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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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I have an issue with an online PC company who I bought a PC

Resolved Question:

I have an issue with an online PC company who I bought a PC from last September the PC is 9 months old and will not start right its a power issue. They will not repair said PC because I did not send a photo of the seal which I placed on the back when I got it it was in the small print? that said do I not have rights under guarantee? I was thinking of sending a standard letter with regards ***** ***** of goods act in the first place than follow that with small claims court I have emails from them today which are almost threatening they will not expect the warranty. With guarantee it is over six months old but you can clearly see I have not broken the seal can you help

Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Why have you only just noticed this please?
Customer: replied 2 years ago.

Hi Jo


 


The PC went wrong yesterday so I reported it to UK gaming today via E-mail and telephone

Expert:  Jo C. replied 2 years ago.
I see.

ARe they UK based or based abroad? Don't give me their address but just tell me if they are UK based?
Customer: replied 2 years ago.

they are uk based and there T& C's are bound by UK law

Expert:  Jo C. replied 2 years ago.
Thanks.

The guarantee might well not be useful here. Usually guarantees are litered with exemptions and escape routes for the offeror.

However, the Sale of Goods Act is in force and they cannot escape from that. You are outside of the first six months of sale and so it will be for you to prove that any fault that does exist existed at the time of sale. At least, of course the specific fault did not or you would not have bought or would have complained earlier but the propensity to fault may have done.

Whether or not they will contest this though depends really on the sum of the claim. If its a very low value claim they will probably just settle. if its a high value one then they may dig their heels in.

Either way though, you only have two choices. Whatever the rights and wrongs of the situation, they will not accept they are liable. Either you write the money off or you sue.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

so should I write with regards ***** ***** of goods act first requesting this matter be sorted than if nothing back go to small claims ?

Expert:  Jo C. replied 2 years ago.
Yes, but i wouldn't bother quoting law.

However brilliantly you argue with them they are not going to agree with you.

Just write to them asking that this be repaired and make clear that in default you will sue.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
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