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Free laptop from carphone warehouse demanded back,breach of contract theirs.plz help?


My Aunty recently entered a contract with carphone warehouse,free laptop provided she enters into 2 yr contract for internet access.
At first all was good.However a problem on their side with signal (2 mnths latter) meant they were unable to supply internet access,as such backed out of offering service.thats ok ,however they want the free laptop back despite it being them who backed out.my point is a laptop is like a diary,all my aunties private info on it,returning laptop is a risk as data can never totally be destroyed on a computer.What leislation or anything supports my aunty in her quest to retain the free laptop eafter being messed around?

Do not return the laptop!

Under contract law, they agreed to provide a service which they failed to provide. She paid them, thus fulfilled her part of the agreement.

Write them a letter (send it certified with return receipt requested) stating this and tell them they will have to sue for it.

If they decide to sue her (which they probably won't), they will have to hire an attorney where your aunt lives to file the suit. They will have to pay some court costs up front. By the time it gets to court, their attorney would have gotten more money than the laptop was worth.

If she filed suit against them, the inconvenience and payments would be on her and clearly not worth it.

Meanwhile, do her a backup disk - just in case. Too many things can happen to computers for important data not to be backed up.

Be sure she checks her credit report about once a month to insure they do not give her a negative report for this.

Since they gave her a free laptop, as opposed to leasing it to her, I think it's fair to say the laptop is hers.

If they subsequently cannot fulfil the service agreement, that is their problem. Title to the laptop passed to your aunt. Unless it's specifically mentioned in her contract, she may dispose of it as she pleases. If, for example, she gave it away, that's her right.

Carphone Warehouse may try it on, but they know they're on a losing wicket on this one, and merely playing on your aunt's supposed ignorance.

Copy all the data to another disc and then reformat it, if you can't do it your self find a friend who can, if she has only such things as addresses and the personal file then you may be able to store it onto a USB key so then she can transfer it back to another computer when she wants, I would do that any way as you will probably have to give it back.

They have cancelled there contract to her and that would be looked at as fair. Write a letter stating that she has been messed about by them and is keeping this as they have caused her a lot of distress and upset. Say she has made numerous phone calls to their premium rate number but has not been refunded for her efforts.

That should do it!

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