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What is the statute of limitation to sue a manufacturer?

dragonfruit
dragonfruit Posts: 170 Forumite
Part of the Furniture 100 Posts
edited 8 June 2011 at 3:32AM in Consumer rights
What is the statute of limitation to sue a manufacturer (who is also a seller) of a laptop? How long one can delay making a claim in a court against them?
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Comments

  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It will depend what you want to sue them for.
  • dragonfruit
    dragonfruit Posts: 170 Forumite
    Part of the Furniture 100 Posts
    sarahg1969 wrote: »
    It will depend what you want to sue them for.

    They sent a laptop of different specification than ordered (and with a non-working LAN port), and did not change it to correct one, instead were trying to persuade to keep the one they sent.
  • dragonfruit
    dragonfruit Posts: 170 Forumite
    Part of the Furniture 100 Posts
    Is purchasing of goods on-line considered to be done under simple contract? If so then it would seem there is a 6 years limit:
    http://www.legislation.gov.uk/ukpga/1980/58
    http://en.wikipedia.org/wiki/Limitation_Act_1980

    Can you confirm, please?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    You have up to six years to make a claim, but it is not nearly as simple as that. If you use the laptop for a period of time you could be deemed to have accepted it. How long have you had it?
    Gone ... or have I?
  • dragonfruit
    dragonfruit Posts: 170 Forumite
    Part of the Furniture 100 Posts
    edited 8 June 2011 at 3:43PM
    Over half a year, and it's not been used at all, as it is useless for us without a working LAN port. A complaint that the item delivered was not the one ordered was sent at the day of delivery, and several more e-mails were exchanged since then, but to the last one there is no response to date.
  • dragonfruit
    dragonfruit Posts: 170 Forumite
    Part of the Furniture 100 Posts
    BTW, how much time is there to seek help first from other bodies, like an ombudsman (but which one?)?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    There is no ombudsman for something like this. When did you report the fault to them? It would be worth summarising your contact with them - dates and responses - to give a view of what has happened to date.
    Gone ... or have I?
  • dragonfruit
    dragonfruit Posts: 170 Forumite
    Part of the Furniture 100 Posts
    It was mostly during the first month or two, then one more e-mail to them three months later or so, and for the next several months nothing. Don't remember when exactly the fault with LAN was reported, certainly not in the first e-mail, but later.
  • Lorian
    Lorian Posts: 6,673 Forumite
    Twentieth Anniversary 1,000 Posts Name Dropper Photogenic
    Who is the manufacturer of the laptop?
  • balmk
    balmk Posts: 624 Forumite
    Did you pay by credit card? If so, contact your card provider and ask them to progress a section 75 claim.
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