Consumer law on repair

[richardlat1]

Hi I run an IT business and we do laptop/ PC repair. I have had a stange issue where replaced some RAM for a customer and the Computer then didnt boot. we tried everything we could think of to get the computer to boot agian but nothing worked we told the customer what had happened and we were ordering a new board, We then replaced the Main Board as we thought that was the issue, when we booted the laptop it was working fine for about 4 hrs so we called the customer to collect and when we tried to boot the laptop to show the client it then displayed the same symptoms so we tried again to fix the issue whilst the customer waited the customer the demanded to take the laptop away over the weekend. We then recieved an email on the saturday asking what were going to do about it and we said we needed to send the RAM and the motherboard to the suppliers to see what had happened and even said if we cannot fix it we will replace the laptop with a like for like machine, he then accused us of not knowing what we are doing etc and threatend court action without giving us the chance to rectify the issue. Can someone advise what we should do? I can send the email thread etc if required.

[R0b]

First of all, unless the computer is new or almost new, they will certainly not be entitled to a like for like replacement or equivalent cash amount.

If the laptop was working before you changed the RAM then the onus is on you to show that the errors or non-boot issues were not caused by you whilst in your possession. I guess, like anything goods or electrical, some things just burn out no matter what you do and if the laptop is really old or towards the end of its life, then it may be possible that whatever you did meant it simply gave up. Might be worth investigating.

If the customer is threatening legal action then they should follow the pre-action protocols before issuing a claim. I say should, because most consumers are not well versed in the legal process so will likely just issue a claim.

Under the Consumer Rights Act, there is an option for repeat performance or price reduction where services are engaged, however they are also entitled to other legal remedies too. Sounds like the customer has asked for repeat performance by demanding to take the laptop away over the weekend, and if it requires further time to investigate then that's just how the cookie crumbles. However, repeat performance should be done within a reasonable time and without causing significant inconvenience to the customer.

Couple of options:

1. Argue that the customer has agreed to repeat performance, and that you need to wait until the report/results come back. To avoid causing inconvenience, you could offer a loan computer.

2. Pay the market value of the laptop and be done with it.

[richardlat1]

First of all, unless the computer is new or almost new, they will certainly not be entitled to a like for like replacement or equivalent cash amount.

If the laptop was working before you changed the RAM then the onus is on you to show that the errors or non-boot issues were not caused by you whilst in your possession. I guess, like anything goods or electrical, some things just burn out no matter what you do and if the laptop is really old or towards the end of its life, then it may be possible that whatever you did meant it simply gave up. Might be worth investigating.

If the customer is threatening legal action then they should follow the pre-action protocols before issuing a claim. I say should, because most consumers are not well versed in the legal process so will likely just issue a claim.

Under the Consumer Rights Act, there is an option for repeat performance or price reduction where services are engaged, however they are also entitled to other legal remedies too. Sounds like the customer has asked for repeat performance by demanding to take the laptop away over the weekend, and if it requires further time to investigate then that's just how the cookie crumbles. However, repeat performance should be done within a reasonable time and without causing significant inconvenience to the customer.

Couple of options:

1. Argue that the customer has agreed to repeat performance, and that you need to wait until the report/results come back. To avoid causing inconvenience, you could offer a loan computer.

2. Pay the market value of the laptop and be done with it.

Hi the problem i have is he didnt give us reasonable time to fix the issue by Sunday afternoon he had already taken it to someone else without letting us try and rectify the issue or investigate we fully refunded his deposit too.

[richardlat1]

HI Rob

is it possible to send you the email thread by private message?

[R0b]

Sorry I don't do private help, everything is done in the open.

If the customer took the laptop away without affording you an opportunity to investigate and resolve the problem then that will be your line of defence. Customer's have to be reasonable too and it looks like this customer wasn't, rather he was impatient. I think if it went to court, I'm sure a judge would agree with that view too and therefore it would be difficult to ascertain what (if any) liability attaches to you and then come up with a compensatory figure.

[richardlat1]

Sorry I don't do private help, everything is done in the open.

If the customer took the laptop away without affording you an opportunity to investigate and resolve the problem then that will be your line of defence. Customer's have to be reasonable too and it looks like this customer wasn't, rather he was impatient. I think if it went to court, I'm sure a judge would agree with that view too and therefore it would be difficult to ascertain what (if any) liability attaches to you and then come up with a compensatory figure.

Thanks for the advice i will blank out the personal details and post here tomorrow if thats ok?