Servers direct refusing to repair laptop

[jetblast]

Got a phone call from them to my voicemail today asking me to phone them [buy it direct;servers direct] up... If they decide to go ahead and give in to my demands and settle out of court, can I charge them the £60 I paid to file a claim?

[Conniff]

Yes, any out of court settlement must include any fees paid out up to date of settlement.

[jetblast]

Ok, I just got a phone call with them agreeing to the repair and reimbursement of the £15 and initially the £60 court fee, however they have reversed the decision on the court fee. I'm kinda confused whether my £60 will be refunded from the courts as it hasnt gone to a hearing (and how do I do that) or whether they pay up? Over here it does state at the end the court fee will be refunded if it doesn't go to a hearing, however not sure where to process this refund from

 

edit: also over here it states the percentage of refund. Just wondering, as they agreed to settle out of court before I have replied to their counter claim, does that mean I'll get 100% of it back as there is no date set?

[jetblast]

Any reply is appreciated as I need to have the laptop ready for collection tomorrow

[jetblast]

Yes, any out of court settlement must include any fees paid out up to date of settlement.

 

Is there anywhere I can reference this from to show them?

[Conniff]

You tell them that if they don't include the court fees you have already paid out, then the case will go ahead.

[jetblast]

You tell them that if they don't include the court fees you have already paid out, then the case will go ahead.

 

But won't that show the judge that I haven't tried hard enough to settle if it goes that way? Also, for the time being should I send the laptop tomorrow as they are collecting it then

[Conniff]

No, if he wont pay what is due, then there can be no compromise unless you are willing to forgo that fee.

 

email him today, now.

[jetblast]

No, if he wont pay what is due, then there can be no compromise unless you are willing to forgo that fee.

 

email him today, now.

I've sent the email ; Just to confirm your talking about not sending the laptop?

[Conniff]

That was in response to what a judge might think. Wait to see what he comes back with first.

[jetblast]

That was in response to what a judge might think. Wait to see what he comes back with first.

 

Excellent, thank you!

[jetblast]

Just got off the phone to them and she has counter proposed £20 towards the court fees otherwise it'll go to mediation. Not really sure what to do... She kept going on about how they are under no obligation to provide the collection service or this and that and kept banging on about how my terms only apply when it's under 6 months after purchase.

 

I really think they should learn about SOGA

 

Also I'm going to be telling them that I expect the repair to be under the same guarantee a any others and last for at least a year. Can I demand this under law?

[jetblast]

That was in response to what a judge might think. Wait to see what he comes back with first.

 

Also I'm going to be telling them that I expect the repair to be under the same guarantee a any others and last for at least a year. Can I demand this under law?

[jfhall82]

The fact is that they are only now doing ANYTHING as a result of the action. I wouldn't back down one bit - the law is on your side. I wouldn't settle for less than an admission of liability (as opposed to a good will gesture which will be the next carrot they dangle). Sounds like the penny may have dropped at their end.

[jetblast]

The fact is that they are only now doing ANYTHING as a result of the action. I wouldn't back down one bit - the law is on your side. I wouldn't settle for less than an admission of liability (as opposed to a good will gesture which will be the next carrot they dangle). Sounds like the penny may have dropped at their end.

 

Honestly its a pretty interesting carrot they have dangled. I will go further if I didn't have exams coming up, but I think I'll take their offer of the £15 for the report, £20 for court charge and repair. I just need to know whether the repair will have to have some sort of guarantee; I don't want to get a repaired laptop back only for the replaced part to fail a week after leaving me with nothing

[jfhall82]

Seriously my advise is not to let these fools leave you out of pocket... they have mucked you about from pillar to post. You won't need any guarantee with the repair as it'll still be covered by SOGA - in fact if it arises again you will have an even stronger case for an inherent fault.

 

I would be holding out for a full refund now. Any remedy under SOGA needs to be resolved within a timely manner and without causing considerable inconvenience to the buyer. They failed miserably at both of these.

 

There offer will only get better and better - let them sweat for a good while yet. and only if you a re fully satisfied

[Conniff]

The repair will be covered by your statutory rights of 'satisfactory quality'. A laptop is expected to last longer than 12 months.

 

 

Edited to add in response to jfhall, I believe the op has student work to do so can't hang out indefinitely.

 

 

What you say is good but only if you have time on your side.

[jetblast]

The repair will be covered by your statutory rights of 'satisfactory quality'. A laptop is expected to last longer than 12 months.

 

 

Edited to add in response to jfhall, I believe the op has student work to do so can't hang out indefinitely.

 

 

What you say is good but only if you have time on your side.

 

I cannot thank everyone enough (Thanks Conniff for the PM reply as well)! I shall be definitely donating a small amount (just wish I could donate more )

 

I've just sent this to them. I didn't mention the problems with the wifi before, however I had told Lenovo before and I am assuming it will be fixed with a new motherboard anyway, but still am holding it against them:

 

Hello,

 

Following on, I have decided to accept the following offer you have proposed:

 

Repair of the laptop to the same standard as before it failed with similar (or a better if not available)

Payment of £15 towards the engineers report

Part payment of the £60 court fees, currently agreed to be at £20

I will expect the standard of repair to be of quality and last a reasonable amount of time

 

I have included the main issue the laptop has and have a copy of the issues it has within the box, however I will list them down here again and expect them to be resolved by the repair:

 

Failure to switch on under normal expected use

 

Previous issues:

 

Wifi was intermittent and failed occasionally with the following symptoms:

Connection works fine

Connected but connection intermittently connected and disconnected

Adapter failed to find any signals at all even when beside the router and numerous restarts

 

I have tested these scenarios at 3 different and separate locations and networks, however all three symptoms persisted. As advise by Lenovo support 2 months before the laptop failed, I re-installed windows, however had insufficient time before warranty ran out to test whether the problem still persists in order to contact them for a repair as they were very random failures.

However I hope for both of us the issue is resolved on replacement of the motherboard as advise by the engineers report.

 

(I gotta admit that the engineers report didn't say to replace it, but that it has a intermittent fault, which I assume to be replace anyway?)

 

Shall I drop the case now or wait till its repaired? is there anyway to keep it on hold or if I say its being settled and something happens which isn't as per the agreement, can I reopen or do i have to restart another one?

[jfhall82]

I'd keep it open - that hanging over them will be motivation to get it done quickly or for them to write it off. Make sure they pay for all shipping etc. My worry is if you drop the case they will be back to mucking you about - I'd make it clear that you want a working laptop within 10 days.

[jetblast]

Hello,

 

Following on, I have decided to accept the following offer you have proposed:

 

Repair of the laptop to the same standard as before it failed with similar (or a better if not available)

Payment of £15 towards the engineers report

Part payment of the £60 court fees, currently agreed to be at £20

I will expect the standard of repair to be of quality and last a reasonable amount of time. I will also expect the repair to not take as long as to inconvenience me (~20 working days)

 

I have included the main issue the laptop has and have a copy of the issues it has within the box, however I will list them down here again and expect them to be resolved by the repair:

 

Failure to switch on under normal expected use

 

Previous issues:

 

Wifi was intermittent and failed occasionally with the following symptoms:

Connection works fine

Connected but connection intermittently connected and disconnected

Adapter failed to find any signals at all even when beside the router and numerous restarts

 

I have tested these scenarios at 3 different and separate locations and networks, however all three symptoms persisted. As advised by Lenovo support 2 months before the laptop failed, I re-installed windows, however had insufficient time before warranty ran out to test whether the problem still persists in order to contact them for a repair as they were very random failures.

 

However I hope for both of us the issue is resolved on replacement of the motherboard as advise by the engineers report. I will drop the court claim once I am satisfied with the repair.

 

Thank you

 

where can I extend the time period I have left to reply for a claimant? Is it ok that I've said that the motherboard should be replaced as in the engineers report when it doesn't specifically state that?

[Conniff]

If you can, don't forget to backup any data you must keep.

[jetblast]

Hello All

Quick update,

 

They took in the laptop and

 

after a few months have found it difficult/impossible to source a replacement motherboard.

 

They have now decided that they will replace the laptop with another similar model.

 

Now the model is a little better than my previous one however it is opened but unused.

 

They are telling me as it is opened it only has a 90 day warranty,

however I don't buy it.

 

In the previous email they said that I should make my mind up quickly as it is the last one in stock

(and a screenshot showing the computer model and that its out of stock).

 

What options do I have?

 

I'm not happy at all they want to force this onto me and would prefer to have an unopened laptop with a years warranty than one with only 90 days and opened.

[Conniff]

I'm sure it must have been mentioned before, warranty means nothing, consumer legislation is what takes priority.

[jetblast]

I'm sure it must have been mentioned before, warranty means nothing, consumer legislation is what takes priority.

 

I'm just trying to not go through this long winded process again. Will the opened but unused laptop have the same SOGA rules as a new laptop?

[Conniff]

Yes, it is a different item not a repaired one so will have the same 'rules' as any other new item.