Filed Claim With Small Claims court for Laptop

RJvans

New Member
Jun 2, 2012
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Hi All.

My first post here, so I hope all is in order. This is a bit of a lengthy one, and I have much more details of all calls, emails and letters if required,

I bought a laptop online from a company we will refer to as "Company A" on 28th March 2012 via a 4 easy payment option. - It was delivered 2nd April 2012.

I was having issues with the laptop and called "Company A" on 29th April 2012.

They refered me to the manufacturer, who advised there is a fault, and advised my best route to go was throught the retailer.

I called "Company A" back on 30th April 2012, and was told that due to the device being faulty, I could return the item for a refund or replacement, however they had no alternate stock. Therefore they advised they could arrange a repair. I advised I had lost faith in the product, and would like a refund. "Company A" stated that it is understandable and to fill the returns form in, marking it for a refund. All seemed good. I did as told, and they collected the laptop from my home address on 2nd May 2012. By This point they had taken their first two of four payments, totalling £308.00

On 7th May I called and was advised the return is being processed and I should have a refund within 10 calendar days - and no further payments would be taken. I then went to a local store and bought a replacement laptop in good faith of a refund as mine had been returned.

I lost my bank card later that week, and cancelled it, as a result I called "Company A" and advised them of this on 11th May 2012, to give them the new card to issue a refund to. I was then advised they had decided to send it of for a repair, without any prior communication.

I wrote them several emails and had no response other than "Head office are looking into this. I advised them if I didnt have the agreed refund by 22nd May I would proceed with a court claim. Again I had no response. On 22nd May 2012, Due to no response, I wrote to them via recorded first class post offering an extension to the resolution upto 31st May 2012. Advising I would definately proceed with court action if the agreed refund wasnt made.

So on 31st May 2012, I called "Company A" again, being nothing but polite in all ommunications, and they asked for a further 10 days. I told them this was unnaceptable, they had the laptop back for over 4 weeks, (basically longer than I had it in my possession.

I called trading standards and opened a claim via the money claim website paying £35 for a £308 claim. Which would obviously be recoverable.

Today 2nd June, I received an email from them advising the issue has been resolved and the repaired laptop has been posted back to me.



Where do I stand with this? I bought a replacement in good faith that they was going to issue a refund as agreed, I filled in the returns form advising I would like a refund as advised, and enclosed a handwritten letter(as the laptop was unusable), advising of the issues, and requesting a date to expect a refund by.

I have opened a court claim as they had the laptop back so long and didnt issue a refund. My partner is registered disabled and does all our food shopping online amoungst other things, and thus we needed a laptop quickly. If they advised a repair was my only option, I would of taken it to a specialist and waited for a repair, to ensure we wouldnt be without a laptop for a period of more than 7 days.

What will happen if I reject delivery of the repaired laptop? and where would I stand with the small claims court? "Company A" is advising their responsibilty as a seller is to provide a repair, replacement or refund, and that they have fullfilled this requirement now. However I felt the decision was not down to the seller and that it had to be an ammicable decision, and if a repair was carried out, it should be done in a reasonable time, not to cause inconvenience. - To date I have been without that laptop 5 weeks - and could not of carried on with daily life without it for that period.


Please advise what I should do from here, and more importantly in reference to the rejection of delivery of the repaired product.


Kindest Regards


R J Evans