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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi Please see letter below which refers to a laptop that I

Resolved Question:

Hi
Please see letter below which refers to a laptop that I recently bought my son from Currys/PC. As you will see from below we have had nothing but problems which have now been rectified and I have complained and they have offered me £10 for the inconvenience which I feel is a joke but I do not know where to go from here or if I am expecting too much and should accept the £10. Can you please advice me or tell me the best place to go.
Thank you
Maggie Kelly
To whom it may concern 11 February 2014
I bought my son a Toshiba laptop on the 24 January 2014 from your New Cross branch. Receipt No. 040032 and I paid a total of £438.99 which included an extra £40.00 for the Know How Technician Mr David Tomlin to install the Microsoft package and McFee security. We were told to collect the laptop the next day which we did.
When we opened the laptop we had to go online and activate the Microsoft software package which I tried to do but it would not accept the security details we were given. So we took it back to your New Cross branch on the Sunday 26 January 2014 and saw Mr Michael Webber who had trouble himself activating the package. In the end he had a word with the manager and they agreed that Mr David Tomlin had done something wrong and Mr Webber then got us a new Microsoft package and McFee security and installed it for us, which we were very grateful to him for as we were in that store for nearly four hours waiting for the laptop to be ready. While this was all going on I had a word with the manager and complained and they gave me a credit of £20.00 which my son then went and bought an internet 3 package.
The point is that I feel that we have really been mistreated as my son is married and has two small children and he was supposed to be going out with his family on the 26 January 2014, which is not your problem, but I feel this should be mentioned, but instead we were hanging about in New Cross branch for four hours and his wife was not very happy, in fact this caused a domestic with them.
My son finally got his laptop the next day on the 27 January 2014 and created some word documents at work for work purposes which were very important to him. While he was working with the laptop it froze and the laptop told him to press the refresh button which he did. He then finished work, but when he next turned the laptop on the whole Microsoft and McFee security packages had been erased.
Again, he took the laptop back to New Cross branch on the 1 February 2014 and was told that he had done nothing wrong and that there was obviously a problem with this particular laptop as it was a display one, at the time of the sale I did say will there be a problem with this particular laptop as it was an ex display model and was informed “no problem” what a load of old rubbish that statement was. My son was informed that they felt when Mr David Tomlin had installed Microsoft and McFee packages he forgot to delete these packages that were already installed for demonstration packages for customers to try when a customer is in the shop and trying out a computer.
My son went back to New Cross branch on the 2 February 2014 to collect his laptop and was informed that there is a problem with this particular laptop, my son was informed that the demo was acting as a virus and he then had to go back the next day on the 3 February 2014 to pick up a new one (receipt No. 040032), which they then provided a Asus laptop, which was the same price.
I feel that we are entitled to compensation due to the time and trouble we have taken going back and forth to New Cross plus of course the inconvenience, so I would like to know what you intend to do, or else I will be taking this further either to Trading Standards or somewhere else as I do know my rights. I feel that we have been treated very badly and will not want to shop with your organisation again unless I get some sort of compensation.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do I understand correctly that you paid for the laptop in question please but this was a gift for your son?

Joshua :

How many times in total between you and your son have you had to return to the store? Is it far to drive?

Joshua :

Have you incurred any other expense or loss other than travelling to the store in returning?

Customer:

Hi Joshua

Customer:

Yes I paid for the laptop which was a gift for my son.

Customer:

Between us we visited the store 5 times to try and resolve the matter.

Customer:

No I have not incurred any other expenses but just feel that I am entitled to compensation due to their faulty goods.

Customer:

Thank you

Customer:

Maggie Kelly

Joshua :

Thanks. The position here is that you have two differing sets of rights. The first set of rights you have against the manufacturer under the warranty and these rights are somewhat limited insofar as that they are limited to the terms of the warranty which are rarely generous. You have a another set of rights by virtue of your contract with retailer from whom you purchased the laptop. This set of rights are much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act. The laptop must be satisfactory quality, fit for purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage under the provision of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.

Joshua :

In terms of the actual defects from what you say these have now been rectified leaving the only issue as to whether you can claim monies for your inconvenience.

Joshua :

Because you have a contract with the retailer that was breached by their failure to supply goods that comply with the requirements of the Sale of Goods Act it follows that you can claim damages for qualifying losses you suffer as a result. The courts are very reluctant to award damages for wasted time in and of itself. The courts will however readily award damages for expenses and lost income as a consequence of the breach.

Customer:

so basically I have to argue with Currys/PC and try and get more money or just accept the £10 that has been offered, is this correct.

Customer:

Thank you

Joshua :

Accordingly you could contemplate a claim for your travel costs to and from the store. You could consider the Revenue's rate of 45p/mile in this respect. In addition if you can show that you have lost income - e.g. had to miss work to attend the store you could consider a claim for this too. In terms of inconvenience and wasted time this is more difficult. If you can point to conduct of the retailer which was avoidable on their part which has directly led to inconvenience and distress on your part it is possible to sometimes persuade a judge to award some measure of compensation but the amounts involved where granted tend to be very limited.

Joshua :

Accordingly you could certainly consider an increased claim based on your mileage and travel expenses which may add up depending upon how many miles the store is away. You could consider attempting a small claim for the inconvenience if you can point to the scale of inconvenience suffered providing your expectations are not significant in this respect.

Customer:

thank you, XXXXX XXXXX not a lot that I can do unless I want to pay a lot of money which I cannot afford as I am retired, so it looks as thought I will have to accept the £10 compensation

Joshua :

If the total of the above results in a claim of any substance you consider a letter to their head office addressed to their complaints department averring a breach of contract on their part and demanding a sum of £x (including a breakdown of your calculation) requesting their cheque within 10 days failing which you will consider small claims proceedings against them

Customer:

thankyou

Joshua :

If your claim is relatively limited, many larger companies will consider paying out if you issue proceedings because the cost of defending the claim (which they cannot recover even if successful) for the company will eclipse any demand you make though this is not a universal truth.

Joshua :

If you decide to issue proceedings the easiest way to do so is by using www.moneyclaim.gov.uk.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

no thankyou, I will write to head office to see what I can get out of them, but thankyou anyway

Joshua :

A pleasure. Good luck with your claim. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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