What can I do?

  Stormpool 11:15 10 Jan 04
Locked

Bought a Packard Bell laptop in November 02.

Dec 02 I had intermitant problems with touchpad and keyboard. Phoned the tech line to report problem, but was busy so couldn't book collection.

Jan 13th I phoned in to report a fault with back light failed, sticky touchpad button, intermittant touchpad and keyboard problems.

System was not collected, phoned back 10 days later, they said their records indicated i had cancelled it and was having a refund, rearranged collection. It went for repair, when it came back screen was fixed but touchpad button was still sticking furthermore I had a problem develop with the cdrom drive overheating.

Machine was collected again and taken for repair, faults fixed, returned to me end of feb, possible beginning of march.

Overall machine had 5 faults and I was without a working laptop from 13th Jan until End of Feb. Which is a substantial amount of time. 13th being the date I contacted them not date of failure.

Now, warranty ended November 03, Early Dec 03 the mainboard failed. A month out of warranty. The only response I've had from the support lines is to buy a additional policy ..which is about £300-£400 (Cannot be sure on exact price I forgot, pardon me if I'm out, but it's not cheap!)

One figure I do remember is.. from reporting the fault with the touchpad button sticking, it was aprox. 47 days before they got it repaired! It was only afterwards that a member of their support said if a problem was not fixed in 28days I could have asked for a replacement, but I had the laptop back, and was happy it was all over!

So the question is now, what can I do? Do I have any rights?

  spuds 11:48 10 Jan 04

Consult your local Trading Standards for further advice.Seeing the problems that you had, whilst your computer was under warranty,and the repairs undertaken, could give you a further breathing space on future repairs, under the various trading Acts.

  bfoc 11:48 10 Jan 04

Is with whoever sold the item to you and not the manufacturer, unless they sold it to you direct!

In law claims can be made for up to 6 years after Point Of Sale. However this depends upon the type and cost of goods and the key point here is 'reasonable'. So one is entitled in law to 'reasonable' durability.

It is hard to believe that anyone would argue that 13 months is a 'reasonable' life for a laptop so you might well have a case.

However the retailer could insist that you show that the failure was not down to anything you or someone else had done. For that you would need an engineers report. Of course if the fault is the retailers responsibility they would also have to pay for the report as well as any repair.

What you should do is contact the retailer, their head office might be best, by recorded delivery detailing exactly what has happened and making clear that you are aware that, under the Sale of Goods Act 1979 as amended, you are entitled to goods which are durable and your laptop has not been. Explain that you wish them to fulfill their obligations and ask what they propose to do about it. Set a realistic time limit for them to reply, say 10 working days.

If they suggest they take the laptop for examination do not agree, if they want an examination it must be fully independent.

Best of luck!

  Stormpool 13:37 10 Jan 04

Trading standards will hopefully get back to me monday. And my Dad explained it to a lawyer he was doing some work for.. and as you said

"It is hard to believe that anyone would argue that 13 months is a 'reasonable' life for a laptop so you might well have a case."

Is the kind of thing they brought up.

So here's hoping!

There's always home insurance I spose ;o)

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