Legal rights over withheld computer repair.

Posted by: JamieL_v2 on 20 October 2010

I would appreciate of anyone could give some advice over a situation my partner (and me) have with a computer laptop repair shop.

On Monday 4th October we took a Hewlett Packard Laptop (new £470ish) to have a broken hinge to the screen (top) repaired, we paid £40 deposit and were told it would take around a week.

On the Thursday I was in the shop to buy a PC card and was told the parts were in and it would be done soon. We called on the Saturday and were told it would be soon again.

Not sure if we called again until last Wednesday, when we were told they have re-ordered the parts. We said to cancel and we would take the computer back. They said we could only do so if we paid for the parts.

We spoke with 'Consumer Direct' (trading standards) who told us we were within our rights to take our property back, and to call the Police if they would not give us it back. We went to the shop, and they refused.

They have done some repair work to the back of the screen, but were still waiting for parts. They pointed to small print on the back of the receipt which said any specific parts ordered for must be paid for, we had not been informed of this when leaving the computer for repair.

We went to the Police, who said they would not get involved, so we said to the shop to go ahead with the repair, as we had no other option.

We phoned today, after more than a week, and they said the parts still had not arrived, and they would phone us back (which I doubt they will).

We want our computer back as my partner needs to use it now, or get it repaired by someone who can do the job, and is not unpleasant and rude. I really do not think they have suppliers who can get them the part, or are not prepared to pay the price for the proper part. I can not see why a common laptop (HP compact) can take nearly three weeks to get a part that apparently is a common repair.

We do not wish to go through solicitors, etc. as that will not achieve anything quickly, and cost money that it is not worth.

I am tempted to go to the shop tomorrow and ask again for the laptop back, and if they refuse again, to stand in the door and advise people not to use the shop. They I am sure would call the Police, and then I would explain to the Police that they are withholding our property and I suspect lying to us.

I am sure people here may have some good advice, especially as similar technology repairs are part of this forum.

EDIT
Finally, do not ever go to a laptop repair centre on, or near Burley Road. (Sometimes I find the rules of this forum baffling, how would advising that people avoid one of the worst shops I have ever been to affect Naim sales? Thanks Bob)
Posted on: 20 October 2010 by Bob McC
oh dear, your last line has condemned your post to deletion!
Posted on: 20 October 2010 by BigH47
Why should it?

Public service I reckon.

A guy I used to work with did what you suggest and paraded up and down with a sign, near a shop he was having a dispute with. Police said he wasn't causing an affray etc.
After a couple of hours on a Saturday, they settled .
Posted on: 20 October 2010 by tonym
IMO Trading Standards gave you poor advice - the police would not get involved in such a dispute.

Go to your nearest Citizen's Advice Bureau for advice, and I would also write to the shop, stating clearly that you wish for your property to be returned. The fact they haven't actually got the part means they can't legitimately charge you for it.
Posted on: 20 October 2010 by Guido Fawkes
My view is that you should always use an authorised repair centre - that is one reason I prefer Apple computers.

A letter to Watchdog or Rogue Traders may not go amiss. The behaviour Jamie describes is diabolical and it is very disappointing that the police can't be bothered - guess they are too busy chasing innocent motorists.

I had a recent problem with a high street bank - I resolved it by asking if I could make a complaint; the guy gave me a form and I said no - I'll have the phone please so I can make the complaint formerly in the branch to your manager with everybody listening so they know just how poor your service is. The issue was resolved rather quickly.
Posted on: 20 October 2010 by JamieL_v2
Thanks for the replies. A sandwich board and maybe leaflets is very tempting.

I wanted to support a small shop who I though would value their customers over a big uncaring chain. A big chain would have more to lose through bad service, these people do not, but a big chain would have rules to follow.

I edited my first post to remove the name of the shop, thanks to Bob's advice. The moderators are welcome to edit my last line further in case they think it still too explicit.
Posted on: 20 October 2010 by graham55
quote:
Originally posted by ROTF:
The behaviour Jamie describes is diabolical and it is very disappointing that the police can't be bothered - guess they are too busy chasing innocent motorists.


Why ever would you expect Plod to involve itself? No crime has been committed, as far as I can see.

(And my experience is that Plod finds it far easier to go after guilty motorists: Plod gets confused when chasing the innocent!)
Posted on: 20 October 2010 by Stuart M
quote:
Why ever would you expect Plod to involve itself? No crime has been committed, as far as I can see.

(And my experience is that Plod finds it far easier to go after guilty motorists: Plod gets confused when chasing the innocent!)


Plod is more concerned about criminal offences rather than civil. The best way is to come to some agreement with the shop to get your stuff back with minimum loss. You can always use the Small Claims Court which if you do it yourself is low cost, however even if you win you may then need to get an enforcement order if they don't produce the goods/pay etc.

Generally the best way is to avoid the courts so I'd suggest you ask for your laptop to be returned (You did get a receipt?) if they say they will but only if you pay for goods/services then it's up to you.

What's important here
  • the data on the laptop.
  • The value of the laptop
  • principle


Anything but principle, if you can get your laptop back in your hands for a small cost do it and take action later as at least you will have your goods in your hands and hopefully minimised the loss. But if its principle then let the battle commence.
Posted on: 21 October 2010 by Rockingdoc
quote:
Originally posted by BigH47:
A guy I used to work with did what you suggest and paraded up and down with a sign, near a shop he was having a dispute with., they settled .


I did very similar (when much younger), and it took only about 15 minutes before they made full settlement.
Posted on: 21 October 2010 by Guido Fawkes
Direct action as suggested by Howard and the Doc is my advice - if the shop will suffer by not returning your laptop then it will return it.

Remember in such situations there is a time to compromise - and that time is NEVER.
Posted on: 22 October 2010 by JamieL_v2
I spoke with the shop today, and they were better about it. They realise it is taking too long and customer service is important.

They are chasing the parts, and have offered if they arrive by Tuesday to do the repair and not charge for the parts.

If it is not done by Wednesday, they have agreed to return the laptop.

Very different attitude today, thankfully.
Posted on: 22 October 2010 by BigH47
Better news Jamie, have the shop been reading the forum perhaps? Winker
Posted on: 22 October 2010 by Guido Fawkes
quote:
customer service is important
Excellent - it is good to hear they recognise this, let us know how it transpires.
Posted on: 27 October 2010 by JamieL_v2
We got the computer back today, and they refunded all the £45 for the initial work.

Three and a half weeks for them to see that they could not get the parts. They tried three different suppliers. A couple of parts are taped to the lid.

I would not go back to the shop ever again despite their turn around, their unpleasantness was unbelievable.

I think I forgot to say that when Sarah initially asked for the computer back, and they were rude to her, she said she had never had such bad service, the manager said something like 'Well this must have been a very good experience for you.' and hung up on her.

We wanted to support a small shop who we thought would give us a more personal service, now the computer will go to a big chain who have a reputation and customer standards, and probably a book of rules, to upkeep.