Me: I sent Comet a lengthy first email which detailed everything and included a lot of evidence. I told them not to attempt to mislead me because I'm aware of my rights and willing to take this to Small Claims Court.
Comet: They sent me a reply suggesting I contact Sony because they offer a 4 year extended warranty for my product.
Me: I stated that the Laptop is beyond repair, my contract is with Comet and not Sony, I showed evidence suggesting Sony has already admitted to the fault, provided them with more evidence. I then asked them if they wanted more evidence in the form of a engineers report with them being liable for the cost upto £200.
Comet: They sent me a reply saying I should contact Sony because they have a extended warranty on the product. He also said the following
Quote:
* "Comet do not offer a repair service on the product as Sony are our authorised repair agents for the product under their warranty period.Only a properly qualified engineer can determine beyond doubt if your specific laptop is faulty. Therefore, Comet’s request for our authorised engineers to inspect it before we decide how best to proceed is reasonable and not in contravention of your consumer rights." *
Me(Letter Before Action): I wrote a long reply informing them that my Laptop isn't covered under the extended warranty and therefore they were misleading me into contacting Sony. I wrote many different things on this letter but it was mostly me repeating everything on the previous letter. In reply to Comet's "reasonable arguement" I wrote the following
Quote:
* "Comet’s request for our authorised engineers to inspect it before we decide how best to proceed is reasonable" - I accept that your "authorised repair agents" should be allowed to inspect the device before you proceed. Please make arrangements with Sony to pick up the Laptop from my home as soon as possible so that they may inspect it on your behalf. When commuinicating with Sony please do inform them that this is a issue regarding the Sale Of Goods Act 1979 between Comet and me as it's customer. You are liable for any fee's charged by Sony to inspect the laptop as they are your "authorised repair agents" inspecting my laptop on your behalf. Please note that I have important files on the hard drive of this laptop and therefore I will have the hard drive removed by a qualified engineer before Sony collect the laptop. If Sony requires the harddrive also then I will have the engineer recover all the data from the hard drive for me instead. Please note that you will be liable for the removal of the hard drive or data recovery as this cost has arisen due to the defective GPU. Please note that I do not authorize Sony to make any changes, alterations or repairs to the laptop as it's only being sent to Sony for inspection. If Sony insist on repairing the laptop on your behalf as your "authorised repair agents" then I require that you provide me with written confirmation that only defect-free components will be used to complete the repair." *
I ended the "Letter Before Action" with:
Quote:
I feel that I have provided you with more than enough evidence to suggest a serious defect in my laptop. I have provided you with official commentary from Sony, external commentary from Sony Vaio customers and commentary from experts. I can provide you with more evidence if what I have provided so far isn't enough. I have also accepted your request to have Sony inspect the laptop on your behalf in relation to issue regarding the Sale Of Goods Act 1979 between you and me as your customer.
I suggest that you remedy this situation now by providing me with a full refund, replacement laptop or store credit equal to the value of the laptop. After reviewing this vast amount of evidence you still feel that you need more then I can provide you with a engineers report. Please note that if you do require a engineers report then you will be liable for the costs according to PRACTICE DIRECTION 27 Section 7.1, 7.2, 7.3. According to section 7.3(2) you would be liable to expert fee's up to £200. I am aware that Comet has it's own "Computer support/repair" department but I insist on having the engineers report written by a independent engineer to avoid any bias. I offer you this opportunity to settle this matter early to avoid increasing your cost of settlement as the appointment of a "properly qualified engineer" for the purposes of a report can be expensive. If you don't make arrangements for Sony to collect and inspect the laptop on your behalf or offer me a positive resolution within 7 days then I shall obtain the report and take action via the Small Claims Court. The costs of the report will be claimed from you as stated above.
Comet:
Quote:
In order to move forward with this issue can you please reply with the serial number of your laptop and any job reference numbers you may have with Sony. Once I have this information I will contact Sony on your behalf to discuss further.
Me:
Quote:
If you intend on taking over from your colleague in regards to this issue then I politely request that you read all communication between me and Mr *********, Mr ****** and Mr *******. Please also review the evidence found on pages 2,3,4,5 on the attachment.
I think you failed to understand my previous Letter Before Action. You are contacting Sony to check the laptop on your behalf as they are your "authorised repair agents". Mr ****** requested that your "authorised repair agents" be allowed to inspect the laptop before you take action which I'm allowing you to do. I don't have any job reference numbers with Sony and you already have my Serial Number. Once again I request that you forward my entire Communication History and email to your Legal Department so that they may act on the Letter Before Action. If you are unable to forward me to your Legal Department then I wish to speak with a supervisor or manager as I don't think this issue is moving forward with me having to talk to a different person every email as every time the representative changes the less knowledge of my situation they have.