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

texranger

stigdu wrote: »

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.

but she signed the agreement stating she understood that data is not covered under any warrantee and Currys takes no responsibilities over this data. regardless to what she told the sales advisor .

it is quite easy and cheap to get an external hard drive and connect to your laptop and backup the main hard drive on a regular basis.

i do this weekly and have done from the day i purchased my computer as i have done with every computer.

Flyboy152

arcon5 wrote: »

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**

There were other threads from Nerrit, but they seem to have been deleted. She suffered the usual attacks from the holier-than-thou brigade, when she had the temerity to come on this forum and ask for advice on what to do about her missing hard drive.

I don't know, I sometimes wonder why people even bother asking, when they get treated like that.

Flyboy152

texranger wrote: »

but she signed the agreement stating she understood that data is not covered under any warrantee and Currys takes no responsibilities over this data. regardless to what she told the sales advisor .

it is quite easy and cheap to get an external hard drive and connect to your laptop and backup the main hard drive on a regular basis.

i do this weekly and have done from the day i purchased my computer as i have done with every computer.

But Currys varied the terms of that agreement when they agreed to preserve the hard drive; thereby, most likely, making them liable for its care.

CoolHotCold

If that was true then you would expect it written, otherwise it will be one word vs another but the other side has signed paperwork stating you, the consumer, accepts data is not guaranteed.

But it doesn't solve the immediate issue where Dell has replaced the hard drive, and in all likelihood sent the HDD away for destruction.

shaun_from_Africa

stigdu wrote: »

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.

Your gf could have asked for the HDD to be returned, but wouldn't have any rights to insist upon this.
Normally when any part or item is being exchanged under warranty or SOGA rights, the retailer is legally entitled to take possession of the defective item.

Jakg

To echo what everyone else has said - you would of signed a bit of paper that says they may replace your HDD and cannot be responsible for your data.

And although you say your brother-in-law "does this for a living", thats not to say he could necessarily recover anything from a dead HDD.

forgotmyname

If your brother in law does that for a living why did you not get the data recovered 1st?

If the drive had failed the only way you could recover the data is by removing the disk platters and
using special equipment to read the data off it.

Dell dont do this they will just replace the drive. Which is what they have done.

I would expect Dell will get some credit for it from the original manufacturer.

stigdu

We didn't get the drive repaired initially due to logistics, as we are in Sutton in the UK and my brother-in-law is in Warsaw, Poland.

She's learnt a hard lesson unfortunately about not backing up, it was just horrible to see her in floods of tears after losing 6 years' worth of family photographs and all the work that went into her structural engineering chartership.

Thanks for all the advice anyway, folks.

Valli

If she has only had the laptop for a year where did the 6 years of photos (well, 5, it would have been) come from?

In other words where were they before they were uploaded to the lappy and have you still got what they were uploaded from?

Gavin83

What solution are you hoping for? The data can't be recovered after all.