Where do I stand? - bought dodgy laptop
Where do I stand? - bought dodgy laptop
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Discussion

Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Saturday 28th January 2023
quotequote all
I bought a new laptop from a well known brand in Dec 2021. The warranty was a year but due to endless issues they extended it by 3 months to March 2023.

To give you an idea, installed software never worked, they refunded and I bought direct and installed. Endless issues with it not booting up, they have swapped RAM but problem persists. I have had dealings with maybe ten engineers, some have connected remotely. Essentially 13 months later the laptop still doesn't work. Their complaints dept are unsuccessfully dealing with it.

I feel as if the warranty is being run out of time so they can tell me to do one. It cost nearly £2k and is high spec. I have said several times I want my money back but no joy to date.

If the warranty ends before it is fixed where do I stand? How do I then get it fixed or get my money back?

Many thanks.

Bobupndown

2,748 posts

66 months

Saturday 28th January 2023
quotequote all
Reject it as not fit for purpose. CAB will be able to advise.

mcpoot

1,290 posts

130 months

Saturday 28th January 2023
quotequote all
Have you seriously never heard of the Consumer Rights Act?

Mojooo

13,287 posts

203 months

Sunday 29th January 2023
quotequote all
The warranty is separate from your rights under the CRA

You cannot 'reject' under the CRA anymore as 30 days have passed and you should have rejected after the first repair.

But you can seek an alternative remedy which is
- repair
- replacement
- full refund or partial refund

Canon_Fodder

1,775 posts

86 months

Sunday 29th January 2023
quotequote all
OP if you bought on a credit card then they will be able to assist if whoever you bought it from plays up.

As above they have had ample chance to repair and failed so replacement or refund ar their options.

Document everything into a timeline of all the faults, 'repairs' and correspondence, ready to present to your CC company if necessary

Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Sunday 29th January 2023
quotequote all
Mojooo said:
The warranty is separate from your rights under the CRA

You cannot 'reject' under the CRA anymore as 30 days have passed and you should have rejected after the first repair.

But you can seek an alternative remedy which is
- repair
- replacement
- full refund or partial refund
Thanks for your helpful reply. I am aware of CRA but as the company becomes uncommunicative when I say I want my money back I am not clear what the next step is. Does CRA require some sort of form to be submitted to some government agency when it gets to this stage or must I submit some written request direct to the company... but what if they don't respond? Then what?

Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Sunday 29th January 2023
quotequote all
mcpoot said:
Have you seriously never heard of the Consumer Rights Act?
Yes I have. Not sure why you need to be patronising? As the company becomes uncommunicative when I say I want my money back I am not clear what the next step is. Does CRA require some sort of form to be submitted to some government agency when it gets to this stage or must I submit some written request direct to the company... but what if they don't respond? Then what?

Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Sunday 29th January 2023
quotequote all
Canon_Fodder said:
OP if you bought on a credit card then they will be able to assist if whoever you bought it from plays up.

As above they have had ample chance to repair and failed so replacement or refund ar their options.

Document everything into a timeline of all the faults, 'repairs' and correspondence, ready to present to your CC company if necessary
Credit card is an excellent point, thanks.

Canon_Fodder

1,775 posts

86 months

Sunday 29th January 2023
quotequote all
Scarletpimpofnel said:
Credit card is an excellent point, thanks.
If you go that route you just need to have reached the end of the road with the seller's complaints procedure (no reply from them or endless wibble will do) and then submit your section 75 claim.

I've done a few of these all successful.

If you haven't already done so I suggest writing to the seller demanding a replacement or a refund within 14 days and take it to the CC co. if the seller doesn't comply

kestral

2,131 posts

230 months

Sunday 29th January 2023
quotequote all
Scarletpimpofnel said:
I bought a new laptop from a well known brand in Dec 2021. The warranty was a year but due to endless issues they extended it by 3 months to March 2023.

To give you an idea, installed software never worked, they refunded and I bought direct and installed. Endless issues with it not booting up, they have swapped RAM but problem persists. I have had dealings with maybe ten engineers, some have connected remotely. Essentially 13 months later the laptop still doesn't work. Their complaints dept are unsuccessfully dealing with it.

I feel as if the warranty is being run out of time so they can tell me to do one. It cost nearly £2k and is high spec. I have said several times I want my money back but no joy to date.

If the warranty ends before it is fixed where do I stand? How do I then get it fixed or get my money back?

Many thanks.
You have let this run for a long time.

The question is 'when' did you aks for your money back, as that is the point at which you can start to push for the refund from, not now.

There will be issues with this on both sides, as said speak to someone from CAB who you can go through the whole thing in sequence with them.

Mojooo

13,287 posts

203 months

Sunday 29th January 2023
quotequote all
Scarletpimpofnel said:
Mojooo said:
The warranty is separate from your rights under the CRA

You cannot 'reject' under the CRA anymore as 30 days have passed and you should have rejected after the first repair.

But you can seek an alternative remedy which is
- repair
- replacement
- full refund or partial refund
Thanks for your helpful reply. I am aware of CRA but as the company becomes uncommunicative when I say I want my money back I am not clear what the next step is. Does CRA require some sort of form to be submitted to some government agency when it gets to this stage or must I submit some written request direct to the company... but what if they don't respond? Then what?
Your rights under the CRA form part of the contract so if you feel you have the rights (research what they are and when they apply) then you will need to pursue via the county court if you cannot come to a satisfactory agreement with the business

Look on the Citizens Advice website - they have free sample letters you can send. You should send at least 1 letter before court action to make it clear what the issue is, what you want and a reasonable deadline - after that you can proceed to court.



Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Sunday 29th January 2023
quotequote all
Excellent advice all thanks very much.

mcpoot

1,290 posts

130 months

Sunday 29th January 2023
quotequote all
Canon_Fodder said:
If you go that route you just need to have reached the end of the road with the seller's complaints procedure (no reply from them or endless wibble will do) and then submit your section 75 claim.
The CC is Jointly & Severally Liable and you can submit a Section 75 claim at any time, you do not have to reach the end of the road with the seller's complaints procedure.

Canon_Fodder

1,775 posts

86 months

Sunday 29th January 2023
quotequote all
mcpoot said:
The CC is Jointly & Severally Liable and you can submit a Section 75 claim at any time, you do not have to reach the end of the road with the seller's complaints procedure.
You may well be right.

I have found it helpful to do so and I believe it will lead to a quicker resolution for the OP if he can show the CC he's taken reasonable steps to get a refund from the seller.

mcpoot

1,290 posts

130 months

Sunday 29th January 2023
quotequote all
Canon_Fodder said:
mcpoot said:
The CC is Jointly & Severally Liable and you can submit a Section 75 claim at any time, you do not have to reach the end of the road with the seller's complaints procedure.
You may well be right.

I have found it helpful to do so and I believe it will lead to a quicker resolution for the OP if he can show the CC he's taken reasonable steps to get a refund from the seller.
Maybe so but the OP has stated "the company becomes uncommunicative when I say I want my money back". It appears they are giving him the run around so I think it's time to contact the CC.

Canon_Fodder

1,775 posts

86 months

Sunday 29th January 2023
quotequote all
If they're not responding then that meets my definition of having reached the end of the road - as I mentioned above


mcpoot

1,290 posts

130 months

Sunday 29th January 2023
quotequote all
Canon_Fodder said:
If they're not responding then that meets my definition of having reached the end of the road - as I mentioned above
beer

Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Monday 30th January 2023
quotequote all
Just a short update for anyone that is interested... they have agreed to take it back again and if they can't fix it this time then refund it. I think it has some temperamental issue like a dry joint etc. Anyway I will see what they do. Thanks all.

Canon_Fodder

1,775 posts

86 months

Monday 30th January 2023
quotequote all
Have you got that in writing OP?

Have you agreed a period for which it needs to work (after this latest attempt) to qualify as being 'repaired'?

Scarletpimpofnel

Original Poster:

1,375 posts

41 months

Monday 30th January 2023
quotequote all
Canon_Fodder said:
Have you got that in writing OP?

Have you agreed a period for which it needs to work (after this latest attempt) to qualify as being 'repaired'?
Sort of! By email they say they will RMA the laptop and if they can replicate the fault then they will refund. After the last "repair" I sent a video of the fault so hopefully they can replicate it.

Good point about specifying a period for the repair to work. I may ask for a further 3 months on the warranty.