Two months out of warranty does SOGA protect me?

[Dan6470]

The Counter Report You Did

 

Was The Person Who Did That Report Have Recognised Qualifications To Make That Report

 

Not quite sure what you mean. Considering the work that the company who inspected the laptop do, I would have thought that all their engineers are graduates in Electronic Engineering.

 

The report was very extensive, eight pages with photographs together with in depth analysis. It also provided an assessment regarding the findings of the suppliers report. It was very expensive. Certainly not done by a lad at Comet.

 

Dan

Edited March 25, 2010 by Dan6470

[blitz]

Sure enough, if you're spending time and money on testing, etcetera, you can claim for that.

 

Article 3. of the EU Directive 1999/4/EC outlines your rights:

 

 

 

"rescinded" implies a full refund in return for letting the supplier off the hook; contract cancelled, money back, end of story.

 

 

Rescinding from a contract doesn't always allow a full refund I am afraid, a retailer may reduce this amount to take into account use. As shown above a partial refund

[postggj]

Thats The Point I Am Trying To Make Blitz

 

14 Months Use

 

I Say Again

 

Take The Offer

[blitz]

There is no harm in pressing the issue when it is likely that the OP will get a much better deal. Yes they may come back with saying you will not get any more but if you go on the offensive they don't have a very good case against them, especially when a like for like replacement at cost would be about the same amount.

[Dan6470]

I have received the following request from the supplier;

 

Please could you provide to me a copy of the receipt for the inspection report that you obtained, and we can then re-assess the situation.

I don't particularly what to supply them with this information, I haven't asked them to refund the cost, just repair or replacement of the Laptop. I'm a little embarrassed at the amount that the report cost me, might make me look a bit daft and may weaken my case. The report cost £211.50 (a third of the cost of the laptop), my excuse is that I was really angry, fuming even, when I asked for it to be done, although it is a very nice, in depth report, I'll post it if you like.

 

What do you think should I send them the receipt. Will it strength or weaken my case or just make me look silly.

 

Dan

[postggj]

well then

 

that changes everything

 

its best to be up front to begin with

 

if the laptop went back and there report states neglect,

then you get a report done that states the opposit

 

i dont care if that report cost a thousend pounds

 

claim back the cost of that report and accept the £328 they offered as well

 

if they refuse

n1 them

 

but you must give them a chance to come to an arangement

 

send in the invoice for that report

 

you have nothing to be ashamed of

[Dan6470]

They are still messing about but a thought has just occurred to me. You recommend taking the money that has been offered and cutting my loses. But since the initial fault has been compounded by their "Technical Support Team" braking the top cover and quite possibly the screen, shouldn't I also be pursuing a claim through their insurance company. I know it's becoming fragmented but hasn't it become two problems, protection under the SoGA and indemnity through their insurance company?

 

The £328 that has been offered is about £100 short of the cost for the replacement System Board that has failed, on top of this would be the associated labour cost. Lets say I go for this and pay the extra out of my own pocket. What happens now with the top cover and screen? They're both probably going to need replacing but this is an insurance problem isn't it?

 

Dan

Edited March 26, 2010 by Dan6470
Typo and clarity

[perplexity]

Where and when did their insurance company get into the picture?

 

A supplier is responsible to a person supplied to. An insurance policy would not remove the responsibility, whatever the terms would be. As a matter of principle, a buyer is not entitled to contract himself out of a right as a consumer, let alone the chance for a contract concluded by somebody else to deprive him.

 

[Dan6470]

Where and when did their insurance company get into the picture?

 

A supplier is responsible to a person supplied to. An insurance policy would not remove the responsibility, whatever the terms would be. As a matter of principle, a buyer is not entitled to contract himself out of a right as a consumer, let alone the chance for a contract concluded by somebody else to deprive him.

 

 

Please ignore my last post. It was just me having thoughts that are confusing the issue.

 

However, what concerns me is that whereas I believe the original fault with the Laptop is covered by the SoGA. What covers the subsequent damage, to the top cover and screen, that was inflicted during the suppliers inspection? Whereas the original fault was probably worth repairing, with the additional damaged, the total repair costs will be higher than the replacement cost of a new laptop. Consequently, should the original fault and the subsequent damage be considered separately?

 

Thank you for your input.

 

Dan

[perplexity]

Does it matter?

 

If your intention is to rescind the contract of sale in order to claim a full refund, it is thus for the supplier to come to collect the goods if he wants them back, which is to suggest that if the goods that he would come to collect are damaged because of his own fault, it serves him right!

 

[Conniff]

Have you sent them a copy of the bill for inspection yet or are you still witholding it?

[Dan6470]

Yes I sent them copy of the invoice .... haven't heard a word since.

 

 

I emailed them again today asking what the position is? Still no response.

 

Guess I will have to leave it until Tuesday now.

 

Dan