Claiming refund from Credit Card

Lillys_mum

Can I just ask how I should go about this.

I bought a laptop from Dabs.com in on 30/06/06 ( at a cost of £599.97) in Jan 07 the hard drive failed and was replaced under warranty. In Feb this year the same problem occurred only as it was out of 1 yr warranty they wouldn't help.

I am led to believe I can claim under the Consumer Credit Act that the item should last for longer than it has. I have tried to contact Dabs but can't get anywhere - I purchased this using my Skycard so how would I go about reclaiming the money from them - if I can.

Many thanks

LM

exel1966

You could claim under the Sales of Good Act direct to DABS as any goods purchased have to be fit for the purpose intended. Your c/card company is not liable under this act, however........

You could claim under the Consumer Credit Act which will hold DABS and your c/card company equally liable, therefore you need to contact Skycard/Barclaycard 'disputes' dept (or whatever they call it at their place) and explain the circumstances stating that you are claiming under the CCA.

If you haven't finished paying for the laptop yet you should also state that you wish any owed amount to be 'set aside' until a satisfactory outcome is reached. By 'setting aside' they cannot charge you interest on the amount, nor can they ask you to pay the amount owed (yet).

DABS/Barclaycard could just turn round and say that 13 months use from a hard drive is classed as reasonable. If they do you'll have to fight very hard. The law doesn't give time limits of reasonable use.
Be prepared to fight, but it does work, I've done it on more than one occasion !

Lillys_mum

Sorry I meant the Consumer Credit Act - I have just been filled with so much info today I got them muddled.

I have tried talking to Dabs but all you get is their web chat and they just say it is out of warranty.

So do I just phone up Skycard and go from there?

Thanks

ShelfStacker_3

exel1966 wrote: »

DABS/Barclaycard could just turn round and say that 13 months use from a hard drive is classed as reasonable. If they do you'll have to fight very hard. The law doesn't give time limits of reasonable use.

Do a quick Google and work out how long hard drives are expected to last, in that case, and present the information to them. It should say in the drive literature a figure called the MTBF, or Mean Time Before Failure. This is how long the drive is expected to last under normal usage, and I would bet (and probably win) that it's a darn sight longer than 13 months.

I would expect 3 years minimum out of a moderately used HD. Your mileage, as always, may vary.

exel1966

ShelfStacker wrote: »

Do a quick Google and work out how long hard drives are expected to last, in that case, and present the information to them. It should say in the drive literature a figure called the MTBF, or Mean Time Before Failure. This is how long the drive is expected to last under normal usage, and I would bet (and probably win) that it's a darn sight longer than 13 months.

I would expect 3 years minimum out of a moderately used HD. Your mileage, as always, may vary.

I don't need to do a Google search, nor present any info as I don't have the problem with the hard drive, nor did I say that I thought 13 months was reasonable. DABS/ Barclaycard might though !

My 'mileage' doesn't matter an iota as I wouldn't have a clue how long a hard can be expected to last under low, normal or abnormally high useage.

Try actually reading what's written before inferring I've said something to the contrary. :rolleyes:

Lillys_mum

Well I have done what you suggested and done a google search but cannot find anything out.

It is a Fujitsu Siemens Amilo L1310G it says on the box it has : Hard Disc 100GB PATA

is that what I should be looking at?

ps646566

Send an e-mail under separate cover to Fujitsu's sales or customer service office, and say you are thinking of buying a Fujitsu Siemens Amilo L1310G on friends' recommendations. One of the attractions is its reputation for reliability, especially re hard drive failure which you understand is the main cause of major PC breakdowns. How long would they say that the hard drive should typically last on this machine ? If they come back with something substantially longer than yours has lasted then you can hoist them by their own petard.

Lillys_mum

Thanks that is a very good idea which I did not think of - although they will probably not comment on it, knowing my luck.

lillywover

Hi
The Sale of goods act was amended in the 1994 to change the wording so it now includes a statement as quality which relates to a number of clauses but also include a statement of durability. So this in effect makes the warranties meaningless if the 'reasonable man on the street' deems the hard drive should last longer then x number of months. However what I didn't know until recently that if something has been used (therefore deemed accepted) and it fails. Then the seller has the remedy of going through a number levels - i.e right to repair it first and not replace it. Even if they do decide to replace it - the seller has the right to replace it with re-conditioned goods. The objective is to put the buyer in the position as if the breach didn't occur. By giving you new goods - puts you in a better position. I found all this out by ringing my local trading standards chap at the council. They will be very helpful in taking you through your rights and if you stand a good chance at the small claims court. Hope they back down - if you mention trading standards they might just. good luck.

Lillys_mum

Just to give you an update:

I contacted the tv programme "Don't Get Done Get Dom" and they are going to run the story!!!!

They are coming on Monday to do some filming - I am not sure what they will be able to do yet but anything is better than the nothing that I have managed!!!

They are going down the Dabs.com route not reclaiming from credit card though.

ps646566

Well done ! Please post up when it's going to be screened and we'll look in.