carphone warehouse...faulty laptop

forestpottsy

Right, this is the position at present. I have been back to CPW and the manager is "off sick" so I had them ring HOffice. A manager there said it was outside his expertise and referred it to the legal dept who would get back to me within an hour (changed from 28 days in yesterdays conversation!!). 2 hours later (still good) I have had a phone call back. The point I had made to them was that I was rejecting the laptop as faulty. I also drew their attention to sect 48a of SOGA which states: "goods which do not conform to the contract of sale at any time within the period of 6 months..must be taken to have not so conformed" this basically negates their stance of after 28 days its not their problem. Also, my contract for the sale f goods was with CPW, not Fujitsu Siemens and therefore it is up to CPW to rectify and not Fujitsu as CPW are claiming.

As I cannot have a refund as it is tied in with the Orange contract, which we don't have a problem with even if its not what we wanted in the meantime, that leaves replacement as I have rejected repair as the goods are presumed to be inherently faulty. ( I am entitled to repair, refund or replacement).

In the same SOGA it states that CPW are liable for any consequential losses and damages arising from faulty goods. Whilst they have told me that they accept THIS PART of the act and have said they fully expect to be recompsing me for time, petrol etc, they are sticking with their 28 days. Barmy or what? Surely it would have been better PR etc and cost them less to just say heres a replacement go away and leave us alone, instead they are picking and choosing which bits they are going to adhere to.

This has now become a matter of principle and I am writing to the legal dept. this afternoon.

Watch this space.

forestpottsy

And just for the record, I haven't given anyone a piece of my mind, what for or anything else, I have been calm and polite, even when faced with a sales assistant yesterday with the biggest attitude problem I have encountered outside of a Terminator movie and a stroppy mouth to match.

Blacksheep1979

smcaul wrote: »

Oh believe me I have learnt a lot. And it is not up to the retailer to solely decide, it is down to the two sides to decide together. Acceptance really only means you can not have a refund, which in this case the OP is not asking for, they are asking for a replacement, which on a 2 month old computer is quite acceptable.

It is solely up to the retailer to decide what they want to do as long as they leave the customer 'whole'.

smcaul wrote: »

And to take your analogy further would you expect a refund on a new house if the boiler or a light did not work? So the type of goods and their value would make all the difference should it go before a judge. Which is why I originally pointed out that your analogy was a bit silly!!!

Not quite accurate that one as the boiler would be seen as an accessory and not a functional part of the house - now if one of the walls was sagging, then you're onto a closer fit.

Still need to learn to read though...

forestpottsy wrote: »

The point I had made to them was that I was rejecting the laptop as faulty. I also drew their attention to sect 48a of SOGA which states: "goods which do not conform to the contract of sale at any time within the period of 6 months..must be taken to have not so conformed" this basically negates their stance of after 28 days its not their problem.

As I cannot have a refund as it is tied in with the Orange contract, which we don't have a problem with even if its not what we wanted in the meantime, that leaves replacement as I have rejected repair as the goods are presumed to be inherently faulty. ( I am entitled to repair, refund or replacement).

In the same SOGA it states that CPW are liable for any consequential losses and damages arising from faulty goods. Whilst they have told me that they accept THIS PART of the act and have said they fully expect to be recompsing me for time, petrol etc, they are sticking with their 28 days.

This has now become a matter of principle and I am writing to the legal dept. this afternoon.

Watch this space.

I think before you write to a legal department that are well versed in the SOG act and it's little loopholes that you truely understand it before quoting it.

The section that you've quoted above merely means that if goods are faulty within the first 6 months it is assumed that they were faulty at purchase - nothing more.

As you've stated you're entitled to one of the three remedies - but you do NOT have the choice and if you go down this route you're going to cause yourself alot of time and stress for nothing. A laptop with a replaced panel is going to last as long as a new one - and as long as you've not done anything else to it that you don't like, I don't see why you wouldn't want to keep the same one with a replaced part - seems a little fishy to me...

forestpottsy wrote: »

And just for the record, I haven't given anyone a piece of my mind, what for or anything else, I have been calm and polite, even when faced with a sales assistant yesterday with the biggest attitude problem I have encountered outside of a Terminator movie and a stroppy mouth to match.

Sorry - that wasn't at all aimed at you it's just you get so many people on here who think the way to solve their problems are to go shout at some spotty teen with no authority to decide anything.

smcaul

You look at it your way Blacksheep, and I will look at it my way (but I do not think a boiler is an accessory!!). At the end of the day it would be for a Judge to decide, and I know which way my money would go in a bet!

forestpottsy

The reason I would prefer a refund Blacksheep is because I have no confidence in the unit itself being 100% fit for purpose, if it is breaking down now, what can I expect in future? Maybe I got unlucky and got one that was put together shoddily. My point is that there is no way it should be breaking down now. I certainly cannot afford goods like this as a matter of course and take extremely good care of expensive electrical items. My last laptop is around 10 years old and going strong, albeit very slow which is why I decided on a new one......which isn't fit for purpose as I cannot use it!!

Optimist

On the whole I tend to agree with Blacksheep on this. You have the right to request a replacement but if the supplier considers that is an option which is too expensive they can offer to repair the item which they have. However they must do this repair within a reasonable time and without causing significant inconvenience to you.

If you are going down this route and sticking out for a replacement I would suggest putting in your letter a time-scale i.e. 14 days in which to give an acceptable response after which you will go via the small claims route.

Given the costs involved to them to go this route they may decide to give in although don't bank on it, my daughter has been known to be booked by firms to represent them in small claims actions and although she is newly qualified as a barrister the charges are not cheap.

Blacksheep1979

but how do you know a new one will be any better? They will just swap out the defective screen for a new one - it'll have a new screen which will behave like a new laptops. Is it going to be worth the time and hassle for nothing more than paranoia?

smcaul

d.edna wrote: »

Did you pay any money for the laptop?

If it was part of the contract of sale it makes no difference if it was paid for or it was "Free".

Tozer

smcaul wrote: »

If it was part of the contract of sale it makes no difference if it was paid for or it was "Free".

Completely correct.

Argument about the car is stupid. If you had grounds to reject a new car then yes you would be entitled to a replacement new car or a refund.

mdbarber

it should also be stated that "acceptance" is a dynamic term, dependent on interpretation, and is also at contradiction with the concept of "rejection" as far as The SOGA, what a funny little law!