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 Post subject: What should I do
PostPosted: Thu Aug 19, 2010 3:59 pm 
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Joined: Thu Aug 19, 2010 3:18 pm
Posts: 6
Laptop Make: HP
Amount Paid: 0
Hello everyone, i've been looking at this forum for a few months, after my laptop (an HPdv9821ea) died.

I've been in talks with Tesco about it, and was offered £192 as a 'goodwill gesture' (I paid £479 for it and it died after 20months use). The last letter I sent I returned the cheque they gave and said I would like a full refund or replacement unit, or I will get an engineers report and go forward to small claims court.

They didn't improve the offer (however they did say I am welcome to take the £192 at any time if I contact them), and i'm now in the dilemma of where to proceed, do I take the £192, or start the process of the legal system, where I could only get the depreciative amount. i've lost the support of my father with this who was helping me saying I should just take the £192 as I won't get any better and it will take months/years to sort out.

So i've reached the point to I get an engineers report, or take the petty £192, and decided to sign up to here to get some peoples thoughts about the situation.

Thank You


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 Post subject: Re: What should I do
PostPosted: Thu Aug 19, 2010 5:28 pm 
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Joined: Mon Sep 28, 2009 2:16 pm
Posts: 421
Laptop Make: HP
Model: G6000
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 399
Date Purchased: 01 Mar 2007
Date Failed: 25 Sep 2009
I just can't for the life of me work out how Tescos work out their pathetic offers :x

Based on the normal 5 years calculation you should get around £320 so they've got a long way to go.

At the end of the day, if you follow Paul's steps then you can't go wrong. :D

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Please note: I am not legally qualified and therefore any postings I make are just my own personal opinion based on my experience of working for a number of years at a busy County Court.


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 Post subject: Re: What should I do
PostPosted: Thu Aug 19, 2010 8:17 pm 
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Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6453
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello Crazy_Dino and welcome to our forum.

Sorry to hear of the problems you have been experiencing with you laptop.

Ciderboy is quite right in what he says.

By my calculations if you were to proceed to court and the judge were to award a refund based on usage, then the minimum you would expect to receive would be £319.

So, Tesco's offer of £192 is a long, long way off what you should get so I would refuse their offer.

If you read through the forum you will see the many, many successes that we have helped achieve so you should use this to give you the confidence to fight on.

At the end of the day Tesco may not have knowingly sold you an inherently defective laptop, but they must now remedy the situation satisfactorily.

If you would like to proceed with an engineers report then please take a look at the following link:- need-an-independant-engineers-report-t62.html

If you have any questions or if you need any advice then please let me know.

Good luck and best wishes

Paul
The Admin Team

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=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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 Post subject: Re: What should I do
PostPosted: Tue Aug 24, 2010 11:56 am 
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Joined: Thu Aug 19, 2010 3:18 pm
Posts: 6
Laptop Make: HP
Amount Paid: 0
Ok i'll proceed and get an engineers report!


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 Post subject: Re: What should I do
PostPosted: Tue Sep 21, 2010 7:08 pm 
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Joined: Thu Aug 19, 2010 3:18 pm
Posts: 6
Laptop Make: HP
Amount Paid: 0
Since the last email I have gone and received an engineers report for my laptop.

However, I'm filling in the form for the claim online, and has occured to me that I haven't told tesco that it's under the sales of goods act that I want the refund, and I haven't sent a copy of the engineers report to them. Just I don't accept there offer and if i dont get a refund i will proceed with getting a report and going to court.

Could this be a problem?


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 Post subject: Re: What should I do
PostPosted: Tue Sep 21, 2010 7:43 pm 
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Joined: Thu Aug 19, 2010 3:18 pm
Posts: 6
Laptop Make: HP
Amount Paid: 0
Also. I can't remember the exact day that I filled in on the out of warranty repair form (all i know is it was a tuesday...) and without getting another bank statment, the original purchase date (i was an idiot and forgot to photocopy the initial correspondance I sent them to them!)

Could I just put the months, or could this also be a problem...


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 Post subject: Re: What should I do
PostPosted: Tue Sep 21, 2010 9:12 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 6453
Graphics Card: Other
Purchased From: High Street Store
Amount Paid: 0
Hello Crazy Dino,

Before you file your claim online you MUST send Tesco a copy of the engineers report along with a final letter before action.

You could be seen as having acted unreasonably if you fail to do this as you haven't given Tesco a final opportunity to settle after receiving your report.

In fact, Tesco haven't seen your report and until they do you haven't proved to them that your laptop is indeed inherently defective.

I would hold off filing your claim and would send them the report and letter before action.

I would also ask them for the original bank statement back, you may need this should it go to court and at the end of the day Tesco only need to see a copy for you to prove purchase.

I hope the above helps.

any questions please let me know.

Good luck and best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================


If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.


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