove to you that the fault was caused by your misuse, not you have to prove that is was not you mis using the laptop.

Just them telling you that their service dept have said it was misuse is not enough, they will have to go into to detail explaining exactly what has gone wrong and how they have deduced that it was your mis use that has caused this defect.

Get back on to them and remind them during the first six months they have the burden of proof, not the consumer.

DCodd

smcaul wrote: »

Actually, weirdlittleman is not correct.

The onus is on the retailer to prove the fault is not inherent as the item is less then 6 months old. Therefore they would need to prove to you that the fault was caused by your misuse, not you have to prove that is was not you mis using the laptop.

Just them telling you that their service dept have said it was misuse is not enough, they will have to go into to detail explaining exactly what has gone wrong and how they have deduced that it was your mis use that has caused this defect.

Get back on to them and remind them during the first six months they have the burden of proof, not the consumer.

"customer induced damage". Heard that so many times, they have to do better than that. A full fault description and their "opinion" of how they perceive the fault to have occurred is the minimum they have to provide so you can, at least have an independant engineer concur with their findings.

Weirdlittleman

smcaul wrote: »

Actually, weirdlittleman is not correct.

The onus is on the retailer to prove the fault is not inherent as the item is less then 6 months old. Therefore they would need to prove to you that the fault was caused by your misuse, not you have to prove that is was not you mis using the laptop.

Just them telling you that their service dept have said it was misuse is not enough, they will have to go into to detail explaining exactly what has gone wrong and how they have deduced that it was your mis use that has caused this defect.

Get back on to them and remind them during the first six months they have the burden of proof, not the consumer.

What part of a computer expert stating that the damage is customer induced isn't proof ?

DCodd

Weirdlittleman wrote: »

What part of a computer expert stating that the damage is customer induced isn't proof ?

Have you ever taken electronic goods like Laptops or Phones back before? Their stock response is "customer induced damage". The "expert" may well be a qualified technician but he or she is not a forensic scientist so is not expert in determining who caused the damage. At the very least a full explanation of the damage found and how they consider it to be "customer induced" is required.

Weirdlittleman

DCodd wrote: »

Have you ever taken electronic goods like Laptops or Phones back before? Their stock response is "customer induced damage". The "expert" may well be a qualified technician but he or she is not a forensic scientist so is not expert in determining who caused the damage. At the very least a full explanation of the damage found and how they consider it to be "customer induced" is required.

It may well be a standard response and if it is when the OP proves they didnt damage it they will get their rights and costs back.

Ultimately the notebook has been sent off and examined by the manufacturer's engineers - the ultimate "experts" in it - hence I think its back to the OP at this stage to prove them wrong.

pendulum

smcaul wrote: »

Actually, weirdlittleman is not correct.

I think he is because the other side have fielded an expert's opinion to say its customer induced damage. Its back on to the customer to show it isn't now.

OP, I know you came to consumer rights section & not techie, but still...

When you turn the computer on and its doing its self-test, is the screen OK then? Try hitting the correct function key (or other key sometimes) to go into the BIOS / Setup - do you get a clear screen with no lines then?

The first thing is to try and see if its a physical problem (e.g. cracked screen - your fault, or loose connection - not your fault, video card problem - not your fault) or whether its software (your fault).

Have a look at the screen when its OFF and see if you can spot any lines/damage at all. Try shining a light.

I don't know if it has an output for an external monitor, if so then plug in another monitor & read the manual to see how to switch the video output to the external monitor, then see if you get a clear picture then on the external monitor, if you get lines on external monitor also, it kinda suggests its a video card/mobo fault (which is not customer induced unless you've spilt a drink on it or something - they need to prove misuse at the end of the day). If you get a clear picture, then fault is probably with screen or connection, again they have to prove misuse and unless the screens cracked, lid damage or theres obvious evidence of drink spill or a dropping I can't see how they can

Definitely ask for an explanation why its customer induced damage - why do they think that?
As its been away twice and come back twice I do wonder if you have cracked the screen and not realised

Be interesting to see the lines, Got any pics?