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Warranty on PC purchased from company now in administration
Thread poster: Paul Stevens
Paul Stevens  Identity Verified
Local time: 19:33
Member (2003)
Spanish to English
+ ...
Feb 10, 2005

Apologies if this is not the correct forum, but as it concerns PC hardware, it seemed the most appropriate one.

Last March, I purchased a new PC in the United Kingdom with a 5-year warranty. To date, everything has run well, and, touch wood, I have had no problems with the PC.

Now I have received a letter from the company that has purchased the company from whom I purchased the PC, advising me that the latter company entered administration last month.

This new company has advised that "as per the nature of administration, this led (with immediate effect) to the termination of all outstanding XXXXX warranties".
They go on to say that they have no legal obligation to XXXXX customers, but (very kindly!) offer alternative 2-year warranties at (supposedly) subsidised prices!

Clearly, this did not make pleasant reading for me as I am effectively losing nearly 80% of the coverage that I have already paid for, but a friend of mine has just told me that if I purchased the PC by credit card (which I did), I could well be entitled to a full refund of the purchase price.

I have therefore just rung my credit card company to discuss this, but they have simply said that they cannot discuss this over the phone and that I should write to them.

I'm more than happy to do this, but I was wondering whether another proZ.com member had had a similar experience and can advise what the position might actually be as far as getting a return is concerned.

[Edited at 2005-02-10 11:15]

[Edited at 2005-02-10 14:00]


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Mathew Robinson
United Kingdom
Local time: 19:33
English
Consumer Credit Act 1974 Feb 10, 2005

Ask your local Trading Standards office to send you a copy of the Consumer Credit Act 1974. Quote this to your credit card company when you write to them explaining the situation.

Here is an excerpt from the Consumer Credit Act 1974 that is relevent:

"A seller can be the person who grants you credit or they may arrange for you to get credit from a 3rd party or that 3rd party may arrange to supply the goods to you. Your protection is that you can choose who to sue.
You can either sue the seller or the provider of the credit or both. This helps you because if the seller goes bust you can try and get your money from the credit provider instead."

Good luck!


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xxxLia Fail  Identity Verified
Spain
Local time: 20:33
Spanish to English
+ ...
How about a consumer rights organisation? Feb 10, 2005

Sounds a bit dodgy altogether, with nobody losing out but the customer...:-(

Why don't you contact a 'citizens' rights bureau' (if they still exist...) and/or a consumer rights body? On both counts - PC supplier and credit card - they should be able to give you some idea of your rights.

What's more, they may have received complaints from other people affected (there are bound to be others), and if so, might take the case on board for you.

HTH:-)


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Narasimhan Raghavan  Identity Verified
Local time: 00:03
English to Tamil
+ ...
A little confusing, the stand of the new owner of the company Feb 11, 2005

When a company is acquired by another, all the crdits and liabilities of the former are transferred to the latter. There is a thing called continuity. The successor to a company has no business to repudiate the prior commitments of the acquired company. Or am I mistaken in my understanding of the law?

The BRD made it clear that it was a legal successor of the Third Reich, whereas the DDR repudiated all the prior commitments. So there are precedents for both stands, I presume. But personally I feel that the BRD was on a stronger ground just because of this stand.

Regards,
N.Raghavan


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Horst2  Identity Verified
Local time: 20:33
English to German
+ ...
Forced Administration Feb 16, 2005

Hello Paul,

Means "administration" that the old company was put under forced administration? It should not be too complicated to figure out the concrete legal background in that case.

If you like to use your time and energy for that side, OK, why not, you can not loose anything, but I would recommend to talk directly to the "new" company and ask what they would offer.

Horst


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Samuel Murray  Identity Verified
Netherlands
Local time: 20:33
Member (2006)
English to Afrikaans
+ ...
Five year warranty is rare, isn't it? Feb 22, 2005

Paul Stevens wrote:
Last March, I purchased a new PC in the United Kingdom with a 5-year warranty. To date, everything has run well, and, touch wood, I have had no problems with the PC.


About ten years ago, it was common for PC sellers to offer a two year guarantee on the hardware (in ZA). These days, you won't find anyone offering more than a one year guarantee on any hardware.

Getting a five year guarantee is *super*... is this normal in the UK? Or perhaps the guarantee was for servicing (not for the physical hardware)...?

Now I have received a letter from the company that has purchased the company from whom I purchased the PC, advising me that the latter company entered administration last month.


I'm not an expert in UK law, but the last I heard, there are some pretty tight laws about consumer protection in the UK. I suggest you get some free legal advice, if you can find it.


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