Pc-repair PC ih shop l lost my data – what can I do?

QI sent my brother’s laptop to a company called Platinum Computer Repairs to fix. Specific instructions were given to the shop not to lose emails or the family tree. Although I was assured this wouldn’t be a problem, the computer came back reformatted and missing vital data. Although Platinum has now sent a disc with some of the lost data, do I have a case for a refund? Duncan Reid

A It’s hard to say. Duncan does appear to have a verbal contract with Platinum, which would be binding if he can prove what was agreed to. However, it’s worth remembering that repair companies’ terms and conditions are likely to contain a clause that waives any substantial liability if data is lost or cannot be retrieved.

He would have a stronger case for a refund if he’d paid Platinum to save the data. It would then have been under an obligation as part of the service contract to retrieve and save what it could before reformatting and repairing the computer. In this scenario Platinum would have to refund Duncan what he paid, but not necessarily pay any damages for losing the data. For this, Duncan would have to prove the worth of the emails and files, and ask a judge to rule whether he should be compensated for their loss.

Our advice is to always baback up data, including images and emails. Duncan should also contact his internet service provider to check whether the missing emails are saved on its servers. If you want to avoid sending PCS to repair shops, read our ‘Don’t Pay For PC Repairs’ Cover Feature in Issue 483 (pictured).