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Currys laptop - hard drive died - where do I stand?

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My partner bought a Dell laptop from Currys on August 29th, 2010 - it has (had) a 1-year warranty with it.

After 11 months, the hard drive seemed to be developing a fault; it was slowing down regularly, freezing, and sometimes blue-screening. My partner took it to Currys who said they would repair it within 28 days and let her know when it was ready.

She specifically asked them NOT to wipe the hard drive, and if the hard drove did need replacing, to let her know so she could keep it and try a hard disk recovery on it (her brother-in-law does this for a living).

Having just received the laptop back today, it has had a completely new hard drive put in.

I called Dell, and they told me they kept the old drive for 10 days before sending it off for recycling (junking, basically). It cannot now be recovered.

This would normally be an inconvenience more than anything else, but my gf had put on there over 6 years' worth of photos (irretrievable), 6 years' worth of her work drawings and structural diagrams, and assorted other very important documents.

Dell told me on the phone they had NO such note from Currys that the old hard drive was to be kept.

I'm very angry with Currys and want to know where I stand from a consumer's point of view.

Any advice much appreciated.
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Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Surely she has a backup?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Here we go again ;)
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Flyboy152 wrote: »
    Here we go again ;)

    It just seems odd to me that in this day and age where data can be easily lost or corrupt (e.g. from viruses) that people wouldn't take necessary steps.

    :D
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    arcon5 wrote: »
    It just seems odd to me that in this day and age where data can be easily lost or corrupt (e.g. from viruses) that people wouldn't take necessary steps.

    :D
    Maybe, but then repairers have a duty of care to carry out their work with due skill and care. But this is an old argument.

    https://forums.moneysavingexpert.com/discussion/2995096=
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Flyboy152 wrote: »
    Maybe, but then repairers have a duty of care to carry out their work with due skill and care. But this is an old argument.

    https://forums.moneysavingexpert.com/discussion/2995096=

    I'm sure the component was replaced with skill and care, but don't see how they can be responsible for ops data. She should have a duty of care with her data.

    **trots off to thread, looks like it could be a looong read**
  • Why didn't your partner back up her files before sending it for repair? That would be the first thing any person with common sense would do.

    Write a letter to head office and explain the situation, that's probably all you can do.
  • Esqui
    Esqui Posts: 3,414 Forumite
    Two things: Firstly, if booked into the store, she'd have signed a sheet saying that she was responsible for all the data.
    Secondly, the store may well have told Dell to return the hard drive, but knowing Dell, they may well have ignored it.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • stigdu
    stigdu Posts: 8 Forumite
    Well, she's not very tech-savvy, and as the laptop was less than 1 year old, backing up wasn't a primary concern to her. By the time she realised the drive was on its way out and asked me to do a backup, we couldn't even get into Windows any more. :(

    I spent about 1/2 on the phone to Dell this afternoon who, although my gf had *specifically* asked Currys to return the hard drive should it need replacing, said they had received no such instruction from the rep at Currys, and had they received such an instruction, would have demanded an extra charge for this service.

    Sounds like a bit of a balls-up at the Currys end to be honest (faintly euphemistic-sounding pun not intended), so I'm going to go down there at the weekend and try to speak to the manager.
  • CoolHotCold
    CoolHotCold Posts: 2,158 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Long and short of it is, the Data is not covered under any warrantee, she signed a sheet stating she understood that data is not covered under any warrantee and Currys takes no responsibilities over this data.

    It is unfortunate, but it is whats happened.
  • stigdu
    stigdu Posts: 8 Forumite
    Long and short of it is, the Data is not covered under any warrantee, she signed a sheet stating she understood that data is not covered under any warrantee and Currys takes no responsibilities over this data.

    It is unfortunate, but it is whats happened.

    Except for the fact that when she signed the agreement to have the laptop repaired, she stated the hard drive should be returned to her in the event that it needed replacing. That is the issue here.
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