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Dead Laptop - Repair, Replace or Fight?

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  • In response to AdamMerry's post above, I had already checked the warranty on the HP site and it said that the warranty ran out in August 2010. This is only 8 months after I bought it. Obviously it had been pre registered when Ebuyer received it.
  • Stick to your guns on the Sale of Goods Act. Send them a recorded delivery letter with the independent report (use Consumer Direct template). Give them 14 days to respond or you will make a claim against them in the Small Claims Court. They will back down as the only get out they would have would be to assess it as fair wear and tear. The nature of your fault clearly isn't and they would lose in court. Yhey know this but companies still try to fob people off because they keep getting away with it.
    604!
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    The computer shop has said that there is a problem with the video chip and this is quite a common problem with HP laptops which I should Google and state this when corresponding with Ebuyer.

    Err, he was talking bollox. There was a problem with any laptop or PC that had a nVidia 8000 series graphics chipset - these laptops are typically over 2 years old as it was discontinued some time ago. Your laptop doesn't have that chipset, it has a later generation one and there is no problem with it.
  • thescouselander
    thescouselander Posts: 5,547 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 29 January 2011 at 11:05AM
    I thought EU rules meant electrical goods were were covered from defects for a minimum of 2 years - there's also the SOGA as already mentioned - Play should be fixing it for you.

    Have a look at this:

    http://www.guardian.co.uk/money/2009/jun/05/consumer-rights-returned-goods
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    Here we go again.

    EU doesn't have rules it has directives to be incorporated into a country's laws. In the UK's case SOGA exceeds the directive anyway.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • !!!!!! wrote: »
    Here we go again.

    EU doesn't have rules it has directives to be incorporated into a country's laws. In the UK's case SOGA exceeds the directive anyway.

    Yeah ok, I think thats a bit pedantic though - the seller still has an obligation to sort it out.
  • System
    System Posts: 178,346 Community Admin
    10,000 Posts Photogenic Name Dropper
    The seller has attempted to. After 6 months it is up to the buyer to prove the fault wasn't inherent. Seller has asked for an independent report stating that.

    That is now the point that has been reached. Has the OP sent the seller the report? Has the seller responded to that report? No in both cases. Ball is in the buyers court to get the report to the seller and see what happens after that point.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • The repair shop has given me a quotation for repair which says:-

    "Fault : No power to display, LED flickers when switched on

    Diagnostic check found M/board to be shorting on circuit, req replacement board"

    I was hoping for something that stated that there is an inherent fault or a manufacturing defect, but they were not prepared to do this. Do I send this quotation for repair to Ebuyer or should I go to another repair shop who is prepared to right something along those lines?
  • Toxteth_OGrady
    Toxteth_OGrady Posts: 3,958 Forumite
    1,000 Posts Combo Breaker
    edited 29 January 2011 at 8:15PM
    You need to claim on the 'durability' aspect of satisfactory quality in the SOGA. The fault you have cannot reasonably be considered fair wear and tear. Whether or not there was an inherent fault at manufacture is irrelevant in your case. You would reasonably expect your laptop to last more than 13 months if it were of satisfactory quality and durability - the SOGA allows up to 6 years. The SOGA requires three things: the goods must be as described; they must be of satisfactory quality, which is determined by description, price, durability, freedom from minor defects and fitness for common purpose; and they must be fit for that purpose.

    Continue to press Ebuyer, in writing, that the laptop they sold you is not of satisfactory durability and quality. Enclose a copy of the report you have and say that the fault is not due to fair wear and tear, misuse or accidental damage. Tell them that you expect a repair or replacement at their expense in accordance with your statutory rights under the SOGA. Tell them you are giving them 14 days working days to reply or you will pursue your claim in the Small Claims Court. Send your letter 'Signed For' delivery. Don't waste any more time arguing on the phone, you're past that stage.

    :cool:

    TOG
    604!
  • Toxteth_OGrady - Thanks for the reply, 1 final question, should I write to them or will e-mail suffice as I have an e-mails address of the person that I have spoken to on the phone?
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