Laptop "lost" in transit. Has this happened to you

  seaton 08:48 02 Jun 03
Locked

Monday 0800
I bought my new Cybercom laptop from Staples for £688 on "have now, pay in 6 months" terms. Laptop went wrong. Rang Staples and they said "we don't exchange it, send it back to manufacturers" Rang the company, Medion, and they gave me shipping code to return laptop via UPS.It was collected and having not heard anything for 2 weeks, I rang Medion who had no delivery record. I rang UPS who couldn't find my goods. After a UPS search they sent me a claim form which took 4 weeks to sort out and I received a measley cheque today for £88 against the £600+ I have got to pay in a few months time for a laptop I don't have.
Monday 0830
Rang Medion who said that this had happened before, asked me to send all copies of paperwork and they would send out new laptop. Sorted!
Morals of story: 1.Make sure you can get replacement goods from the place of purchase if they go wrong.
2.Make sure you are FULLY covered by insurance if you have to return faulty goods (especially with UPS)

  IanNiblock 09:00 02 Jun 03

Indeed I did have a very similar problem last year. I had a Laptop that was to be returned to Tiny for repair, unfortunately I returned it the day before Tiny went into administration!! After 2 weeks of them reassuring me that it was still being dealt with and would be returned to me on time they changed their story and said that it was never received. I too had purchased the laptop using a buy now pay in 6 months option, and after months of arguments it was pointed out to me by a member of this forum that the credit company are legally bound to sort out matters such as this. As long as you have some sort of proof that the package was sent then you should have no problem, contact your credit company and explain the situation. I did exactly this and within 2 weeks had a nice new laptop at my front door.

  -pops- 09:04 02 Jun 03

Staples were wrong in telling you to deal with the manufacturer.

Your contract on the purchase was with Staples, not Medion and it is entirely Staples responsibility to ensure that you have a product that works properly. Often companies try to fob you off like Staples have done here but it doesn't alter the facts in law - it is their responsibility.

I agree with what you say about keeping records etc. but the whole circumstances of your situation were incorrect.

Brian

  seaton 10:19 02 Jun 03

Thanks Ian and pops. I'm going to check out your suggestions straight away.

  seaton 10:26 02 Jun 03

p.s.
Just in case Medion don't come up with the goods

  The Spires 10:37 02 Jun 03

Carefully keeping all the paperwork as you did is also most helpfull in there situations.

  The Spires 10:41 02 Jun 03

Oh & as -pops- said Staples should have sorted it out, what a shame as Staples had the maximum one million browne points on here, now just 1000.

  spuds 20:03 02 Jun 03

If you want to take the matter up with Staples. Here is the contact point: Staples UK Ltd, Customer Services Manager,Westfields,London Road,High Wycombe,HP11 1HA. The customer service manager is Penny Tappin.

  seaton 22:02 02 Jun 03

Thanks spuds, I will.

  Forum Editor 07:52 03 Jun 03

(That the retailer is legally responsible to you for the goods being 'fit for the purpose for which they were sold') is perfectly correct, and under the recently revised terms of the Sale of Goods Act any fault that you discover after purchase will be deemed to have existed at the time of purchase, BUT......

Some retailers realise that if you return the machine to them they may not have a replacement in stock, and that if a repair is the right solution they will have to return the machine to the makers anyway. What they do to resolve this is to agree with the manufacturers that customers will be asked to return machines direct. Advising you to make the return can actually be in your best interests, as it speeds up the process (although that hasn't happened in this case).

I'm not acting as an apologist for Staples - I have no idea of their company policy in such cases - but we have come across similar situations in the forum before.

You shouldn't bear the cost of the return by the way, but from what you say I gather you haven't.

  Stuartli 14:12 04 Jun 03

I had to return a faulty Sony camcorder to Nomatica at the end of last year.

It was delivered by TNT but Nomatica refused to meet anything other than the cost of registered post return, despite my vehemnent protests that it was not wise.

I decided to return it using DHL and it was delivered in the south of France next morning.

Nomatica sent out a replacement by (you've guessed) registered CitiePost and (in the UK) on via Royal Mail.

Some seven months later this replacement camcorder has never been sighted....

Visa were informed of the circumstances and refunded the £756 paid for the camcorder, plus the £50 DHL carriage charge.

Subsequently the same model was ordered from LetsGoDigital in Plymouth at £649 including delivery; Business Post had it on my doorstep by the following afternoon.

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