My laptop stolen from a repair shop. They deny it. What to do next?

frobisher

Possibly more a consumer issue than a legal one but I'm wondering what legal avenue I need to step down next. No particulars mentioned.

I brought a laptop into a shop to be repaired, while there they said it fell under warranty and gave me the phone to call the manufacturer. After some diagnostics the manufacturers tech on the phone said that drive would need to be formated. Ouch. So the shop said they might be able to fix it and retrieve my files, cost €100. I agreed. When I came back the next day to pick it up they said it wasn't ready, come back again in 3 days. When I did go back in I got back home and DOH, all I had done was take the drive home without the laptop. So I ring them explain the mistake and that I'll come by tomorrow. They say they don't have it. They claim that I took the PC home on day one. I know that I didn't. They said they have CCTV so I report it to the police confident that it will show on the CCTV. The Garda came back saying that there is no CCTV and therefore they can do nothing.

Here's what I think happened: While in the shop I dealt with one guy who removed my hard drive from my computer, after a while I was switched over to another guy who was going to deal with the retrieval and the other guy whent off for lunch or something. I reckon that between the changeover the laptop was forgotten about, each thinking the other had it, or perhaps thinking nothing. I leave thinking it's all under control. Their claim that I took the laptop is wrong. Even the next day I came in with an empty laptop bag so I could bring it home. I also wouldn't exactly be confident enough with putting a hard drive into a laptop to entrust myself to do it over someone I'm actually paying. I'm going to go into them tomorrow and have a chat but they haven't exactly been responsive. What if they try and ignore me or fob me off or drag it out? Is this something for the small claims court? How would a judge make a decision when there's no CCTV?

UrbanFox

A judge would decide which side's account is more likely to be correct on the balance of probabilities.

Absence of CCTV evidence is not necessarily fatal to your case.

The onus of proof is on you as the plaintiff to make your case.

Try the Smalls Claims Court.....

Fey!

When you dropped it in, did you get a receipt for it? And did you sign for it when hou got the HD back?

BostonB

There no proof of anything is there? No reciept no bill of repair, no evidence of any kind.

walshb

Mate, in this situation you need Judge Judy. That''s being serious with you.
Ireland needs courts with more Judge Judy's. She hears both sides and susses who's honest and who's telling porkies

Our man in Havana

You must be thinking of Portlaoise district court.

frobisher

I cannot believe what just happened. After 7 weeks of them swearing blind that they don't have it and me giving them the serial numbers from the start they turn around and say they just found it, that they were looking for the wrong serial number. Even though they also said that they didn't have that model PC in the shop, no matter what the serial number. They even said they would swear in court that they gave it too me. Liars! So I go into get it....guess what....it's broken. They've broken it. This has been the worst customer service I've ever encountered!

BostonB

Do you have anything in writing claiming they never had it?

the_syco

frobisher wrote:

I cannot believe what just happened. After 7 weeks of them swearing blind that they don't have it and me giving them the serial numbers from the start they turn around and say they just found it, that they were looking for the wrong serial number. Even though they also said that they didn't have that model PC in the shop, no matter what the serial number. They even said they would swear in court that they gave it too me. Liars! So I go into get it....guess what....it's broken. They've broken it. This has been the worst customer service I've ever encountered!

A few things:

Odd query, but ring up your manufacture, and see did they have your notebook in for repair (give them the serial number). Why? To see if thats where it was for the last 7 weeks.

Check with the old bill, and see what the guys said when they went in. Remember: the shop claims that they had CCTV until the plod came into the picture.

Also check if you see any of the black half-balls on the ceiling that would contain the CCTV camera's. If there is, try to get your solictor to get the tapes.

Finally, what is broken in it? The LCD screen can cost €245 to €445 to replace if its not covered under your warranty.

Small claims court ftw, imo.

frobisher

the_syco wrote:

A few things:

Odd query, but ring up your manufacture, and see did they have your notebook in for repair (give them the serial number). Why? To see if thats where it was for the last 7 weeks.

Check with the old bill, and see what the guys said when they went in. Remember: the shop claims that they had CCTV until the plod came into the picture.

Also check if you see any of the black half-balls on the ceiling that would contain the CCTV camera's. If there is, try to get your solictor to get the tapes.

Finally, what is broken in it? The LCD screen can cost €245 to €445 to replace if its not covered under your warranty.

Small claims court ftw, imo.

Well they've agreed to replace the laptop with a new one so I think I'm going to leave it all there. But to be really honest that little extra isn't worth anywhere near the amount of unbelievable hassle and stress this has been, them resisting so strongly and lying to me, never mind not having my laptop for 7 weeks. And they seem to not give a damn. Alot of my friends were almost convincing me that maybe I'd lost it myself but I knew. It goes to show you!

the_syco

frobisher wrote:

that little extra isn't worth anywhere near the amount of unbelievable hassle and stress this has been

Get it in writing that they'll replace it with a new one (shows that they admit to breaking it), and talk to your solicitor about cleaning the f*ckers out.

BostonB

frobisher wrote:

Well they've agreed to replace the laptop with a new one so I think I'm going to leave it all there. But to be really honest that little extra isn't worth anywhere near the amount of unbelievable hassle and stress this has been, them resisting so strongly and lying to me, never mind not having my laptop for 7 weeks. And they seem to not give a damn. Alot of my friends were almost convincing me that maybe I'd lost it myself but I knew. It goes to show you!

I'd get it all in writing. Its not acceptable if the laptop hadn't turned up that you'd have been left out of pocket of a laptop!