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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45373
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Got a PC through my workplace on a staff technology scheme.

Customer Question

Got a PC through my workplace on a staff technology scheme. It has died within 2.5 years and my workplace is refusing liability
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What were the terms of the scheme, did it provide any warranty?
Customer: replied 9 months ago.
Standard terms of contract warranty offered for 2 years until the end of payment and my PC died as soon as the payment was done. They are offering a £200 stipend without liability but Apple is saying its £300 to repair
Expert:  Ben Jones replied 9 months ago.
Did you buy the PC from your employer directly, rather than them giving you the money to go and buy it yourself from the retailer?
Customer: replied 9 months ago.
It was a staff technology scheme whereby we paid through our salary for two years so the contract started in August 2013 with the salary sacrifice coming out monthly at £63.05 for two years. They arranged the purchase of the computer through a third party but my contract is with my workplace. Please see contract for a better understanding. My contention with them is that they just say they will contribute £200 by word of mouth towards repairs and that they are not accepting any liability. Basically the third party they have purchased from is no longer in business and the PC literally died. The company who does the repairs simply said it is not economically viable to repair after holding my PC for 4 months now it is returned damaged that is the apple sign looks like someone stepped on it and the PC is still dead. What recourse do I have with my workplace whom I had the contract with in the first place and not all these little side companies who keeps fobbing me off.
Expert:  Ben Jones replied 9 months ago.
In the circumstances your rights will be against the employer because legally they would be the seller. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. So it is for you to show that the faults were as a result of a defect or were there at time of sale, rather than something which was not linked to these. As you appear to be too late to reject the goods, you can still try and resolve this by contacting the employer and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to seek compensation for your losses. This is your basic legal position. I have more detailed advice for you in terms of the steps you can take to try and pursue them for compensation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 9 months ago.
I had a meeting with what was supposed to be a mediation between me and the person who set up the scheme. However I only saw the mediator who asked me my position and I stated the problem then she was getting all defensive when I said I dont want to have to take the council to court. So I asked where is the person whom I should have the meeting that's when she revealed she is the main person who set up the scheme. She then said that they are willing to offer me a £200 towards repairs but in the meantime I had sent it to the company who they let supply the product for repair. They had it since December and said it was not economically viable to repair so I request it to be sent back to me. When it arrived the apple logo was damaged and some screws missing. I have taken photo and contacted the company so I am awaiting reply from them.In the interim I am thinking of booking it in to Apple to fix and send the bill to my workplace because Apple quoted me initial price of £300 to fix it and I havent gone back to my workplace yet because I am so crossed with them. Can you assist me in the steps to take now because I have reached the point where I dont want any word of mouth meeting with this person but emails from now on because she seems too devious. I did issue a letter before claim when they kept fobbing me off and hence the meeting last month and the meagre offer.
Expert:  Ben Jones replied 9 months ago.
If you mean the next steps if you were to conduct the repairs via Apple and then pursue the employer for these costs, then yes U can outline these for you. Please leave your rating for the advice so far please and then I can continue with more detailed steps as required, thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45373
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Yes
Expert:  Ben Jones replied 9 months ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 9 months ago.
Thank you
Expert:  Ben Jones replied 9 months ago.
You are welcome, all the best

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