Issues with Laptop Repair - Would Appreciate some Guidance!

[ponder]

Hello All,

 

This is my first post and I haven't got round the whole forum yet, so please move this if it would be better suited to another place!

 

I wasn't sure whether I could post the name of the retailler I'm dealling with, so I've got rid of it just in case.

 

This is sooo long, but I'd be really grateful, if anyone can bear to read this, for some advice?

 

Having a nightmare with an electricals retailer. My laptop had a minor fault with its keys so I took it in for repair as the warranty runs out in November. They said that it'd take 'under 2 weeks' to complete the repair and so I took it in before I went on holiday so I'd only be without it for a week (I'm currently setting up a business and so I'm lost without it!). Well I got back from holiday and they hadn't rung to say it was back in the store, so I waited, and waited until it had been away for three weeks.

 

Then I rang up what I thought was the store, but it was an expensive, general number and after a long time on hold, they apparently 'couldn't put me in touch with the store directly' so they rang the branch and the laptop wasn't there. So I asked where it was after all this time, and they couldn't tell me and also couldn't put me through to the appropriate department so I'd have to ring another number.

 

So, I was on hold for ages again, and they told me that the laptop had been repaired and returned back to the store only a 5 days after I'd originally taken it in and they couldn't tell me why they hadn't rung me. I was FURIOUS! So I rang the other number back so I could double-check whether it was actually in the store so I didn't waste a trip into town, and after a long time on hold AGAIN, they told me the store didn't have it. I was raging, so I got in my car and drove into town ready to present them with the date, time and consignment number that my laptop was returned to their store on. I got there and said I was here to pick up my laptop and began to rant about the date it came back to them on. Anyway, the guy on the desk said, 'oh, someone rang you about it today'! I said 'no they blooming didn't' and he said it could have been when I was travelling to the store - what a coincidence after 3 weeks! He then turned the computer screen to me that said 'Debbie called 11th September 2008 - no answer'. I believe he'd just typed it in!

 

Well, he then went to get my laptop and I noticed it had been scratched which I was not pleased about and then I opened it up to check it was properly fixed. Well, it wasn't, and far from it! It was even worse! Neither of the keys near the touchpad worked properly, and the casing hadn't been put back on properly and was bent and bowed in between the keys and the touchpad and looked like it was going to snap. I shouted a bit (in frustration rather than at the guy) and then he put me on the phone to someone to report the faults before I resubmitted it to them.

 

I had to take it home as I had stuff on there I needed to use, so I completely backed it up an took it back the next day. By then I had noticed that on the bottom, where they'd removed part of the casing to 'repair' the fault, they'd just forced it back on and screwed it on, rather than actually slotting it in and then screwing it - idiots! So a member of staff put that back on properly before it could do any lasting damage to the plastic. I mentioned the stratching that it had sustained, but was told that because the condition hadn't been filled in on the form they'd done on the computer, I couldn't prove that the damage had been sustained while it was with them - but isn't it their duty to fill out the forms completely? But, they were ready to fill out the condition part of the form this time - stating my poor laptop was 'scratched across the top'! Grraaarrgh!! Doesn't that just give them the opportunity to scratch it completely as now I can't prove how scratched across the top it was?

 

Anyway, I resubmitted it, along with a long list of the problems, what and where they were exactly, with diagrams as these supposed repair team (part of the retailer I believe) don't seem to know how keys work. You've guessed it, over two weeks later, it still isn't back. Sigh.

 

I have been without my laptop for over a month, have wasted money on phonebills and petrol and I can't sort my website out or anything to do with my business, having limited or no access to a computer. Can I reclaim any of these? Is the electricals retailer in breach of anything for inconveniencing me this much and damaging my well-looked-after laptop?

 

 

 

I've since found this, part of the Goods and Services Act I think: "consumer" means any natural person who, in the contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession;

 

So I don't think I'll mention the inconvenience caused to my setting up of a business, as it hasn't been 'set up' yet anyway and I don't want to void it.

 

On one of the Acts, it mentions inconvenience caused and the degree of it relating to the intended use of the item or something. The laptop was bought to be used while I was a full-time student, so I don't know if this is relevant?

 

So what should I be doing now? Waiting until I have the laptop back? Going in there and demanding it? Going to CAB? Writing letters of complaint? One of my problems is that I'm terrible at confrontation and standing my ground, and the managers at this store are particularly dismissive of my issues and just try and get rid of me. Would love some opinions, and advice would be gratefully received!

 

I really thank you if you managed to get to the end of this - no doubt I'll have missed stuff, but It'll be a good reference, having it down in writing.

Edited October 1, 2008 by ponder

[gyzmo]

Right. first of all clam down! I know thats difficult when you have been treated like this, but you will find yourself much more able to deal with these issues when calm! Now to the problem...

 

Ignore this element to do with business. You dealt with them as a consumer and not as a business so we can disregard that bit.

 

In terms of legislation, we are looking at the Supply and Goods of Services Act 1982 which automatically puts terms into a contract that services provided will be carried out with reasonable care and skil (section 13) and within a reasonable length of time (section 14). I think we can see that these repairs could not really be said to meet either of these.

 

The best thing to do is to put this all in writing. If you feel unable to complain face to face (not easy for most people) then writing has the benefit of providing proof.

 

When writing your letter, you must keep it factual, remain calm (as much as you want to slag them off) and to the point. So here we go....

 

 

 

Dear Sir / Madam

 

I wish to complain about the service that I have received from yourselves in regards to the repair of my laptop which so far has taken over a month and is still not repaired.

 

[Now here you need to provide a short factual and chronological description of events and the exact nature of the complaint. Include names of who you have spoken to if possible, along with dates and times. Bullet point if you prefer - it is easier to read).

 

Under Sections 13 and 14 of the Supply of Goods and Services Act 1982, any services carried out will be done so with reasonable care and skill and also within a reasonable time. It is quite evident that reasonable care and skill has not been excercised, due to the scratches appearing on the laptop whilst in your care and the fact that the initial faults have not even been rectified but in fact have been made worse. I also do not consider over a month to be of a reasonable time, especially as I was initially informed it would take less than 2 weeks for repairs to be effected.

 

I am sure that you can understand my disappointment and will do all that is required to remedy this situation. However, for the avoidance of doubt, I am now making time of the essence in this matter and require that, to avoid legal action, the work wil be fully completed to a satisfactory standard within 10 days of your receipt of this letter.

 

I therefore look forward to hearing of your response to these matters and prompt confirmation that repairs have been carried out.

 

Yours etc etc...

 

 

 

If you want to, you can post your letter here for us to have a look at and iron out any problems (if any) before posting.

 

Send this off by recorded delivery to their customer service dept (shold be on any documentation and dont forget to include reference numbers etc. Also report it to consumer direct (see my signature for the link) and do please keep us updated.

Edited October 1, 2008 by gyzmo
fingers randomly pressing any old buttons on keyboard...

[ponder]

Thanks very much! Yes, I'll draft a letter and post it here. I did read the Goods and Services Act, but wasn't sure that it applied to my repairs and then got a bit bogged down, so thanks for the sections! I'm soo angry, but yes, a cup of tea and a cuddle with the dogs will sort me out!

[ponder]

Well, just to update. Strangely, I had a phonecall from the retailler letting me know my laptop was back in, so I printed out the relevant sections of the act and went to collect it, knowing full well that I wanted more than just the laptop back. Well, I got there and found out that, surprise, surprise, it wasn't properly fixed. Again. They'd fixed the faulty keys, and had replaced the inner casing around the keyboard, but hadn't put it back on properly so it was bent near the keys. Also, they hadn't put the keyboard back on properly, so it's wobbling around as I type.

 

The guy was reasonable and took it next door to see if PC World could fix it, but apparently they couldn't. So then he said it would have to go in again for repairs. I told him that it had been too long already and I wasn't prepared to be without a laptop for god-knows how long and said that I'd spent a lot of money on petrol and phonecalls and that I was being severly inconvenienced. I then said nothing, and waited for him to respond... which took a little while.. Then he said that I could have a replacement laptop. Very pleased really, as I'll have another year of warranty, as mine runs out in November. So I have it until Friday to back everything up, and then, new laptop!

 

So, thanks for your help, and although I din't recite the act to him, just having it with me gave me the confidence to know I was within my rights to be dissatisfied. Thanks again!

[gyzmo]

Shame it had to get so far, but glad its worked out. I was just about to say before I read the penultimate paragraph they should be looking to replace the laptop given yet another unsuccessful return. Make sure you dont get some rubbishy ex display model and that it is of the same or better specification as your current one.

[ponder]

Thanks gyzmo. Yep, I'll make sure I don't get any display/refurbished kak. This happened to a friend - she bought a laptop over the internet and when it went wrong, she thought they were being really generous giving her a brand new replacement of higher spec, but it turns out it can't even run Vista. Something not quite right there.

 

Anyway, huge thanks, and I hope I don't have to come back and complain about them tomorrow!

[gyzmo]

Fingers crossed - but now you know where to come!