Computer problems where do I stand?

money,saver_6

I bought a pc which had 3 years warranty on it and in this time it has done nothing but play up I am now near the end of warranty and it has broke down again so it is back for its 5th repair. I sent a letter asking for a replacement this time and not another repair as I feel it is not going to last and has not preformed as it should have.

am I within my rights to ask for a new one and do they have to give me one?

Thanks Marc

custardy

well you need to give more info but you are not within your 'rights' to get a new PC
what fault(s) has it had

4743hudsonj

custardy wrote: »

well you need to give more info but you are not within your 'rights' to get a new PC
what fault(s) has it had

Op could perfectly well be within their rights to a refund

BUT.....

whether he gets one, another repair or partial refund is up to the retailer and difficult sometimes to dispute

and even then whether they actually get one or not depend on the value of the goods and other details.

OP i need more info

dates boguht and repaired

cost

retailer

faults

can you prove them?

money,saver_6

4743hudsonj wrote: »

Op could perfectly well be within their rights to a refund

BUT.....

whether he gets one, another repair or partial refund is up to the retailer and difficult sometimes to dispute

and even then whether they actually get one or not depend on the value of the goods and other details.

OP i need more info

dates boguht and repaired

cost

retailer

faults

can you prove them?

dates boguht and repaired, Ibought it feb 07 cant remember the dates of repair but it has been back for a new mother board, power supply, new fan inside now the power supply has failed again they have a log of all the dates and what was wrong on there system think it is the 5th time now it has been back. sorry I cant offer more info on this

cost 399. tower only from Medion

retailer Aldi ( medion who I am dealing with at the moment tho)


can you prove them? I guess I can prove the faults as they repaired them and logged it in there system they told me this when I rang them yesterday.

bazster

money,saver wrote: »

dates boguht and repaired, Ibought it feb 07 cant remember the dates of repair but it has been back for a new mother board, power supply, new fan inside now the power supply has failed again they have a log of all the dates and what was wrong on there system think it is the 5th time now it has been back. sorry I cant offer more info on this

cost 399. tower only from Medion

retailer Aldi ( medion who I am dealing with at the moment tho)


can you prove them? I guess I can prove the faults as they repaired them and logged it in there system they told me this when I rang them yesterday.

You have absolutely no legal recourse with Medion so long as they have done what is stated in the extended warranty contract (which is most likely not with Medion anyway but with some insurance company). If it says they will repair it, then that's all you can expect.

Under consumer law your rights are all with respect to the retailer, which is Aldi in this case. But I can't think you are going to get any joy out of pursuing them over a three-year-old computer.

4743hudsonj

money,saver wrote: »

dates boguht and repaired, Ibought it feb 07 cant remember the dates of repair but it has been back for a new mother board, power supply, new fan inside now the power supply has failed again they have a log of all the dates and what was wrong on there system think it is the 5th time now it has been back. sorry I cant offer more info on this

cost 399. tower only from Medion

retailer Aldi ( medion who I am dealing with at the moment tho)


can you prove them? I guess I can prove the faults as they repaired them and logged it in there system they told me this when I rang them yesterday.

ok,

399 is quite good for 3 years

your certainly getting on the worse side of its expected working life


and seing as the faults seem fairly unrelated this only weakens your case as there doesnt seem to be an "inherent" fault, merely poor quality


The sale of goods act provides up to 6 years of protection for uk consumers

this 6 years though is subject to all factors including price paid, brand and usage etc.

so a £100 computer you would expect not vry long

a £300 with same spec you would expect to last much longer

soga (sale of goods act) reflects this

in your case, as i said, its very hard to determine how a judge would decide this

Soga enforces implied terms of "satisfactory quality" and "durability" (it does imply other qualities but these two are the ones applying to your case)

if a product is found to have not met these terms, the consumer is entitled to a refund/repair/refund(may be partial), this is not up for you to decide however, the company does. the usual procedure is around 3 repairs of the same fault before replacement in my experience. refund r partial refund is usually only given if the other two options are not economical.

Another important fact is that after the first 6 months, the onus is upon the consumer to PROVE their was an inherent fault, this is usually done with an engineers report for computers which you will have to pay for and will only reclaim in court if you won the case.


OH and also your case is ALWAYS with the retailer

NEVER the manufacturer

you need to redirect your complaints


its worth going to consumer direct for more info and guidance, be warned though, their advice is not that of judges, so dont take their opinions as certainties.


they do provide good template letters though.


personally, id not bother, you may not think so but its worth a try.

money,saver_6

Thanks for the advice everyone, I have been on the phone today and they said if it has a fault they have put it down as replacement. I got the guys name as refrence to what was said so I think I may be in luck, fingers crossed.

money,saver_6

bazster wrote: »

You have absolutely no legal recourse with Medion so long as they have done what is stated in the extended warranty contract (which is most likely not with Medion anyway but with some insurance company). If it says they will repair it, then that's all you can expect.

Under consumer law your rights are all with respect to the retailer, which is Aldi in this case. But I can't think you are going to get any joy out of pursuing them over a three-year-old computer.

Just thought I would update here if anyone was interested . Medion have replaced my pc with a brand new one twice the spec of the old one. Good result there I think.:D:D:D