Viable Small Claims Action vs PC Repair shop?

Searcaigh

Hi Everyone,

First time poster, long time surfer.

I'm contemplating taking a local PC repair shop to small claims for the
cost of my PC which they have destroyed.

They uplifted it from my home after I phoned them when it broke down. It turned out to be a broken motherboard and they wanted £120 to fix it (+ VAT).

This was August 2010. I couldn't afford the relatively small sum as I'm in a Trust Deed and my finances are very tight most months. Realising it's been a long time, I called them today (9th March, 2011) to have it returned as I'd found a much cheaper way to fix it.

I called the shop and they had destroyed it. I was told this was down to 90 days elapsing and it is their policy to destroy hardware
that has not been claimed after such a time has elapsed.

I realise that is reasonable enough. However, I was never advised
by anyone I spoke to there that this was their policy, nor is it to be
found on any of the two documents they have supplied me with nor
is it listed on their website as a T&C. As I can't post links, you can google Technical Progress (based in Lenziemill, Glasgow) if you'd like to see. I havesaved copies of all the pages just in case they change it after the fact.

If they had supplied me this in writing, printed it on their website or
even mentioned it verbally to me I would have retrieved the machine
prior to the 90 days elapsing. I cannot arbitrarily assume that they
have a clearance policy, and then assume the particulars of such a policy should I assume they have one in the first place. At least that's my belief.

So, because the PC was expensive when new (£1,060) I am now
planning to sue. Has anyone any relevant experience or advice? Am I
set on failing before even beginning my petition?

Like the company, I'm based in Scotland so Scots law will obviously apply. Any help or advice is welcome.

Thanks!

George_Michael

http://www.adviceguide.org.uk/scotland/your_world/consumer_affairs_index_scotland/keeping_lost_found_and_uncollected_goods_scotland.htm

Uncollected or abandoned goods
A person may leave goods which belong to them with someone else and appear to have abandoned them. Examples include:-
scaffolding or other equipment left by builders on site
books or CDs left with friends
uncollected goods left at a shop for repair
uncollected goods left by a tenant in a landlord’s property
goods ordered and received but then rejected or not paid for, and the seller has failed to collect them
unsolicited goods sent through the post.
For information about dealing with unsolicited goods, see Distance selling in Buying goods - your rights.
If you have uncollected or abandoned goods you do not have the right to keep them. You should try to arrange for the removal of the goods by contacting:-
the police
the owner
someone with authority to act on behalf of the owner - for example an employee of the owner.
Since there may be some doubt about who the owner is, you should contact the police to notify them about the find. If you fail to report abandoned goods you may be guilty of a criminal offence.

I think that you need to speak to Citizens advice or a solicitor that will give you a free initial consultation.

Searcaigh

That certainly helps my case -- thank you! I've been sniffing round the CAB website and I have a couple of days off next Thur/Fri so I'll be
dropping by there for some counsel.

I'd like to have done some appropriate research gathered in advance
as the more knowledge I am about the particulars and legality of the
case the better.

If anyone has anything else please feel free to add in

birkee

You committed a computer to a repairer without knowing whether you could afford the repairs? You didn't deal with it within 90 days?
Don't fancy your chances. Repairers can't store unclaimed property indefinately, they would have no room to work.
Stated within terms and conditions or not, I think their actions might be considered reasonable.

Bet your PC is back out there though, having been repaired and sold on.....or used for parts.

Sounds like "it serves you right" I know, but it's just putting another viewpoint into it.

birkee

Although, perhaps they should have notified you that you should pick it up, or it would be disposed of. That might be considered reasonable.

Empty_pockets

You've left it there best part of a year without contacting them. You're own fault imo.

I used to do house removals. Had a customer put contents of his 1 bed flat in storage (subcontracted) for 6 weeks. I made every effort to contact the guy but the following month all the gear went to the skip. I paid for the additional months storage out of my own pocket.

Never heard back from him.

Searcaigh

I concede the timescale was long and it is reasonable that they would seek to remove the item from their stock. My point is I should be aware of their policy and/or they should have made contact. They had my email address and contact phone numbers (my phones all have answerphones, checked daily).

They did none of this. They simply let the time pass and disposed of it. My viewpoint is I should have been made aware or at least have had access to information pertaining to this possibility.

This is really the only reason I am considering pursuing this. As stated in the advice posted above, they should have made contact or involved the authorities.

re: not being able to afford repairs - the cost of repairs is variable and this is on the higher side. I had actually sussed the issue and just needed a business to put their stamp to the issue.

TonyMMM

Searcaigh wrote: »

My viewpoint is I should have been made aware or at least have had access to information pertaining to this possibility.

they should have made contact or involved the authorities.

Not what you want to hear but ....

You can make a claim against the company vai the small claims court , or scottish equivalent, but in my opinion you are not going to get anywhere with this ... The question you will be asked is "When they gave you the quote, what did you do or say to them ?"

If you said "I need to save up, keep the computer until I have the money" and they agreed to do that, you may have a case - however I guess at that point they will have told you about the 90 day rule.

If you didn't contact them at all - I'm sure you will find the T&Cs are displayed at their premises and if questioned they will say that they tried to ring you a number of times although they were under no obligation to do so.

Which "authorities" did you have in mind....

gordikin

How much do you think it would be reasonable for them to charge you for storage for 7-8 months? £50/month perhaps?

Gavin83

I really wouldn't bother for several reasons. Firstly I really don't think given the circumstances you'd win the case so effectively you would lose the money you spent for the court appearance which in your situation is quite a lot.

Even If you did win you do realise you won't get the full £1000 original price for the PC back don't you? Depreciation will be taken into account which is high for PC's and I'd guess at it being at least a few years old. Also they'll take further money off based on the fact it was faulty and the company would likely charge you storage. What I'm trying to say is that you would get hardly anything back.

I'd put this one down as experience, buy a cheap PC and move on with your life.

Searcaigh

They can't levy a storage charge on me without advising me of the cost beforehand, or the possibility of storage charges after an agreement has been made. My contract with the shop was as such: Take my PC, find out what's wrong, hold on to it until I reclaim it or pay you to fix it. If they wished to get rid of it or charge me for storage, they need to tell me or make me aware of the possibility via something such as a T&C. I'm not a lawyer but I have a decent grasp of this. What's common sense and law are not always the same.

The first poster hit the nail on the head by posting some legal advice. At the end of this day this is what matters. I also know they can't apply costs to me after the fact without my agreement (either explicit "yes that's ok" or implicit "it's on our T&C's").

I sent them an email with the info George Michael posted and asked if they'd like to avoid any legal action. Their reply was just "come down and collect your pc" and nothing else. I've asked if that's them saying they have it.