Ebay warrantys

how old is the laptop? if it's more than 6months the onus is on you to prove it.

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
Click to expand...

If it is under six months I would just copy the relevant parts in and email him, saying he has a legal obligation and you will start a paypal claim, if in doubt about what they will do file a claim before the cut off point.
 
AcidHell2 said:
how old is the laptop? if it's more than 6months the onus is on you to prove it.

If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
Click to expand...


If it is under six months I would just copy the relevant parts in and email him, saying he has a legal obligation and you will start a paypal claim, if in doubt about what they will do file a claim before the cut off point.
Click to expand...

Please note that your quote states "purchased" and not "old". The onus is on the retailer to prove the fault was not present at point of sale for 6 months.

The stipulation will be that the goods must be of satisfactory quality and work as intended for a reasonable amount of time whether brand new or second hand. In this instance, a £600 laptop would not be considered to have used all of its reasonable life in 3 weeks and I dont think any court would find in the favour of the retailer.

Speak to the retailer and advise then your statutory rights under SOGA are protected by law and they have a legal obligation to resolve the issue. It is a criminal offence for anyone to try and remove your statutory rights as a consumer whether buying new or 2nd from a commercial retailer. This law applies to all ebay sales conducted on behalf of a commercial business.

If you get no-where then start a paypal dispute and seek further advice.
 
Here is the time-line for events:

02/10/10: Won the auction.
06/10/10: Paid fist thing via paypal (took 4 days as I was away over the weekend when auction ended and had no computer with me).
07/10/10: Was delivered and I started using it, although advertised as having no operating system it came with an unlicensed version of Windows Vista on it which I replaced with my personal copy of Windows 7 Home Premium.
14/10/10: The problem started, I updated the drivers (un-installed from safe mode then rebooted and installed new ones) this appeared to fix it
16/10/10-25/10/10: I was on holiday with my G/F
28/10/10: I noticed when running Unreal 3 that the fps was low, while checking the settings I discovered that un-installing/reinstalling drivers on the 14th had set SLi to its default (off) setting (I was unable to notice this previously as I had not run a game capable of maxing out a single GPU), I enabled it and the problem returned crashing the system after reboot.

I have managed to get it running in SLi disabled mode again but this isn't a solution and I would like for them to replace the graphics card module in the laptop (they are removable). Im just asking for what I paid for really, Id prefer it to be fixed now refunded or replaced.
 
Contact the seller and inform them you have looked into your options and that you now know you are covered under SOGA as they are a retailer.

As such you would like them to arrange collection of the laptop and repair it to a satisfactory standard within an acceptable timescale. (7 or 14 days should be enough but you need to stipulate.)

If they choose to ignore this then raise then paypal dispute before you run out of time. You can then also draft a letter to them giving them another opportunity to resolve.

If they choose to ignore that then the next letter should be entitled "Letter before Action" and should be sent recorded to their premises. In this letter you should re-iterate the timescale you expect them to resolve the issue (be reasonable).

After that point you would be looking to reject the goods as not fit for purpose and be claiming a full refund inclusive of all postage costs. You also have the option of rejecting the goods immediately as the timescale is so short. There is nothing the retailer can do to remove your SOGA rights as protected by law.

Further advice available : http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?227-Online-Stores
 
Unfortunately the 8800m GTX cards used in those laptops suffer from a manufacturing defect:
http://www.tomshardware.com/news/Nvidia-GPU-failure,6248.html

On the xps forums I use there are long threads regarding 8800 GPU failures and at one point there was such a backlog of people waiting for replacements that dell were exchanging the m1730's for Alienware M17x's instead.
http://forum.notebookreview.com/del...s-m1730-problems-dell-replacement-issues.html

If you get no joy from the seller, there is a guide on how to 'bake' your card back to life. By removing it and placing it in the oven, you re-melt the solder and when it cools the card is back to normal, lol!

Check your service tag on the dell website to see if there is any manufacturers warranty remaining.
Another link to backup the GPU problem:
http://www.ideastorm.com/ideaView?id=087700000000Z7vAAE
 
I sent them this:

Hello,

I do not want the item Repairing under your warranty I want it repairing under my statutory right under
the Sale of Goods Act.

The SoGA states that an item must be of satisfactory quality. This means that the goods should be free
of any faults, including minor ones and remain so for a reasonable period. It also says that the
definition of a reasonable period must be re-evaluated for second hand and pre-used goods but I do not
believe that developing a major fault after a few weeks of ownership is a reasonable amount of time for
a £560 laptop to last.

I don't want to go the legal route on this I only want a working system as I paid for, I am not
demanding my money back merely that the item is repaired or if necessary replaced.

Regards, James
Click to expand...

Awaiting reply, if they try and mess me around further I will either open a dispute with paypal or contact my credit card company over it.
 
wonder if they change their warranty policy. I just don't think most people know the soga covers 2nd hand goods. Jut look how many of us didn't.
 
Unbeliveable luck, I was writing an email to the company to tell the the GFX had died again and BANG laptop dead, wont turn on with or without the A/C or battery connected (I didn't try with neither). As soon as I plug the A/C cord in the light on the adapter turns off, system is totally bricked, fantastic >.>

So in slightly over 3 months of ownership the 2nd GFX card has died twice and now the whole things gone... I really do not think this is acceptable for a £600 laptop, ive essentially paid £200 a month for the use of it FFS :(

If anybody could tell me what to do at this point id be very gratefull, do I just contact the office of fair trading or would paypal be any help?

*EDIT*

Dont know if it means anything these days but I paid via credit card, does that give me anything extra from a legal pov?
 
Last edited:
You must log in or register to reply here.
Back
Top Bottom