Acer Troubles - Legal Advice Needed

  steve-uk 21:18 21 Aug 2004

Hello all

I have a problem with Acer at the moment and need advice on what to do next.

Acer basically have taken 5 weeks so far to repair my laptop and have been unable to locate it for the last 3 weeks.

My calls to them and letters sent special delivery have not been responded to and promised calls back to me havent appeared.

The outline of the story is in my post here.. click here and i was wondering what i can do next? They keep ignoring me and im getting nowhere :(

I have looked into legal advice today (money claim online) but cant get to the CAB until wednesday to see if i have a good chance of winning any action.

Is it resonable to claim for the money to replace the laptop plus costs incurred chasing this up?

Thanks for any advice

  wee eddie 21:44 21 Aug 2004

You'll lose any rights to alternate methods of compensation and they will pocket most of the dosh.

2/8 to 20/8 does not seem make 5 weeks.

Your posting gives no detail of the manner which you used to report the fault. Who you bought it from, date of purchase, type of Warranty.

Assuming you jumped through all the hoops in the proscribed manner. Got a Returns Number or whatever form of record that Acer use. Packed it suitably. How did you pack it? et cetera, et cetera.

Then 18 days is not excessive, particularly considering that this is the holiday season.

I know I'm not being very sympathetic but unless a Company has a suitable way of tracking the mail, is is easy for an unidentified item to be side lined.

  steve-uk 22:09 21 Aug 2004

Thanks for your response.

2/8 was when i recieved my laptop back from acer unrepaired and damaged after being sent for repair on the 16th July.

I got the laptop back on the 2nd august around 10am and by 14.00 it was on its way back to acer, and since then nothing.

I have the acer advantage warranty (5 days guaranteed their site says) The laptop was bought in november along with the advantage warranty (3 years accidental damage plus priority service)

The laptop was initially sent off in its original box inside another box which was more than what they suggested and when sent back to them it was returned in the packaging I recieved it in.

All matters were dealt with over the phone, although they offer email support they keep telling you to call them. I have sent 2 letters, one sent on the 2nd august with the laptop and another sent special delivery on the 13th august which I also emailed. All unreplied to.

On top of this so far I have called them (since the 2nd august) 12 times and have requested a return call 8 times of which I have only recived one courtesy call just explaining my problem and that it would be looked in to after I contacted the business manager at head office.

My recent call to them on wednesday, I was told the manager was replying to my letter as I was on the phone to them and that I would recieve a call wednesday or thursday, nothing as yet here either.

  wee eddie 00:15 22 Aug 2004

Must be your local Trading Standards Office.

First you must gather ALL documentation together. Invoices (or other Proof of Purchase), Warranty forms. Dates, times and names of the recipients, of the phone calls you have made. Copies of the letters you sent. Posting documentation of both postings and any correspondence you have from them.

If the problem is a manufacturing fault, you have the law on your side.

  beeuuem 00:22 22 Aug 2004

With due respect to Wee Eddie Money Claim Online is the Court Service county court claims procedure using the internet in England and Wales. Thus they will NOT keep most of your money. You will only pay the necessary court fees of about £27 -00.
It can only be used to claim a fixed amount.

You may be better off using the Small claims procedure in your local County Court (at the same cost as above) where, if it comes to it, you can put your case in person to a judge. While they can only apply the law as it stands the judges tend to be sympathetic to claimants.

In the first instance it may be better to speak to your local Trading Standards who can give advice on the best way to proceed and may take up your case.

If you click here and enter your postcode in the box at the top it will tell you how to find your local Trading Standards office.

If you paid by credit card - as you should always try and do - try contacting them to see if they can help.

  spuds 12:27 22 Aug 2004

A couple of websites that may help a little click here click here

  Forum Editor 12:39 22 Aug 2004

- at least for the time being because I'm not sure what it is you intend to claim. If Acer have indeed lost your machine then you need to get them to admit the fact - then you can set about getting them to replace it. You can't claim the cost of a new machine - Acer will replace it with an identical model, or one that is of a higher specification.

The fact that you've already written by special delivery and received no response is indicative of poor customer service and is deplorable, but don't lose sight of the ball - your main concern is to receive your fully repaired computer, or a new one as quickly as possible. The fact that Acer say they have written to you is encouraging - did they indicate what was in the letter?

If it was posted on Thursday you should receive this letter by Monday or Tuesday at the latest, so wait until then before you take any further steps. As others have said, your next action would be to contact your local Trading Standards Office and ask for their advice. Your computer is still within its warranty period, and therefore you are right to expect that Acer should resolve the matter within a 'reasonable' time. The law doesn't define what is reasonable - each case is determined on its merits - but four to five weeks might not be deemed to be unreasonable in the circumstances, so bear that in mind. A judge hearing the matter in a small claims action would take into account what Acer might have to say regarding any difficulties with component supplies etc., and my advice is only to use the court as a remedy of last resort.

  steve-uk 00:25 24 Aug 2004

Thanks for the replies.

Well they said a manager was writing my letter as I was speaking to him wednesday.... but these managers seem to say they do a lot of things, and all those memos their staff have placed on his desk to call me have gone missing so far

I know 4-5 weeks might not be deemed unreasonable in some cases, but the specific warranty I bought says it should be 5 days guaranteed click here and this has been argued with support saying its reliant on parts but a) they shouldnt guarantee it and b) for the last 4 weeks at least my laptop has been sat in a box in their warehouse somewhere not even looked at, their system has it in as arrived at the warehouse and thats it.

I waited for the post to come this morning before getting a letter off to trading standards but nothing arrived so i sent all the bits away to them and asked if they could give them a call on my behalf.

I still feel very annoyed by this, its not just the inconvenience but the sheer incompentance and lies i've been dealt over the 5 weeks, and they don't even care about it or bother to contact me. And its worrying to see, the more I look into this the more and more people I find who have experienced the same.

Somebody needs to give this company a kick up the arse and the longer this goes on the greater the feeling I want it to be me no matter how much time or money it takes.

  Forum Editor 07:05 24 Aug 2004

Whilst I can understand your frustration, try not to let this get out of proportion. There's an old saying in the legal trade that the worst reason for litigation is a desire for revenge - it doesn't always end up as the litigant hoped.

Trading standards may or may not take the matter up on your behalf - that remains to be seen. In the meantime I would advise keeping up the pressure on Acer by sending yet another special delivery letter - this time informing them that unless you receive your computer within 7 days you reserve the right to take action for recovery without further reference to them. Mark the letter (at the top) "Without prejudice".

  wilf3102 16:36 24 Aug 2004

Ive had so many problems with Acer recently.

As per topic - click here

After 60 days of Acer avoiding my questions, calls and letters, I had no choice to involve Trading Standards.

Although it took time to chase, Trading Standards managed to arrange a return call to myself, by a supervisor at Acer Uk.

Today, I have been promised a replacment system, as Acer clearly have lost my system.

Thanks Trading Standards - Acer dont seem to listen to customers directly.

Lets hope they stick to their word (i have yet to see evidence of this !!), and I receive a replacement soon.

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