James Ashburner wrote:
>>
>>
> I would start with reminding HP that under UK law (specifically the Sale
> of Goods Act) they are obliged to repair an item within a time that you
> can "reasonably expect it to last". However, it's actually the sellers
> responsibility to deal with this, not the manufacturer. In the case of a
> laptop, I don't think it's unreasonable to expect it to work for more
> than 13 months.
>
> James
More specifically:
http://www.opsi.gov.uk/acts/acts1994/ukpga_19940035_en_1#pb1-l1g1
nb: the above amends 1979 c.54/Sale of Goods Act s.14, which is where
the meat is at. I don't know if it's possible, but you should see if
they have tried exclude the above in their contract with you; take legal
advice from the CAB (who will have a cheat sheet on this subject) as to
whether or not that is a lawful term (i.e. would be upheld). If they
give you no joy sue via small claims court for the whole cost of the
laptop; which may well get them then very reasonable about repairing,
but if you can win in court, you can use the whole cost of the laptop
recovered to repair the one you bought yourself, and keep the diff. ;)
Do not hesitate to sue them if they mess you about; they cannot recover
their costs (nor can you so DIY) in a small claims court, and it will
not be pushed up into a higher court for these sums. KISS: only sue
for money, not repair/replacement, thus keeping it a solely money claim
for a fixed sum; thus you can start and manage the court case online
yourself via moneyclaim.gov.uk, and note the case if to reach hearing
will be transferred to your local court, even though you are the
plaintiff, if I remember (I may not) correctly, this last point, as you
are an individual and they are a company.
In any event, if you think 'but I don't want to have to take a day off
to go to court', think about suing anyway, and simply submitting
paperwork, along with a letter, or sworn statement (done at your nearest
solicitor in five minutes). Proof of purchase (by you) and proof the
laptop stopped working (by oral or written report from you or an
'expert', may well do the trick; no attendance necessary. For a lappy,
you might be lucky at already be under the minimum fee, which used to be
£16.00 I think; so that's all you would risk going this route. :)
Most likely a calculator type-gizmo on moneyclaim by now. ;)
Best,
LL
