Laptop damaged by repair shop

Minute

thanks Shaun . For your info , it was a Starbucks tea . the laptop was used for about a week before my husband had the time to go to Apple then the repair shop for a quote and diagnosis - so it did work fine 'long after' the initial spill.

macman

Yes, but during that week the tea residue was continuing to corrode the circuit board, leading to it's eventual failure. The rule is always to stop using the machine, remove the k/b and get it dried out immediately. Just because it continues to work after the initial spillage does not mean that it is not seriously damaged. After a week the damage is done.

djmsemcgrath

I have a different view to most people on here. The fact that the liquid may eventually have dripped onto components, or started to erode the components over the week could be irrelevant, depending on the damage that exists now. For example, liquid damage is unlikely to cause screw damage consistent with forced entry.

The laptop presented with a single error, which both Apple and the repair shop agreed on. The repair shop agreed to fix the error and their terms and conditions state that if their actions cause any problems, they would rectify that.

After the laptop was returned to the customer, damage was found which was caused by the repair shop, such as screws not put in the right place, or forced in, etc. The customer needs to evidence that this poor workmanship was the most likely cause of the new errors, as opposed to the liquid. An expert, or someone from Apple, could determine that. The damage could be of such a type that liquid spillage couldn't have caused it, therefore, the only explanation could be poor workmanship.

My advice was for the customer to obtain evidence, such as documentation, to support their case, and present everything in writing to the repair shop to give them the opportunity to fix their mistake, including replacing damaged components or financial compensation if it cannot be fixed. Any components that are now damaged that could possibly have been caused by liquid damage will be open to negotiation.

If the customer has evidence that the laptop was in a workable state as close to the repair shop having it as possible, then that would be good. For example, if the customer accessed a file (and the file has a datestamp) at 7pm, then the repair shop had it at 8pm, and now the damage means the customer cannot access that file, then it would be reasonable to assume that the repair shop caused that damage, as opposed to the liquid eroding a component in that tiny time window.

If the repair shop refuse, then a small claims court would be the next step, as long as you have enough documentation or evidence to have a convincing case. Often, small traders such as this will prefer to refund, or fix their mistake in order to avoid court and a possible CCJ.

pimento

A three week old laptop and you don't take it to Apple?

djmsemcgrath

pimento wrote: »

A three week old laptop and you don't take it to Apple?

That's a fair point. You probably would have been expected to take it to Apple and claim on the warranty, which I assume included accidental damage. Most Apple warranties do, especially in the first year.

However, that doesn't completely exclude the repair shop from their responsibilities.

Minute

thank you so much Damian, you articulated it in a way I couldn't ! I am a bit surprised by some of the replies here which suggested that all diagnosis was wrong, Apple's, the repair shop (before they changed their tune this morning), and the reseller.

The reseller actually was so appalled by the stare of the machine that they wrote out a letter to support us, what their findings were including what they referred to as unauthorised modification.

I just hope the repair shop is sensible otherwise this will go to small claims.. thanks all and thanks again Damian - guttered, but hopeful ;0)

Minute

Yep Pimento, we were not pleased to hear that the warranty is automatically cancelled when spillage occurs, Apple'ss price was a third of the laptop £300 for a keyboard replacement so we went elsewhere, and regret it for sure. but I guess spillage seems to happen so often that's why they won't cover it.

djmsemcgrath

You could have not mentioned spillage and claimed ignorance, and Apple would have probably been forced to fix it, especially if you completely denied spilling anything, but obviously lying isn't a recommended course of action.

If the damage was that the copper connectors were eroded, then you'd have struggled to blame the repair shop. But the damage is clearly more acute than that, i.e., it hasn't just eroded away, but there is physical damage that can only be caused by human interaction. If the Apple shop agree, then the repair shop would struggle to win at small claims. After all, Apple are the absolute experts in this situation, and it sounds like you have paperwork showing that they agree with you. Even if you don't, it probably wouldn't cost much to get an independant report, and you can add this cost onto your small claim if it gets that far.

If I were you, I'd (you might have done some already):

- Visit the repairer, explain everything verbally, and give them the chance to fix. If they do, great. If they are a fairly big company, follow their complaints procedures. Check if they are registered with any bodies, such as Trading Standards. If they start getting funny with you, then:
- Write a letter, explaining your position and providing deadlines and what your next step will be. Chances are, they will fix. If not:
- Get your documentation together, and contact a mediation company. I've previously used one called ADR, but Citizens Advice/Trading Standards can give you organisations to contact. Mediation is free for you and will attempt to reach a good outcome for both parties. In my experience, this won't work and traders don't often even reply, however, the small claims court will look hugely favourably on you if you tried mediation first. It shows you were being reasonable, and they weren't interested.
- After mediation, file a small claim. I think it's £60 but you get that refunded after if you win. I'd write the repairer a letter to inform them, but they will receive a court letter anyway. This is normally when they will offer to fix it or reimburse you. If they try and contact you during this process, remind them to send letters through the court. Traders try and offer part refund just to stop the court process which is annoying. Think carefully about negotiating or accepting any offers that haven't gone through the court. Also, remember at all times, to act reasonably, politely, and everything you write down could be seen by the court, so be nice. Think about what you are going to claim for. If you are unreasonable here, the court won't like it. You could fairly claim for the cost of getting the components replaced by another repairer. It starts getting murky when you claim for lost revenue due to you not being able to use your laptop for, say, work. Basically, the end result should be exactly how you were before you visited the repairer. You shouldn't profit from this.
- If you have to go to court, don't worry, it's pretty straight forward. I can't particularly offer legal advice, or tell you how strong your case might be, but don't let the fact you're going to court scare you into stopping. Someone at some point, Citizens Advice, mediation, even these free half-hour lawyer sessions you can find sometimes, will have told you if your case is ridiculous.

It might be worth discovering whether the repairer is a limited company or a sole trader. Companies House can search limited companies. If it's a sole trader, find out the person's name, and ensure communication is sent to them directly. You'll be taking him to court, not the company name.

*Don't follow my advice without checking things with experts such as Citizens Advice, Trading Standards or your own legal people, and always follow their advice rather than mine*

Minute

Damian great info, though not sure about the lying bit I could never do that plus they would have seen spillage upon opening it..

thanks for the steps I wondered how to get going. in terms of mediation though, they started being funny today, backtracking about their initial diagnosis saying the spillage caused it and they had a video of the spillage. ? . we had left the machine with them for another day and they didn't know what to do so now they offer to 'do their best to try fix it' but as we pointed out to them , the reseller's report states that it is damaged beyond economical repair - that means we can't get it fixed, unless they spend £1000 for NEW parts, which i cant imagine they will do . As someone suggested above also they will end up giving us a Frankenstein version which may or may not develop issues and we can't settle for that. Is it acceptable at this stage to tell them we want financial compensation for the machine and if that is not acceptable we will have to take it to small claims .?

djmsemcgrath

Does your reseller report mention that the damage is likely or unlikely to have been caused by spillage? This is probably the most important element. If the damage is likely to have been caused by spillage, then even if you believe the repairer inflicted further damage, it's going to hard to convince anyone else.

If the damage is completely inconsistent with spillages, then you should take this report to the repairer, and say you want it repaired using new components* (I'll come back to this bit in a minute) or financial compensation. If they refuse, say you have no choice but to raise a small claims court and they should expect paperwork shortly. Most traders or companies have public liability insurance to cover this very event so I'd be amazed if they fought the court.

By the way, my home insurance covers accidental damage to laptops - does yours? Claiming on that might be a much easier process.

*I think you might have a slight issue asking them to put brand new components in. Your laptop is not new. It has been used at least once, therefore it is second hand. I don't think there's a legal definition of second hand, but it's going to be almost impossible for them to source components that are 3 weeks old to match yours. Therefore, they might be legally entitled to replace them with second hand components of any age. As I mentioned, you need to be put back in the position you were in before, and the position you were in was with a working laptop. I agree having inferior components is slightly unfair, but if your laptop leaves that shop working, that might be all that is needed to satisfy that condition. It's obviously worth pushing for all you can get though.

My next steps would be to advise the repairer exactly what you want and by when, either verbally then in writing, or direct in writing. Wait for their response, then phone Citizens Advice, get a mediation company name (or search Google for ADR), phone them and ask for advice and follow their process, see what happens, then raise a small claims. There's people in the Parking forum on here that have huge experience with small claims - they might be willing to offer advice for a non-parking issue.

By the way, before you do anything, get your laptop back, and don't sign anything saying you were happy with the repairs. You might need your laptop to get a report done by Apple to help your small claim. If you have paid, you can do a chargeback through your debit card or credit card for a disputed payment, as they haven't fixed your laptop so they haven't fulfilled their side of the contract.