Laptop Dispute

mirwillbeback

Bought a laptop on six month hire purchase agreement.
Two months in, the laptop wouldn't turn on. Brought it to a computer repair shop who said it was faulty motherboard - as it was a new machine they suggested I send it back as still under warranty.
Went back to store who said they would need to send back to Samsung.
Last week I got advised they say it was water damage even though I cannot recall any spillage. Cost to repair is 330 euro but I said just to send me machine back and I'll try get it fixed cheaper.
Now they want 110 euro just to send my property back. Is this legal?
I was not advised of any possible charges when I left in for repair.
Small claims case at all?

foggy_lad

First thing you need is some official report from Samsung that this is water damage, has the laptop been sent to Samsung or just some dodgy repair crowd by the shop you bought it from?

Also it is up to the shop to return your laptop to you as you gave it to them and your contract of sale is with them. They can not make you deal with any repair company! They can't charge you for repair they have not carried out and can't keep your property for monies you do not owe!

davo10

Foggy I think you would be correct if the fault lay with the machine and was not fit for purpose. In this case they are saying OP caused the problem so it is a different matter. I know that when I damaged my Samsung phone a few months ago they sent it back to me with a summary of the problem and a photo of the inside showing me the area of water damage.

They are not charging for a repair, they are charging for the time taken to open and test the laptop, also the courier costs on something that is not covered under warranty nor consumer rights.

Op the crux of this will lie with whether or not it is water damaged and therefore whether you or the retailer is responsible for repair. If you bring it to an independent repair shop for an opinion you will be charged again.

ch750536

I think a key issue here may be were you notified that you would be charged if the damage was found to be due to misuse? If not then you may have a case to get the item back with an agreed nominal fee.
I second the above, there should be a report from Samsung on this. If you are paying money this report is what you are buying. Make sure you get a copy.
Is there any chance the original shop would put in writing that there was no water damage when they took a look? If so the damage may have happened in transit which is not your issue.
A complex one but a few 'outs' there.

davo10

If damage was due to misuse I think a charge should be expected. Op must establish the cause of the problem.

foggy_lad

davo10 wrote: »

If damage was due to misuse I think a charge should be expected. Op must establish the cause of the problem.

The retailer must establish the cause of the fault.

davo10

The retailer/manufacturer has, water damage. If OP disputes this, he/she must establish the fault.

foggy_lad

davo10 wrote: »

The retailer/manufacturer has, water damage. If OP disputes this, he/she must establish the fault.

Has the report been furnished? if they don't prove it they could say it was customer damage just to get themselves some handy repair work.

davo10

Foggy you are right, op can you get the retailer to fax or forward an email copy of the report to you. Foggy he is unlikely to receive the laptop back without paying the fee though.

foggy_lad

davo10 wrote: »

Foggy you are right, op can you get the retailer to fax or forward an email copy of the report to you. Foggy he is unlikely to receive the laptop back without paying the fee though.

The retailer cant legally keep the op's property!

davo10

Nor do they have to return it until they are paid. They are not keeping it, it will be returned when the fee is paid for examining a problem which they claim was caused by the op.

Foggy if the laptop is returned to the op who then brings it to a repair shop who then confirms yes it is water damage, would the op then send on a cheque to Samsung for the amount owing?, would you run a business like that?

foggy_lad

davo10 wrote: »

Nor do they have to return it until they are paid. They are not keeping it, it will be returned when the fee is paid for examining a problem which they claim was caused by the op.

Foggy if the laptop is returned to the op who then brings it to a repair shop who then confirms yes it is water damage, would the op then send on a cheque to Samsung for the amount owing?, would you run a business like that?

did they tell the op there would be any charge for examining the laptop? if they did not they must return the property or they have stolen it!

davo10

Did the op tell them exactly what was was wrong with it and what the cause was?, no this could only be deduced by examining it, put simply they say op is at fault so op pays, there was no way of assessing liability nor cost until it was examined so they could not give quotation of cost. He who is at fault pays as with all things in life.

foggy_lad

davo10 wrote: »

Did the op tell them exactly what was was wrong with it and what the cause was?, no this could only be deduced by examining it, put simply they say op is at fault so op pays, there was no way of assessing liability nor cost until it was examined so they could not give quotation of cost. He who is at fault pays as with all things in life.

it is pointless discussing this further as you don't seem to understand that consumers have statutory rights.

davo10

Which apply when there is a fault/merchandise is not fit for purpose. In this case they maintain the damage was caused by the op, therefore the repair/refund/replacement consumer rights do not apply. Which statutory rights are you referring to?

foggy_lad

Op you should try to get a statement from the place you brought the laptop who said it was a faulty motherboard as this would most likely be covered by your statutory rights! you also need to get a report from the retailer stating the customer damage they are claiming and then you counter-claim and head off to have the laptop independently examined by Samsung.

davo10

foggy_lad wrote: »

Op you should try to get a statement from the place you brought the laptop who said it was a faulty motherboard as this would most likely be covered by your statutory rights! you also need to get a report from the retailer stating the customer damage they are claiming and then you counter-claim and head off to have the laptop independently examined by Samsung.

This has already been suggested and you shot it down, which clause of the OP's statutory rights relate to this situation?, how do you expect the op to obtain the laptop without paying the fee?

dilallio

The OP was not advised of any charges to diagnose the fault when he dropped the machine in for repair.

Therefore he should not have to pay anything.