[Gllug] OT Suing Micro Anvika

Jim Bailey jim at freesolutions.net
Mon Jul 14 16:00:01 UTC 2003


Hi,

Just under a year ago I bought an iBook 2.2 from Micro Anvika which as
failed to run for more than a couple or three months without catastrophic
hardware failure.  Each time it has been exactly the same problem fan
goes into over drive and within moments my screen is unusable with jagged
horizontal lines and very rapidly it fails to boot entirely.

I have sent it back to apple twice and each time they replaced the logic
board and each time it has been returned it has died in exactly the same
way.

This time the third time I took it into Micro Anvika and demanded a
refund or a replacement, that was 13 days ago.  I phoned them last week
and they told me they were waiting for an answer from Apple today I call
them and they inform me that Apple are not going to replace the iBook and
that it is still sitting in their service centre off TCR.

I have informed them verbally that I intend to take legal action and
after being passed around various org finally got back to trading
standards Lambeth who advised me I need to take Micro Anvika to the
small claims court.  However if I fail I will be expected to pay Micro
Anvika's costs as well, so I need to make sure I have a good case.

The case I need to prove is that the iBook is unfit for purpose it was
sold for.

As far I can tell the following facts are in my favour.

The iBook has failed a number of times with the same problem, which
Apple have failed to resolve my reasonable satisfaction.

Apple boast in their PR that they now have the power of UNIX, as a *nix
admin, I believe I am right in expecting one of the powers of UNIX to be
its reliability, something sorely lacking in this case.

I have googled and found on half a dozen bloggs and home pages, people
having exactly the same problems with very similar iBook and receiving
exactly the same response from Apple's tech support and customer service
that I am having.

Against be I believe the following to be true.

I have had the machine for nearly a year.

I do get 2-3 months of trouble free use before it breaks.

I realise that there are not many lawyers on this list but I am hoping
that someone has been in a similar situation and can offer some advice
as to my best course of action and possibly tips for a successful
resolution.

I understand that any legal advise should be taken with a pinch of salt
from this list and will blame no one for giving me bum advice.

Peace Jim

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