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Contact us so we can investigate your case<br />
Email: consumeractive@computeractive.co.uk<br />
Write: Consumeractive, <strong>Computeractive</strong>, 30 Cleveland Street, London W1T 4JD<br />
Please include both your phone number and address.<br />
Unfortunately, we can’t reply to all your letters.<br />
We<br />
stand up for your legal rights<br />
Can I use online comments as evidence?<br />
Q<br />
A Kindle Fire HD I bought from<br />
John Lewis in 2012 has begun to<br />
have problems with its USB<br />
charging port. My John Lewis warranty<br />
has run out, so they told me to go to<br />
Amazon. But Amazon wouldn’t offer a<br />
repair <strong>–</strong> they tried to sell me a<br />
refurbished model. Comments I’ve read<br />
online indicate lots of people are having<br />
the same problem. Can I use these as<br />
evidence that the fault is inherent, and<br />
therefore force John Lewis or Amazon<br />
to give me a new tablet?<br />
Ian White<br />
A<br />
Unfortunately not. Unverifi ed<br />
comments don’t provide legal<br />
proof that a product is faulty<br />
because the judge can’t question those<br />
who made the complaints.<br />
However, there’s one way you can use<br />
online comments. You’ll have to get at<br />
least one of the people saying they’ve<br />
suff ered the same problem to fi le a<br />
witness statement backing up your claim.<br />
Th ese are admissible in the small claims<br />
court, and the witness isn’t required to<br />
attend. However, you have to let the<br />
company you’re suing know you’ll be<br />
doing this so they can request evidence.<br />
Ian’s next move should be to tell John<br />
Lewis that he is getting the Kindle Fire<br />
independently tested to assess whether<br />
the fault is inherent. If this is proved, Ian<br />
should ask John Lewis to refund the cost<br />
of the test, and to repair or replace the<br />
tablet. If this isn’t possible, Ian is entitled<br />
to a pro rata refund; meaning John Lewis<br />
doesn’t have to refund him the full<br />
amount because he’s used the tablet<br />
for three years.<br />
CASE UPDATE<br />
Mediation avoided as PC World<br />
refunds reader<br />
If a laptop is so faulty it needed to be repaired<br />
four times in four months, then we would expect<br />
the retailer to provide a full refund. Happily, that’s<br />
what PC World has offered <strong>Computeractive</strong><br />
reader Jacob Ninian, whose case we investigated in Issue<br />
464. Initially, after testing Jacob’s laptop, PC World accused<br />
him of damaging it. Jacob would have had to get his laptop<br />
independently examined to prove the fault was inherent.<br />
Jacob had earlier asked us whether it was worth taking<br />
PC World to the small claims court because the retailer was<br />
showing no sign of helping him. We would have advised<br />
him instead to try mediation, in which an independent body<br />
attempts to resolve a dispute. This became a more realistic<br />
option in October 2015 when new laws were introduced to<br />
force retailers to inform dissatisfied customers they are allowed<br />
to take their complaint to a dispute-resolution body.<br />
Also, from <strong>January</strong> <strong>2016</strong>, retailers have to provide customers<br />
with a link to an online dispute resolution scheme. However,<br />
crucially, retailers don’t have to agree to mediation; they only<br />
need to tell the customer that it’s an option.<br />
Mediation can be expensive, with some companies charging<br />
about £50 an hour (the exact amount will depend on the size of<br />
your claim). Overall, it can work out more expensive than taking<br />
a company to the small claims court. It’s a confusing picture<br />
though, because you are actually offered free mediation if you<br />
take a company to court. We’ll cover mediation in more detail in<br />
a forthcoming Consumeractive.<br />
THIS WILL COME IN USEFUL<br />
Shortcuts to popular searches<br />
on Microsoft’s website<br />
Internet Explorer<br />
www.snipca.com/18970<br />
Microsoft accounts<br />
www.snipca.com/18965<br />
Service packs<br />
www.snipca.com/18993<br />
Start menu tips<br />
www.snipca.com/18966<br />
Themes<br />
www.snipca.com/18992<br />
Wallpapers<br />
www.snipca.com/18975<br />
What is Cortana?<br />
www.snipca.com/18971<br />
What’s new in<br />
Windows 10?<br />
www.snipca.com/18974<br />
Wi-Fi Sense<br />
www.snipca.com/18973<br />
Windows 10 apps<br />
www.snipca.com/18967<br />
Windows Defender<br />
www.snipca.com/18972<br />
Windows 10 FAQ<br />
www.snipca.com/18962<br />
Windows 10 tutorials<br />
www.snipca.com/18964<br />
Windows 10 upgrade<br />
www.snipca.com/18962<br />
Windows Insider<br />
Program<br />
https://insider.windows.com<br />
Windows Phone<br />
www.snipca.com/19000<br />
6 <strong>–</strong> 19 <strong>January</strong> <strong>2016</strong><br />
13
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