Laptop hard drive failure - Curry's problem

  ruthiej 19:27 26 Feb 2010

I bought a Toshiba Satellite laptop on interest free credit from Curry's in November 09. The first week in February, I was notified when I switched it on that there was an imminent hard drive failure. Having failed to make a recovery and back up before, I frantically started trying to make them. However, the automatic backups kept failing repeatedly so I resorted to a manual transfer of files from my D drive, meaning to move onto my C drive afterwards. Having a job, I had to go to bed and start again the next day. Before I had chance to back up my C drive, the hard drive failed completely.

I took it back to the Curry's shop that I bought it from. They looked at it and said they would send it away for repair and it would take 10-14 days.

This is where the problems started.

They sent it to the Tech Guys (I have read about how awful they are on here) After 14 days, I still had no laptop so I went back to the shop to be told they had my laptop. Great I thought - shortlived. They had replaced the hard disk, but had no recovery disc so it is basically useless. I was told they would order one and install it.

A week later (yesterday) I went back in a spoke to the manager. He rang the tech guys and they confirmed that, yes they had ordered a recovery disc from Toshiba and it was on its way. The manager confirmed that he would install it himself and let me know when it was done and that I would have the laptop back as new.

I received a call today to tell me that I have to pay for the recovery disc and order it myself from Toshiba.

My understanding is that the shop is responsible for the first six months as it is assumed the fault was in the product on purchase. It is also my understanding that if the problem is not resolved in 28 days, I get new laptop. (it is day 22)

Can anyone advise what my rights are? Do I have to pay for the recovery disc when the laptop was less than 3 months old?

Any help gratefully received.

  morddwyd 20:28 26 Feb 2010

Don't see why you should have to pay anything.

The computer's broke through no fault of yours.

Doesn't matter what faults, or how many, they must fix it or replace it.

  Miké 21:35 26 Feb 2010

Why did you not create the recovery disc (as recommended by Toshiba) when you first bought the laptop?

  SB23 21:44 26 Feb 2010

I would agree with morddwyd, in that, if its faulty surely they have to repair it.

My sons HD in his Toshiba L300-20D failed after only a few months last year. The Argos tech guys tried to give me other ideas over the phone, which didn't work, so they collected it and replaced, you guessed it, the hard drive. In fact, including transportation it was back within the week, and all this was done under the guarantee, with no extra's at all.

  SB23 21:47 26 Feb 2010

..... and what I should have added, although I did create recovery discs, I was never asked for them, the OS was back as it had been, like new.


  rdave13 21:58 26 Feb 2010

If it's just over three months old, take it back (again), and say it's still not working. Politely ask them to ring you once it is working again and try it in the shop before taking it home (again). If the problem is not resolved within the 28 days of first complaint, then ask for a replacement.. politely. Record times and dates in case it needs to be taken further.

  Woolwell 22:17 26 Feb 2010

From my reading of this they have repaired the laptop by installing a new hard drive but cannot go any further because there isn't a recovery disc. Toshiba will only supply one if you pay for it. If you had created a recovery disc, as usually the manual/start guide advises, when you first got the laptop then the Tech Guys would have been able to proceed. I think that you may be stuck unless you pay for the recovery disc.

I can understand how frustrating this is and I think that they should have advised you when you first took it in that they needed a recovery disc and informed you of all off the options as they should have known at the beginning that you may have to pay for it. I would start by asking why they didn't tell you this.

In my mind the delay in getting the disc is unacceptable too. You shouldn't have had to ask for updates.

  ruthiej 22:21 26 Feb 2010

having read the Sale of Goods Act and the subsequent 2003 Act it says:

If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

My reading of that is that they have to pay for the recovery disc.

  ruthiej 22:22 26 Feb 2010

and the comments that 'I should have created the recovery disc when I bought it' are really not helpful (or appreciated right now)

  rdave13 00:22 27 Feb 2010

"and the comments that 'I should have created the recovery disc when I bought it' are really not helpful (or appreciated right now)"
I agree. You've got a 'lemon' and entirely up to Curries to sort it out.
Where is Spuds when you need him!!
As I suggested earlier; take the machine back to the store and ask them to fix it. When they ask you what is wrong , then reply that you don't know as they have said it's OK. Tell them to boot it (in store) and see what they say. At this point take out a pad and pen and ask the relevant persons their names and office within the store.
If asked why? then explain that you will take this complaint further unless rectified.
Oh.. be as pleasant as you can as this annoys the manager as he will be left wondering about his job.
Not easy I know but being pleasant and amiable confuses people who are not confident in their work.

  rdave13 00:30 27 Feb 2010

P.S. take a friend along to be a witness if possible.

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