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Tesco - won! Small claims/ faulty laptop out of court settlement
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s2016
Posts: 43 Forumite
Hi everyone! I usually post questions but today wanted to post some good news for consumers! Thanks to this forum/ website and also The Complaining Cow website (Helen Dewdney is an excellent consumer right's campaigner.)
This week I won (and was paid) an out of court settlement with Tesco for a faulty laptop. I have recovered a full refund and costs.
Story:
1) Laptop purchased in spring 2017. It is slow from the start. Tesco tell me to speak to Microsoft as they blame the operating system (WRONG! The responsibility is with TESCO as they are the retailer.)
2) At this point I still want the laptop so speak to Microsoft. They say the problem isn't theirs even it is the operating system (CORRECT!) as I purchased with Tesco.
3) Tesco evade refund.
4) I fire an email - called a 'letter before action' - to the CEO about small claims. The letter highlights relevant sections of the comsumer ACT 2015 and how they've breached the law.
5) CEO customer exec office gets in touch. Again shady but now says they will get an xx (laptop brand) engineer to look at it and that I have to pay as it's over six months. I argue that I raised my complaint within six months (you need to do this, after six months onus is on you under Consumer Act 2015) and they have purposely used stone walling and delay tactics to limit my rights so that the complaint went over six months. I tell them I am filing small claims and that also reporting them to trading standards. I do both. (But I don't pursue trading standards follow up as I just want my money back at this point and don't have all the time I would like for them to deal with it.)
6) Now over 16/18 months I file a claim with money claims online (really easy cost me £30.00) . 7) Money claims (the small the claim court) list for mediation. This is a slow process. Mediation fails because the mediation team don't get in touch with either party for a proper date.
8) Moneyclaims state they will list a hearing for a judge.
9) Meanwhile I sent Tesco an email to find out if they have heard anything for a new date a few weeks later. Tesco have not.
10) Tesco offer to speak to me to see if we can reach a resolution (always best option as less cost for all parties as Tesco/ big companies would likely hire solicitor firm costing ££££)
11) We reach a settlement. I agree. All amicable with the legal department (unlike terrible customer services dept).
12. Money in my bank today.
Hope this helps anyone faced with daunting refund issues. Companies WILL stonewall you and you don't have to go the long ombudsman route (I didn't though it would help I guess for a judge to see youve made every effort to get your money back before court). I have given this advice to a friend who is suing an airline for selling tickets on a flight that didn't exist and refuses to refund him. Will update here if he successful. Obviously there is stress and time involved in pursuing this way and it's not ideal. But don't let companies fob you off when they are breaking the law.
Thanks for reading.
This week I won (and was paid) an out of court settlement with Tesco for a faulty laptop. I have recovered a full refund and costs.
Story:
1) Laptop purchased in spring 2017. It is slow from the start. Tesco tell me to speak to Microsoft as they blame the operating system (WRONG! The responsibility is with TESCO as they are the retailer.)
2) At this point I still want the laptop so speak to Microsoft. They say the problem isn't theirs even it is the operating system (CORRECT!) as I purchased with Tesco.
3) Tesco evade refund.
4) I fire an email - called a 'letter before action' - to the CEO about small claims. The letter highlights relevant sections of the comsumer ACT 2015 and how they've breached the law.
5) CEO customer exec office gets in touch. Again shady but now says they will get an xx (laptop brand) engineer to look at it and that I have to pay as it's over six months. I argue that I raised my complaint within six months (you need to do this, after six months onus is on you under Consumer Act 2015) and they have purposely used stone walling and delay tactics to limit my rights so that the complaint went over six months. I tell them I am filing small claims and that also reporting them to trading standards. I do both. (But I don't pursue trading standards follow up as I just want my money back at this point and don't have all the time I would like for them to deal with it.)
6) Now over 16/18 months I file a claim with money claims online (really easy cost me £30.00) . 7) Money claims (the small the claim court) list for mediation. This is a slow process. Mediation fails because the mediation team don't get in touch with either party for a proper date.
8) Moneyclaims state they will list a hearing for a judge.
9) Meanwhile I sent Tesco an email to find out if they have heard anything for a new date a few weeks later. Tesco have not.
10) Tesco offer to speak to me to see if we can reach a resolution (always best option as less cost for all parties as Tesco/ big companies would likely hire solicitor firm costing ££££)
11) We reach a settlement. I agree. All amicable with the legal department (unlike terrible customer services dept).
12. Money in my bank today.
Hope this helps anyone faced with daunting refund issues. Companies WILL stonewall you and you don't have to go the long ombudsman route (I didn't though it would help I guess for a judge to see youve made every effort to get your money back before court). I have given this advice to a friend who is suing an airline for selling tickets on a flight that didn't exist and refuses to refund him. Will update here if he successful. Obviously there is stress and time involved in pursuing this way and it's not ideal. But don't let companies fob you off when they are breaking the law.
Thanks for reading.
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Comments
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So it didn't actually go to court, they came to a resolution with you.
You got a good result but there are flaws in your case which would have cost Tesco more to defend than to settle.
The flaws, well I'll let others fill you in there.0 -
Change the heading to....
Tesco refunded on slow laptop even though the cause was down to software I installed or updates that I allowed?Censorship Reigns Supreme in Troll City...0 -
Don't these kind of settlements usually come with an non-disclosure agreement...?0
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Hi. Really pleased to read this. Who cares who was at fault, you got your money back. Well done.0
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Hi. Really pleased to read this. Who cares who was at fault, you got your money back. Well done.
Actually people should care because things like this drive the prices of goods up for everyone. It doesn't sound like OP has actually demonstrated a fault with the laptop let alone proven that it's an inherent fault, it could just as easily be too low spec for its use or have viruses downloaded on it. Tesco have only paid out because it would cost them more in staff time to defend it, they won't want to lose that profit so in turn put their prices up to cover these costs.0 -
That was my point. Why shout from the rooftops.? I will probs picks this up for £100.0
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All Microsoft updates should be allowed.forgotmyname wrote: »Change the heading to....
Tesco refunded on slow laptop even though the cause was down to software I installed or updates that I allowed?0
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