Small claims court - expert evidence

banchang

I have a HP tablet which stopped working after 22 months. Bought in Argos Jervis St.

Both Argos & HP say it is outside warranty, & Argos have said that to repair it would cost me Eur50 to send away to HP to assess, & thereafter I would have to cover the costs of HP's repair.

I said that warranties are irrelevant in the context of Consumer rights under legislation, but Argos insist that they will do no more.

Argos mentioned that if I go to the Small Claims court, I would still need to employ an independent expert to certify the fault.

The tablet is unresponsive, won't charge, does nothing, has ceased functioning completely. It was treated with kid gloves during its 22 months of life, housed in a strong leather cover, never received a fall, water or any other kind of damage, & only had light usage, as shortly after buying the HP I also bought an Ipad, & the HP has been used little since, although was always kept charged & updated with latest software. Went to it 3 weeks ago & it had simply shut down & was unresponsive. I had left it in to Argos to send away but they called me at the weekend to tell me the above news, so they still have it.


My question is about the Independent Expert certification on the fault.

Citizensinformation.ie says about preparing for SCC :

Gathering evidence

When presenting your information to the court, you should back it up with evidence wherever possible. You should:

have your receipt or other proof of purchase ready
bring the faulty or damaged goods to the court to show them to the judge
take photographs of poor workmanship, damaged property or poor quality goods or services that you can't bring to court
get an independent opinion by another expert and have the expert appear in the court as your witness (you will be responsible for any expense this might incur)
bring any letters, advertisements or any other documents you may have relied on when buying the goods or services
ask any other person who can back up your claim, especially in the case of faulty services provided, to attend as a witness. You can send them a witness summons if necessary – the Small Claims Registrar can issue a witness summons on your behalf for a small fee.


Not sure - do I need to pay someone to certify that this brick is faulty ? Tablets are solid state units with no moving parts.

Any other advice on the SCC claim appreciated.

Fred Swanson

This post has been deleted.

Ken.

Research the absolute sh!t out of the product. Find reputable websites that say their is a problem with your make of product. Print them out and give Argos one more chance to rectify, then go to the scc. The printouts can be your expert witness.