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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have sent a computer to be repaired. broken hard drive. Computer

Resolved Question:

I have sent a computer to be repaired. broken hard drive. Computer damaged in transit. [wrapped in 6 inches of bubble wrap, so it must have been dropped] Computer firm will not accept responsibility or in fact do anything . I have spoken to them on 3 occasions, emailed them on 3 occasions and sent two recorded delivery letters asking them to resolve the matter.
I have had no reply to the letters or emails and I've been told [by the repair company] that the courier company UPS still has the broken computer .
Computer was sent on the 5th of February. Ive had to buy a new computer, cost £1500. The old computer is worth about 600. Im at a bit of a loss, is small claims my only option? what do I claim for? Cost of computer. If I make a claim for £600 I suspect they would send the broken computer back, then my claim would be invalid.
Having looked into the repair company a bit further they have a terrible online reputation, will that count against them if it goes to court?
Yours sincerely
Adrian Peacock
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Sorry but what you've told me I have already got from CAB, I have already sent a letter, [did you read my question?] Im after advice about what to claim for. Please refer to my question. My computer is worth about 600, it has been damaged in transit. The courier company they supplied damaged it but the computer repair company refuse any liability. They also won't answer any queries. what can I claim for?

Alex Watts :

They have failed to act with all reasonable skill and care pursuant to section 13 of the sale and supply of goods act 1982

Alex Watts :

If you can show they have a bad reputation and you submit that in evidence yes it can be used.

Alex Watts :

If you do not use that as submitted in evidence then you can not use it

Customer:

are you still there

Alex Watts :

I am yes.

Alex Watts :

You rated bad service?

Alex Watts :

The system shows I am offline when I go to a different screen

Customer:

Thats unclear, I thought you had disappeared . what you've told me is on the CAB site. Im asking what I can claim for if I have to make a small claim. At the moment they have my computer and show no signs of returning it, broken or fixed. So do I claim for the value of my computer.

Alex Watts :

Yes you can claim for that.

Alex Watts :

That is your loss

Alex Watts :

They have your computer.

Alex Watts :

It does not work.

Alex Watts :

You have tried to contact them without any success

Alex Watts :

So you can get another computer of the same spec

Customer:

the replacement cost more than double the value of the broken one. Do I claim for the value of broken one or the replacement?

Alex Watts :

Value of the broken one, because that is your loss.

Alex Watts :

Your loss is that computer

Alex Watts :

In any event a Court wont allow you a new computer to replace an old one.

Alex Watts :

It would only give you the used value anyway as you would be unjustly enriched.

Customer:

Ok, last question, if the small claim court papers makes them act and they send back the broken computer am I able to continue with my claim?

Alex Watts :

Yes assuming they haven't fixed it.

Alex Watts :

You can claim for the fix plus compensation

Alex Watts :

Does that help?

Customer:

Yes thanks, ***** ***** on better than bad! thanks

Ash and 2 other Law Specialists are ready to help you