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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.
Do I understand correctly that you paid for the laptop in question please but this was a gift for your son?
How many times in total between you and your son have you had to return to the store? Is it far to drive?
Have you incurred any other expense or loss other than travelling to the store in returning?
Yes I paid for the laptop which was a gift for my son.
Between us we visited the store 5 times to try and resolve the matter.
No I have not incurred any other expenses but just feel that I am entitled to compensation due to their faulty goods.
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.
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.
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.
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.
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.
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.
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
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
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.
If you decide to issue proceedings the easiest way to do so is by using www.moneyclaim.gov.uk.
Is there anything above I can clarify for you any further?
no thankyou, I will write to head office to see what I can get out of them, but thankyou anyway
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.
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