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Burden of Proof / Independent Report

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  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Bellalolo wrote: »
    ]Basically opening laptop from corner of lid which has flexed the screen and cracked it. Inner screen not hard outer screen and caused liquid leak.

    Is that what happened or what their report said?

    I'm reading as in thats what happened and why you sent it away... in which case sounds like your trying to cop out of the repair based on a minor technicality tbh
  • Bellalolo
    Bellalolo Posts: 56 Forumite
    No I did not open by corner of the screen, used laptop one night was ok, opened next day and initial fault was there.

    It is what their report assumes as this is the most likely cause, no actual fact. How can they state incorrect opening when nothing states correct method or even advised at time of purchase as per previous post suggest?

    In all honesty if I had caused the damaged I would have had repaired myself rather than 4 months of poor customer service and attitude which has now made me follow it through on principle. Believe me it is hassle and I am well aware I could end up with no refund in the end.

    I have replaced myself already obviously from another supplier, I know they probably get customers trying it on all the time but they have lost a customer for life for the sake of a repair that would have cost them what?

    Any more opinion as to whether a independent report is required/beneficial to me?
  • SaLoGo
    SaLoGo Posts: 1,025 Forumite
    Part of the Furniture Combo Breaker
    Bellalolo wrote: »
    No I did not open by corner of the screen, used laptop one night was ok, opened next day and initial fault was there.

    It is what their report assumes as this is the most likely cause, no actual fact. How can they state incorrect opening when nothing states correct method or even advised at time of purchase as per previous post suggest?

    In all honesty if I had caused the damaged I would have had repaired myself rather than 4 months of poor customer service and attitude which has now made me follow it through on principle. Believe me it is hassle and I am well aware I could end up with no refund in the end.

    I have replaced myself already obviously from another supplier, I know they probably get customers trying it on all the time but they have lost a customer for life for the sake of a repair that would have cost them what?

    Any more opinion as to whether a independent report is required/beneficial to me?

    If you are absolutely adament that you have not caused the damage then maybe it would be best to aquire an independant report. But then, what if they come to the same conclusion as the store? Then what?
    :beer: Been smoke free for 4 years!! :beer:
  • Up-date 8months on and finally received a court hearing date and out of the blue a "goodwill" offer from supplier offering,
    Repair of screen
    Court application fee
    £50 expenses

    Now I was at first really happy to finally be offered a repair as this is all I wanted 8 months ago but now thinking about it I am angry at the fact they could have saved me alot of time and hassle if they did this at start.

    Would you accept this offer? Do I need to stipulate a new screen and not refurbed screen is used? Also how would I stand on warranty.
    Very tempted to let it go court and try for a full refund but also nice to have sorted even if very late.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Heh, you could push in the court, but under the SoGA all they are obliged to do is repair/refund/replace and thats up to them what to do.


    I think the court would take a dim view on your case if they knew the other side would live up to their end of the contract.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    OP - you need to get an independent report to persuade the judge. If you don't, you will lose.
  • I have never heard that you should only open a laptop from the middle and I don't think that's something so widely known as to be common knowledge. I open my laptop with any part of the lid and I've never had any problems. Then again the "lid" is pretty sturdy.

    Personally I think that even if that did cause the problem there is an argument that there must have been an inherent fault for it to cause it so quickly.

    I would accept the offer. I don't think you'd get better than that even if you were successful at court.
    Wedding 5th September 2015
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Take the offer in principle, but push for additional expenses - I'd bet you've put in a lot more effort and incurred other expenses than a total of £50. (The worst that can happen is they say "no - £50 is your lot". Actually, the worst is they withdraw the offer altogether, but this is unlikely).
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