Next Move? Court?

Harrypottermouse

Hi
In a nutshell
Sent an expensive halo keyboard Yoga book laptop back to Lenovo for repair for a cracked / broken glass keyboard using their tickets etc. told 10 day turn around. Sent August. Claims admitted liability of lost and offered replacement of new equivalent or upgraded model early September or money back. I searched long and hard so wanted it replaced rather than money back with was also offered as we had also bought other peripheries. Its now October and we are still told waiting manufacturing information. I think I have been more than patient and I have offered them several opportunities to contact me. Yesterday I lost the plot and said if they hadn't contacted me by 3.30 I would begin small court proceedings.
Do I have any other options?

pinkshoes

Write to them giving them a date (deadline) by when you eant a replacement (or full refund?), otherwise you will take court action.

You need to give them say 14 days to do the above, as the court would say anything shorter would be unreasonable.

Send with proof of postage.

Harrypottermouse

sadly I have already given them two deadlines and they have fobbed me off with waiting on information from the manufacturer.....so I think given they have a 10 ship, quote, repair and return policy - so I think I have been more than patient - they are clearly in breach of their own terms, they have admitted liability for the loss.

KeithP

Did you read what Pinkshoes wrote?

Did you send them a letter giving them 14 days to do the right thing otherwise court action would follow?

If you have sent them a properly worded Letter Before Claim and they have not responded, then your next step is the Small Claims Court.

This MSE guide may help with that: Small Claims Court guide.

If you have not yet sent them a properly worded Letter Before Claim then do so now.

unholyangel

Harrypottermouse wrote: »

sadly I have already given them two deadlines and they have fobbed me off with waiting on information from the manufacturer.....so I think given they have a 10 ship, quote, repair and return policy - so I think I have been more than patient - they are clearly in breach of their own terms, they have admitted liability for the loss.

You're getting mixed up. The 10 day turnaround will be on repairs/replacements, not settlements.

As pinkshoes & keithp say, you need to send a letter before action/claim giving a reasonable deadline (CPRs say 14 days in simple matters extending up to 3 months for more complex claims).

Whats more, legally you would only be entitled to the second hand value of the machine that was lost. Not the price of a brand new replacement.

Perhaps that fact (them offering more than they need to legally) may help you keep your cool in future when dealing with them.

Harrypottermouse

He admitted liability straight away that they had lost it when I finally got to the right department (that took some doing). Yes I appreciate the 10 day is their terms they offer for the quote and repair. I have waited patiently for that and then since making contact and their admission of liability. It was the case manager who offered and Brand New In Box equivalent or higher spec or a refund. I did not expect to wait a further 8 weeks for the replacement.

I have maintained contact requesting information which they have been poor in giving - and I have stated my case clearly as to what I expect and with reasonable time for them to deliver - they continuously fail to deliver.

I sent this earlier today and almost immediately had a response

I am keen to resolve this - would the other quicker option be for me to take the cash and compensation amount as you offered in the first instance.

To be clear if I go down the financial route I will be seeking the cost of the lap top itself, its carry bag, its cover and its expansion card (as without the replacement machine they are now defunct), so I am happy to provide the costs of these items but also on top of that I would also be seeking compensation for the loss of time I have needed to spend on chasing up this matter and the loss of work time for my daughter while waiting for her laptop back so on this matter alone I would seek compensation at £250 for myself and £250 for my daughter.

I am quite disappointed in the resolution of this matter and this will be my final offer before I instigate the court proceedings to recover the goods and costs.

Sorry it has to be this way but I do think I have been more than fair and patient in the matter. So deadline is 12 noon on Friday 20th October 2017.

His response was
I have news from the manufactures that the expected shipping date is 23.10.2017.
I this is not the case the only solution I can offer is a refund.
I will contact you on Monday hopefully with good news

My further response was
Many thanks Samuel - but this really does have to be the line in the sand as I am now more than 6 weeks into the new term and my daughter has been really struggling with her studies because of the lack of her availability to her laptop.

I would expect to see on the 23rd proof of shipment and before noon so that we can conclude our business and I can ensure someone is available to receive the delivery.

However, should you wish to pursue the finance route I am not prepared to wait beyond October 31st for the money to reach my account in total under the terms I set out in my previous email with all of the restitution elements.

I look forward to hearing from you on Monday


I think I've been more than patient and reasonable and given them enough chances to put this right......so like you say ball clearly in their court and if they don't play it is off to court they go.

Harrypottermouse

also my machine was virtually brand new and therefore still well within warranty although the repair as I knew was not covered

powerful_Rogue

Harrypottermouse wrote: »

He admitted liability straight away that they had lost it when I finally got to the right department (that took some doing). Yes I appreciate the 10 day is their terms they offer for the quote and repair. I have waited patiently for that and then since making contact and their admission of liability. It was the case manager who offered and Brand New In Box equivalent or higher spec or a refund. I did not expect to wait a further 8 weeks for the replacement.

I have maintained contact requesting information which they have been poor in giving - and I have stated my case clearly as to what I expect and with reasonable time for them to deliver - they continuously fail to deliver.

I sent this earlier today and almost immediately had a response

I am keen to resolve this - would the other quicker option be for me to take the cash and compensation amount as you offered in the first instance.

To be clear if I go down the financial route I will be seeking the cost of the lap top itself, its carry bag, its cover and its expansion card (as without the replacement machine they are now defunct), so I am happy to provide the costs of these items but also on top of that I would also be seeking compensation for the loss of time I have needed to spend on chasing up this matter and the loss of work time for my daughter while waiting for her laptop back so on this matter alone I would seek compensation at £250 for myself and £250 for my daughter.

I am quite disappointed in the resolution of this matter and this will be my final offer before I instigate the court proceedings to recover the goods and costs.

Sorry it has to be this way but I do think I have been more than fair and patient in the matter. So deadline is 12 noon on Friday 20th October 2017.

His response was
I have news from the manufactures that the expected shipping date is 23.10.2017.
I this is not the case the only solution I can offer is a refund.
I will contact you on Monday hopefully with good news

My further response was
Many thanks Samuel - but this really does have to be the line in the sand as I am now more than 6 weeks into the new term and my daughter has been really struggling with her studies because of the lack of her availability to her laptop.

I would expect to see on the 23rd proof of shipment and before noon so that we can conclude our business and I can ensure someone is available to receive the delivery.

However, should you wish to pursue the finance route I am not prepared to wait beyond October 31st for the money to reach my account in total under the terms I set out in my previous email with all of the restitution elements.

I look forward to hearing from you on Monday


I think I've been more than patient and reasonable and given them enough chances to put this right......so like you say ball clearly in their court and if they don't play it is off to court they go.

You asked for £500 compensation on top of the actual refund for the laptop?!

If you take this to court, you will be laughed out by the judge. £250 compensation for your daughters loss of work time?? You can forget that straight away.

As for the items you purchased, you will have to try and mitigate your loss. Have you tried to return these for a refund, or listed them on eBay etc? In regards to your loss of time, that will be a no-go either.

tyreon

With commiserations...

Yes,I think any compensation is always dumbed down in the UK. We are not the USA. 15 years in the slammer then found to be innocent...the compo is risible. Then the judges even go in to try to deduct your B+B expenses!!

societys_child

£500 compo plus cost of all the accessories, plus a new laptop :rotfl:
no wonder they're not talking to you.