Returning A Faulty Hard Drive

graham1973_2

Hi All,

I have a question about my rights as a consumer.

I bought some components to build a pc at the beginning of April this year, the hard drive failed on Friday (less than 2 months old). I returned it to the retailer and was expecting an exchange.

I was told that as it was more than 28 days since purchase that it would need to be tested and returned to the manufacturer and they would either repair or replace it.

Now as far as I was aware, my contract was with the retailer and not the manufacturer.

Because my PC was not working and they could not tell me when it would be resolved I had no choice but to purchase another hard drive, I told them that I would require a refund on the original one as I do not need two. They told me that this would unlikely.

Where do I stand with this ? I feel they are trying make things more difficult and therefore costing me more money.

Thanks for any help with this matter

Graham

sporedude

under the SoGA they are offering to have it tested which will either result in a repair or replacement, And no, They do not have to refund you the money because you bought two. Sounds like standard practice to me.

Meepster

I'm sorry to say that they are fully entitled to send the HD away to be tested before offering a replacement, they need to ensure that it is indeed faulty and then give them the opportunity to rectify said fault. If it can't be be repaired, then they can offer you a replacement or at that stage you could demand a refund...

LeeSouthEast

Most manufacturers are pretty good on this and I'm sorry to say, is usually best to deal directly with them, bypassing the retailer. The last WD drive I had fail, they sent me (next day) a replacement drive, and collected the old one at the same time.

withabix

I agree with Lee.

Although your contract is with the retailer, under the SOGA they are entitled to choose a reasonable course of action (refund/repair/exchange) - in this case, sending it away is reasonable, as this is part of the repair action.

Dealing with the manufacturer is likely to be much quicker, as hard drive manufacturer's operate on the sausage factory basis - all they generally do is hard drives, so they tend to have a very quick exchange service ready to deal with the percentage of drives that fail, whereas retailers deal with thousands of different products, so are going to take longer.

Incidentally, you can't insist on refund or replacement - it's up to the retailer.

The retailer also isn't liable for consequential loss - ie if you choose to buy another hard drive to use in the time you are without the original one, it's not their problem.

graham1973_2

So once again the consumer is taken advantage of. A product less than 2 months old I would feel should be exchanged.

If I bought a kettle I wouldn't expect to have to send it back to the manufacturer.

I give up with the country and poor service we get.

Sorry just very frustrated at the moment, just seems that everytime you deal with a business they do their best to scr*w you.

withabix

graham1973 wrote: »

So once again the consumer is taken advantage of. A product less than 2 months old I would feel should be exchanged.

If I bought a kettle I wouldn't expect to have to send it back to the manufacturer.

I give up with the country and poor service we get.

Sorry just very frustrated at the moment, just seems that everytime you deal with a business they do their best to scr*w you.

Nobody is trying to scr*w you over. You are just being awkward and impatient.

Consumer protection in the UK is probably far better than anywhere else.

If you would prefer to have the protection of another country's consumer laws, why not order your goods from abroad instead??

If you bought a kettle, chances are that the retailer will exchange it, but only because that is the instructed policy of the manufacturer.

Meepster

graham1973 wrote: »

Sorry just very frustrated at the moment, just seems that everytime you deal with a business they do their best to scr*w you.

How are they screwing you? They have offered a perfectly legitimate and legal course of action to resolve your problem. Think of the costs involved to them for sending away (cost of postage, wages for someone to deal with it etc.)

For all they know, you could have damaged the HD (I'm not saying you have) and they need to be sure. More businesses are screwed over on a yearly basis than consumers ever will be.

Just because you don't like the course of action they are taking, doesn't mean it isn't morally right...

sporedude

graham1973 wrote: »

So once again the consumer is taken advantage of. A product less than 2 months old I would feel should be exchanged.

If I bought a kettle I wouldn't expect to have to send it back to the manufacturer.

I give up with the country and poor service we get.

Sorry just very frustrated at the moment, just seems that everytime you deal with a business they do their best to scr*w you.

Theres a chance it will be exchanged. And they didnt screw you over, You where offered the right course of action. And if you dont like that way this country works, Go find an airport, And go moan elsewhere.

needaspirin

Statutory consumer rights for goods and goods supplied with a service

The Sale of Goods Act 1979 (as amended), the Supply of Goods and Services Act 1982 and the Supply of Goods (Implied Terms) Act 1973 all provide the same statutory consumer rights in relation to goods. They state that goods and goods supplied with a service must:-

* match their description; and

* be of satisfactory quality; and

* be fit for their purpose.

Flowchart for resolving problems with goods






More here from Citizens Advice

http://www.adviceguide.org.uk/index/c_goods.pdf

graham1973_2

Thanks for the advice - Might take it just to get away people with pointless things to say lol