Problems with Littlewoods, passed to Shop Direct-now want me to sign papers for ASUS

bird2014_2

Hi...Here is an e-mail sent two days ago to 'Shop Direct' .... This is in regards to a Laptop purchased from 'Littlewoods'...I am really sorry, it is a bit long, but by reading you will see all the problems I have been having...Also, please read the reply and let me know what is the best thing to do from here....

Dear X XXXXXX

I understand you maybe put into a difficult situation as a go between, and so I do apologise that you have to bare the brunt of this.

I understand that my contract is with you 'Littlewoods' and NOT with Asus, so therefore I believe I have waited adequate time for this issue to be resolved....

First contact was made with myself and Littlewoods on 10 November 2013 (I have evidence of contact via e-mail)...This contact resulted in my having to contact Asus direct with details of the issue, I then had to contact 'Littlewoods' again as the problem was classed as CID (Customer Induced Damage)....I spoke to somebody named 'XXXXX', explained that the unit was not DAMAGED but had arrived like this and was a Manufacture issue...I was then told to re-contact 'ASUS' as I would be charged for any repair as they had classed it as CID for which the laptop would be a chargeable repair ....Contact with 'ASUS' restarted...The issue was not resolved as the contact is between myself and you (the re-sellers they said!) and its not something in which they could deal with. I then tried to contact 'Littlewoods' again via phone which resulted in me being kept on-line for 50 minutes and then cut off!!!! My next contact was with somebody on 'Littlewoods 'Facebook' page' called XXXXX...message stating problems sent back on 29 November 2013...Message then received 30 November 2013 from Lizzie - Facebook Team stating 'As there has been injury to you then we cannot deal with this query. I have forwarded this email on to our Customer Excellence team to deal as we’re unable to from here. They will respond ASAP.......

My contact with yourself (Mr X XXXXXX) started on 2 December 2013.....Since my first contact (with Mr X XXXXXX) there has been a further 11 messages from yourself (Mr X XXXXXX) and 15 from myself (ME). It is now the 1 February 2014 and the issue has still not been resolved...An 'Independent Report' was requested which has been supplied, I would also like to add that he also had cuts upon his hand after inspection.

SALE OF GOODS ACT 1979

'Whenever you buy goods from a shop or some other kind of business, your contract is governed by 'The Sale of Goods Act 1979'. 'This states that all goods supplied by a trader must be of a satisfactory quality, fit for their purpose and as described.'

The goods purchased from yourselves 'Littlewoods' are I believe not of satisfactory quality which means that the goods should be free from any faults; last a reasonable time; be fit for the purpose they were made for; and should be safe. This is then deemed as a 'Breach of Contract'.

‘breach of contract’

The Sale of Goods Act says you must have time to examine the goods after you've bought them, to make sure there are no faults or that you've got the right goods. This is because you might not realise there's something wrong until you get the goods home and unpack them or start to use them. During this time you are said to have not accepted the goods. If you find something wrong, you can take the goods back for a full refund. This is known as your ‘right to reject the goods’.

The law doesn't say exactly how much time you have to examine the goods. Instead, it says you have a reasonable time.

I would still like to have a 'Full Refund' and this issue to be sorted within 5 working days....A copy will be printed and sent to 'Head office' using recorded delivery with a formal complaint.

I would also like to remind you that there has been damage to myself, my son and also the independent inspector who examined the laptop.....I would also like it to be noted that I am still paying for a Laptop which is not in use and still in its original packaging and that payment is being made under duress.

Yours sincerely

Yesterday I got a reply....Here it is!

Dear ME

Further to my earlier email concerning the above item.

Following discussion with our supplier Asus, they have confirmed that they would like to inspect the item themselves given the details you have given. This being the case, could you please complete the form attached and return it to me so that we can get this arranged for you.

I look forward to hearing from you.

Yours sincerely

I would also like to add that the 'FORMS ATTACHED' are from Asus and are Terms and Conditions...Its a 4 page read...



Littlewoods want me to sign them!!...I dont want to...What do you all think??Sorry for it being sooo long, but you should see all my e-mails:eek:....Kx

gik

What's the problem with laptop?

Fosterdog

As above what exactly is the problem?
When was it purchased?
When was the fault noticed?
When was the fault reported?

Have Asus already seen the laptop for them to claim user damage?

bird2014_2

Hi....The laptop has a very sharp edge to the back..The model is Asus N550LF...It has an Aluminium Casing...This is about 1mm thick, but not rounded off just a straight edge....This is very sharp and has cut my fingers...As it is a laptop I need to move it about on occasions and this is when the cuts happen....First I just thought it was paper cuts, but I managed to cut myself quite a bit which started to bleed, this is when I inspected the laptop more and noticed how share the edges are....

3rd October 2013 Laptop was purchased from 'Littlewoods' ...

10th November 2013 Noticed problem ...same day contacted 'Littlewoods' explaining about the problem/issue....Told to contact Asus direct....

14th November 2013 contact made with Asus along with photos of sharpness of casing..scratched my nail across which left white residue to show the sharpness...thought this might help..(reply was that it was a CID...Customer induced damage) so a charge would apply...I explained it arrived like it, no damage noted, box perfect condition...Again told CID...I would be charged..

This has been going on for months...I offered to send the Laptop into 'Shop Direct' they accepted this....They inspected it and said 'No fault has been found'...I did request to have the person inspecting the laptop to contact me so I could give more information and say exactly where the problem was...BUT received none...I had an email to state no fault found and will be sent back...I found a telephone number and rang straight back to ask to speak to somebody, told the person dealing with issue had already left...Asked if I could get a second opinion, but was told I had to wait to speak to the chap again (I rang 15 minutes after hed sent the e-mail).... Next day I received an e-mail to let me know Laptop had already been collected...Asked to speak to the person who inspected the laptop...told no as he is not customer facing and does not deal with customers,...Told to get an independent inspection...Got one, sent it back to the chap and still not getting anywhere...they now want me to sign this paperwork so they can send to ASUS for an inspection....If you want me to copy and past the contract then I shall...It is a 4 page one ....... I feel I should not have to sign anything....I would go on...but dont want to bore everybody.....

I have been fighting this ever since...I have stated that I now want a full refund as I am fed-up and just want to close my account with them....SOOOOOOO NOT HAPPY

HELP!!!!....Any further questions, I am happy to answer

unholyangel

What did the independent report state?

bird2014_2

Here is a copy of the 'Independent Report'......

Dear XXXXXX,
On the 9th January 2014, you requested for an inspection of your 'Asus' laptop computer. I have
followed your instruction on the said date and I now offer you my report of my findings.
• Testing of the laptop computer for specification using appropriate tools, has shown that it is
as described.
• On inspection of the laptop computer, the build quality of materials used are a premium
quality. However, because of the material used on the top, outer shell (aluminium), the
finish on the rear side of the shell is very sharp.
In conclusion, this condition does constitute (as stated in the Sale of Goods Act 1979, Section 14,
2B) as a finishing problem and a safety problem. I've also cut myself in testing.
I look forward in hearing from you in the future.
Regards
XXXXX XXXXX (Owner/Manager)

bird2014_2

Can anybody give me any advice?...Shop Direct are saying I need to sign the papers (from ASUS) and send back so they can make arrangements for the Laptop to be inspected...Thing is I dont want a repair anymore...I just want my money back and close the account....It feels like they are saying I have lied about the Laptop and also the other person who inspected it for the independent reprot.......I have done everything they have asked me to do, but now Ive had enough..Any advice would be fantastic :think::idea:....Thanks

Fosterdog

What do the papers from ASUS say? I deal with them regularly for warranty work and have never had to sign a document, 4 pages or other. There's just a quick form to fill in online (model, serial number, description of fault) then they email back with an acceptance or decline. Once accepted they arrange a courier and it comes back about a week later.

You don't know that the person at little woods has lied, he/she may genuinely not have cut themselves or found the edge to be too sharp. If you see this from their side, the casing all comes off a factory production line, if there was a problem with the moulding causing it to be too sharp it would affect all of them or at least a whole batch.

Your options now are to
a) send it to ASUS for further inspection
b) send a letter before action giving little woods 14 days to repair, replace or refund before you take legal action. If they don't respond you then go to court.

Just be sure before going in front of the judge though as they may want to see the laptop to decide for themselves whether there is a fault or not.