Very catalogue not responding - what now?

Starsphinx wrote: »

They keep that well hidden - its the first time I have seen it. No doubt the catalogue will claim they are just asking for further information in saying that the report I have is not sufficiently detailed but I do not have the money to pay for the level of detail they are asking. As far as I understand it the matter is a simple the laptop was faulty I am entitled to a full refund and am not obliged to accept a repair.

They can say what they like, it doesn't mean they are right. (They are wrong, as others have said, to say you need to show what caused the fault as the laptop was less than 6 months old.)

I am not sure if you are planning to write directly to FOS now.

If you want to give the company one last chance you could send a final letter following the company's own complaint procedure claiming £x (being the refund for the laptop and the cost of the report) . (In other words just write up what you have already said in this thread and include a copy of your report. Don't bother getting any further reports, you don't need them. Maybe take some photos of the screen showing the problem, if you can clearly capture the problem in a photo.)

You could (I would) also add to your complaint that you believe they have handled your complaint [very] badly by not highlighting their formal complaint process despite your clear expression of disapproval and insisting you get a report to show what caused the fault when this goes against your statutory rights (as the item was less than 6 months old). Therefore you are seeking a further [£25] compensation to cover the extra time and effort you have had to spend dealing with this matter because of their failure to treat you fairly when you first contacted them. You could (I would) also add that your claim for compensation will increase to [£50] if you are forced to submit a complaint to FOS because that will require further time and effort, and delay in getting a fair remedy.

PS I have not fully read this thread so the above may not fully reflect the facts of your case, so ignore anything that does not make sense.

Starsphinx wrote: »

Am I entitled to a refund

I believe so provided the laptop is faulty and the retailer has already had a chance to repair it and failed to do so. If the retailer is disputing either it is faulty now or is disputing it was faulty when they (or their agents) previously looked at it then it will be up to Financial Ombudsman Service (FOS) or a judge (if it goes to court) to decide.

or do I have to accept the repair - if one is even done considering that the manufacturer cannot see a problem with it - and still pay for the machine which has been of no use to me. I obviously cannot get a return on the one I bought as a replacement as it has been used and there is no problem with it.

Normally you cannot insist on a refund if the item is faulty except (1) if you notify the retailer of the fault within 30 days and show the fault was inherent (i.e. the onus is on you showing that the fault existed when you bought the item and not just that the problem exists now) (2) if the retailer has already been given a chance to repair and/or replace and their repair/replacement failed.

FOS will also consider whether you have been treated fairly as well as the strict legal position. So there may be circumstances where they would decide a refund was appropriate even if it is not strictly required legally.

Unfortunately you need the deadlock letter (or eight weeks to have passed) before you can go to FOS. I suggest you write again explaining why their response fails to meet your needs, and reiterate your demand for a full refund or a deadlock letter.

Starsphinx wrote: »

They are still giving me the run around. Since I asked for confirmation of deadlock they have re given me the instruction to phone the manufacturer helpline. I told them I had done so and the manufacturer had had the laptop sent to them and claimed there was no problem. Very then asked for the case number which I gave them and have just emailed back to tell me that the manufacturer had not seen the laptop since 2016 so to contact them. I have repeated that the problem was there when it was sent to the manufacturer the first time which then denied and that nothing had changed since then except me paying to have the existence of a fault confirmed independently.

Does the 8 weeks start from when I first contacted either acer or Very about the problem because that was in December way more than 8 weeks ago or from when I made it an official complaint in which case I presumably have another 3 weeks of the catalogue refusing to confirm deadlock and telling me to contact manufacturer even though that has already failed.

It is 8 weeks from when it was clear you were complaining about the financial company. So, I am not sure, but that may just be from when you first mentioned you were making a section 75 complaint (or even when you first expressed dissatisfaction with the way they were handling your s75 complaint).

I would be making clear I was adding to my complaint every instance they failed to treat the complaint properly e.g. by asking for information that I had already supplied or by using any other delaying tactics.

Starsphinx wrote: »

Guess I have a few more weeks of complaint football then

Afraid so. But if you make clear you will also be adding to your complaint any further failures to treat your complaint properly and efficiently then they may give you a final response/deadlock letter sooner.

PS If they don't settle and your case goes to FOS then there will be a further delay until they deal with it.