Re: PC monitor hell


"James Luff" <lufferov@xxxxxxxxx> wrote in message news:6bs9jnF3dj42dU1@xxxxxxxxxxxxxxxxxxxxx
The Todal wrote:
"James Luff" <lufferov@xxxxxxxxx> wrote in message news:6bs710F3dj9ijU1@xxxxxxxxxxxxxxxxxxxxx
The Todal wrote:
"James Luff" <lufferov@xxxxxxxxx> wrote in message news:6bs5v9F3dsjrcU1@xxxxxxxxxxxxxxxxxxxxx
I posted a while ago about a replacement monitor but since then things have become a bit more complicated.

Staples phoned me up to say that Gateway couldn't repair the monitor. However, Gateway were going to give me a shiny new one instead! I just had to wait for Staples to call me back when it arrived so I could collect it.

A week passed and no call from Staples, so I decided to chase things up on Monday. Another call from Staples today and apparently the replacement monitor isn't on its way as promised. I should point out that this isn't a Staples problem, they have been fantastic. The problem now is that Gateway have been taken over by Acer and Gateway will no longer talk to Staples about the issue. They accept they have my old monitor and that it can't be repaired, but won't talk about any sort of resolution. In fact talking to the Staples store manager Gateway (or the company that used to be Gateway) have been very rude to him.

As if this all wasn't bad enough, things are further complicated because I bought the monitor from Staples on-line. Now apparently the bricks and mortar store is a separate company to the on-line retail arm. What this means is that technically the store manager shouldn't have taken my monitor in the first place, however, he did because he's a nice guy and wanted to help. So the whole thing is a bit of a mess!

The store manager has vowed to do everything he can to sort this out for me and is taking a complaint up with his head office. He is hoping that his management might carry more weight and get some answers for me.

I'm pretty confident this guy will follow it through and sort it all out, but I'm not sure where I stand legally now. The whole thing is a bit complicated, what can I do if the Manager has no joy?
I can't remember the beginning of your story. You bought a monitor from Staples Online and it is faulty? And you bought it fairly recently?

In your position I would give the manager another couple of days, then ring him and tell him you are going to buy a new monitor and you will require a refund for the old one. He may say "please leave it with me for another few days" in which case you can tell him that he has two more days in which to solve the problem.

Then buy a new monitor.

Then ask Staples Online for a refund. If they refuse, tell them they have seven days and you will then sue them. Then sue them using Money Claim Online.
I purchased a monitor from Staples on-line and with literally a few days remaining on the 12 month guarantee the back light failed. I took the monitor back to my local store and the manager said he would try and sort it out. They sent it back to Gateway and this is how I now find myself in this situation.

Okay. My suggested course of action still applies. Although strictly speaking you should have the monitor repaired, then sue them for the cost of repair, in practice I expect it would actually be cheaper to buy a new one. Anyway, the bottom line is that if you sued them for the cost of a monitor they would undoubtedly pay up. They aren't going to go to court to argue that their liability is to pay 100 pounds instead of 200 pounds.

Yeah, but who do I go after? Staples store, Gateway (or whoever they are now), Staples on-line? What liability do the store have, my contract of sale isn't with them, this is why things are so much more complicated.

Ideally you will have an Invoice or at least a receipt. Go after whoever is shown on that. If you're going to end up suing over this, then you'll almost certainly be required at some point to show it was you actually bought it off. If you bought with your Credit Card then a CC Statment should also suffice as proof of purchase.


If they just get the old monitor back from Gateway and return it to me, what can I do then? It will be out of guarantee so technically Staples on-line could refuse to touch it.


They couldn't successfully argue so on that basis as the monitor still has the fault you complained of while it was still under warranty, so, (to that extent at least) it's still under warranty until that particular fault is repaired or the problem otherwise resolved to your satisfaction.


I would love to get the monitor repaired, it was perfect for my requirements and took me a long time to find it.

I recall from your original thread on this that you were particularly pleased with the connectivity options it had. It's a co-incidence that the situation has turned out worse than you originally foresaw.

But how do I get thething back!

Wll it's still your property! The peole who have it now (Acer?) are bailee's of the monitor & have a duty to take reasonable care of it. If they continue to fail to repair or replace it, they must return it to you & if they failed to do that then you could sue them for the loss.

If Gateway can't repair it how would I get it fixed anyway.


I don't imagine Gateway made it. It would be a long shot but you'd need to trace the manufacturer & then see if they have a UK repair centre. It could be that a good electronics/computer repairers could do the work but I've no idea what's involved with repairing a backlight.


If I buy a new one would they be responsible for the whole cost or just a small percentage of the original value of the monitor? I am aware I had almost a full years use out of it without problem.


If a monitor of that price/quality would be expected to last for, say, 6 Years & you bought one of equivalent price/quality then youn would expect to re-claim 5/6ths of the cost.

At the end of the day I just want a monitor, I don't want to cause any hassle for the store manager if it can be avoided. I think he may already be in hot water for taking the monitor from me in the first place when it was a Staples on-line purchase. He of course thought he was giving excellent customer service, as did I initially.

No doubt he'll tell you if there's nothing more he can do. As he accepted it he should also make sure it's returned to you.

--
Joe Lee

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Relevant Pages

  • Re: PC monitor hell
    ... Staples phoned me up to say that Gateway couldn't repair the monitor. ...
    (uk.legal)
  • Re: PC monitor hell
    ... Staples phoned me up to say that Gateway couldn't repair the monitor. ... What this means is that technically the store manager shouldn't ...
    (uk.legal)
  • Re: PC monitor hell
    ... Staples phoned me up to say that Gateway couldn't repair the monitor. ... In fact talking to the Staples store manager Gateway (or the ...
    (uk.legal)
  • Re: PC monitor hell
    ... Staples phoned me up to say that Gateway couldn't repair the monitor. ... I just had to wait for Staples to call me back when it arrived so I could collect it. ... Another call from Staples today and apparently the replacement monitor isn't on its way as promised. ... Although strictly speaking you should have the monitor repaired, then sue them for the cost of repair, in practice I expect it would actually be cheaper to buy a new one. ...
    (uk.legal)
  • Re: PC monitor hell
    ... If they just get the old monitor back from Gateway and return it to me, ... The applicability of a warranty is determined by ... If Gateway can't repair it how would I get it fixed anyway. ...
    (uk.legal)
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