Warranty On Damaged Laptop

[gobofraggle]

Hi im after picking someones brain on laptops/law , i have just bought a Samgsung R20 laptop hubster registered it and put a few things on there for me and when i went to use it for the second time i turned it on and i couldnt see the screen as there was a thick black ink line in the middle of it, the screen is cracked on the inside of it, i bought it from my catalogue Choice and i rang them and they told me it was Samgsung i had to get hold of so i rang them and they told me it was Choice i had to get hold of so i rang Choice and they are trying to say that it is Samsung that has to replace and Samsung said that they wouldnt replace it they would send me a reconditioned one well i told them that whoever bought a reconditioned laptop out would have it shoved up there butt and they have told me that Choice have to replace it as it under warranty for 12 months from them so i rang Choice back up and yep i lost it BIG TIME i told them if they dont pick the dam thing up i would sell it and send them what ever monies i got for it lol and they can go f*** themselves for the money and take me to court for it can anyone please tell me my rights on this please as im soooo confused and bloody angry thanks ever sooo much for reading my essay Jennie xxxxx

[voltr4m4x]

The first and most important question I need to ask of you is this:

Who did you register the product with ? Was it the seller (Choice) ? Or was it the manufacturer (Samsung) ? Is the laptop to which you refer a new one, or is it reconditioned ?

Secondly, have you retained a copy of the written Guarantee ? If so, read the small print. Is there there slightest doubt as to how the defect occurred ? If you are absolutely satisfied and confident that the laptop is a new model, previously unused, and that the defect has occurred at the manufacturing process then your claim under your statutory rights is against SAMSUNG.

If the laptop is a reconditioned one, previously used, then you are highly unlikely to have any form of written Gurarantee of any worth in law, and you would need to rely entirely on the goodwill of the seller (CHOICE).

[gobofraggle]

Thanks Voltr4m4x
Ok to answer ure questions, i registered it with Samsung, its a brand new laptop, as for the guarantee u get 1 year warranty with the Catalogue i dont think i have a written one u dont usually get them when u order goods from a catalogue, its covered under there guarantee but Samsung are quite adamant its Choice that has to replace the laptop not theirs. ( I read the small print in the catalogue and it says that anything damaged (within the year) they will replace) i took out an extra 2 yr cover insurance and Samsung said thats doesnt kick in for a year as it coverd with the catalogue so what the hell is going on ?? im getting really fed up with it to be honest as neither has got back to me on picking up the laptop and theres NO WAY im paying 800 quid for a laptop thats broken they can take me to court thanks Jennie x x x

[voltr4m4x]

Yes, you have a case against the seller.

My advice now is that you visit your local Citizens' Advice Bureau, or Law Centre (if there is one situated in the town in which you live) - their advice is provided free of charge, and a representative may even act on your behalf if you are unable to afford a Solicitor (but this is not always the case with every Citizens' Advice Bureax). However, at this point you will be able to receive qualified advice on how to go about making your claim.

Your claim will be made under the Sale & Supply of Goods Act, 1982, as amended, but a Solicitor will advise you on this.

Go for it ! Good Luck !

[voltr4m4x]

Jennie....

I forgot to ask you just now... Have you paid the full price for the laptop yet, or are you buying it by means of weekly/monthly payments ? If you have already paid the full purchase price for it then go for it as I have described to you above. Otherwise, if you are making weekly/monthly payments then cease the contract and tell the seller (CHOICE) why you are doing it.

[gobofraggle]

thanks again for your answers voltr4m4x, its monthly payments not due to start till may 09 so no money paid out yet. i have been in touch with choice again,and i told them i had obtained legal advice,and they are now supposedly arranging for it to be picked up. i have also told them that there is no way i am paying for faulty goods,so for now i`ll just have to wait for the next step.thanks again for your help and advice.

[gobofraggle]

whooo hooo thanks for your advice voltr4m4x laptop was picked up yesterday morning lucky i was in as i never had any notification they were picking it up,but at least it`s now gone,must have been all the threats of civil action i made lol,many thanks once again