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Author Topic: Any one familiar with consumer rights/law?  (Read 288 times)

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Online emjaybee

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Any one familiar with consumer rights/law?
« on: October 01, 2018, 10:31:48 PM »
I'll be brief.

I bought an expensive (to me) laptop, custom built to my spec., from a well known company in Portsmouth a little over two years ago. Along with it I purchased a three year warranty package on a 'Return to Base' basis.

Four months ago it developed a fault, a blatant and easy to see fault involving flickering/blocking/striping of the display on startup and in use rendering the machine almost impossible to use.

I return the laptop as prescribed, they had it for over four weeks and returned it to me.

The fault returned within a week or two, I persevered using it for a while as I was desperate to get some stuff done before we went on holiday.

I returned the laptop, and received it back a couple of days after returning from holiday. I spoke to their engineer who said "We have had in running just fine all the time you were away."

The fault is still there.

It is being returned tomorrow.

Where do I stand, and what should I do if it does not get repaired this time?

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Online emjaybee

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Re: Any one familiar with consumer rights/law?
« Reply #2 on: October 01, 2018, 11:01:12 PM »
Thanks, but these won't be relevant as the laptop is over two years old and the issue is them not being able to repair it despite having a three year warranty.
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Offline Snowwolflair

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Re: Any one familiar with consumer rights/law?
« Reply #3 on: October 01, 2018, 11:26:12 PM »
It sounds like the display or the display drive circuit is failing and this will come and go before it fails completely which can take months.  This can be due to heat and other use factors which they are not testing for.  I think you are entitled to expect them to replace the faulty parts as repairing the original parts has clearly not worked.

Offline acko22

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Re: Any one familiar with consumer rights/law?
« Reply #4 on: October 01, 2018, 11:30:06 PM »
From what I understand your rights are to have the item repaired at their cost, the warranty my have condition saying that they will only ever repair once for the same repair.

However from what you are saying its a case that the have failed to carry out a proper repair in the first place therefore regardless of any condition they are still contractually obliged to carry out a proper repair.
(Note a proper and effective repair has to last a minimum of 12 months with what they class as reasonable use)

Should they fail to do so then you have every right to take them to trading standards for breach of contract (which was agreed when they took your money off you for the extended warranty), should that not encourage them to sort things out you can chase them through the small claims court to get your money back.

The issue is that I would say I am unsure of, is if trading standards or the small claims court should it get that far is what you can claim for. I don't want to say you would get the money back for the laptop as it is over 12 months after purchase and they can claim reasonable wear and tear and the 1 year statutory rights period. They may just be forced to repay you the extended warranty fee back because they have failed to meet their obligations on that.

Offline Trainfish

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Re: Any one familiar with consumer rights/law?
« Reply #5 on: October 02, 2018, 01:35:44 AM »
Personally I would advise them that if it's not repaired in a timely manner that you will take it to an independent repairer to obtain a quote to fix it. Then give them the option of paying for the repair or doing it themselves.
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Offline Mr Sprue

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Re: Any one familiar with consumer rights/law?
« Reply #6 on: October 02, 2018, 08:03:57 AM »
When you purchased the laptop did you:   a, Pay for it using a credit card?
                                                              b, Was the value of the laptop over a 100?

If your answer to both of those questions is YES then you should be covered by Section 75


Offline Paul-H

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Re: Any one familiar with consumer rights/law?
« Reply #7 on: October 02, 2018, 09:15:04 AM »
For warned is for armed as they say

Contact your or maybe their (if it's different) trading standards in advance and just their advice, I have always found them helpful and will give you advice on how to word any letters you need to write putting them on notice for any action you intend to take, most of the time that is all it needs, unless the business owner is realy arrogant or a cowboy in a ten gallon hat.

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Offline Steven B

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Re: Any one familiar with consumer rights/law?
« Reply #8 on: October 02, 2018, 09:23:36 AM »
It's probably worth taking a video (or at least some photos) of the screen not working properly; If they can see it not working they may be more receptive to replacing it, especially if they can't replicate the fault.

It's also worth telling them how you were using it at the time; If you use it on your lap which causes a slight twist in the case they'll never see the fault if all they ever do is put it on a work-bench.

Steven B.

Offline zopadooper

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Re: Any one familiar with consumer rights/law?
« Reply #9 on: October 02, 2018, 09:30:07 AM »
For warned is for armed as they say

Contact your or maybe their (if it's different) trading standards in advance and just their advice
Paul

I suspect the validity of that advise depends on where you are.  Here in Skegness it is not possible to contact trading standards directly.  You have to go through Citizens Advice, which can be tiresome.  My feeling is that you purchased 2 products - a lap top and an extended warranty.  I think you would be hard pushed to argue that 2 years is not a reasonable life for a piece of modern electronic consumer equipment but the terms of the warranty may be such as to win the day for you.

 

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