Returning Laptop to Carphone Warehouse - Rights (UPDATED)

bignred05

Could someone please confirm my rights, or where I stand, I'll be brief

have just tried to return a "Faulty" laptop to CPW
it was bought on the 20.Oct.2009, however and I'm sure a tech wizz could prove this it was not actually opened & set up till 27,Dec.2009

now it has 3 faults, 1 according to the handbook looks like it is pretty serious
the other is a key (on keyboard sticking) this I've been informed would need to be fixed by dell , the third is a clicking noise when you shut it down

now I have spoken to Trading standards, who told me to take it back to the CPW for either a refund or for them to fix it, obviously I would now like a refund

however CPW have stated to me they can only issue a refund if its within 28 days, this I queried, (mentioning the local Trading standards)
anyhow I am now left with a faulty laptop, and trying to contact Dell in one of the call centres now doubt

I mentioned the sale of goods act, also I had spoken to my local T/S dept, however CPW insisted they where right with the 28 day rule

could someone confirm please

thanks

4743hudsonj

You are right you have the right to reject the goods. And as you have found out, the issue with this is proving when you first used the product. Luckily, as you say, this can be proved.

Simply going to My Computer, then clicking on your main hard drive (usually C: drive, then right clicking on the folder named "windows" and selecting properties from the drop down menu. A window should pop us showing a date and time the file was created. This should be when you set up the pc. Ergo proof of when you first set up.

Optimist

Its irrelevant when you set it up that was your choice. CPW are within their rights to offer a repair they could also offer a replacement or cash back but that is up to them at this point.

bignred05

4743hudsonj wrote: »

You are right you have the right to reject the goods. And as you have found out, the issue with this is proving when you first used the product. Luckily, as you say, this can be proved.

Simply going to My Computer, then clicking on your main hard drive (usually C: drive, then right clicking on the folder named "windows" and selecting properties from the drop down menu. A window should pop us showing a date and time the file was created. This should be when you set up the pc. Ergo proof of when you first set up.

thanks for a quick respone, and bringing me a slight bit of joy (bearing in mind my mood at the minute with CPW) I did mention this fact to the guy in the shop
but bearing in mind his stance, e.g. its Dell problem not there's

I also mentioned I will be contacting the CEO and the office this afternoon,this had no effect on him

thanks again

neilmcl

However, it's not the retailer's fault that you didn't use it within what would be classed as a reasonable time. I don't think you're going to get anywhere other than allowing CPW to sort out a repair for you.

olly300

bignred05 wrote: »

thanks for a quick respone, and bringing me a slight bit of joy (bearing in mind my mood at the minute with CPW) I did mention this fact to the guy in the shop
but bearing in mind his stance, e.g. its Dell problem not there's

I also mentioned I will be contacting the CEO and the office this afternoon,this had no effect on him

thanks again

With idiots like that you are probably best of communicating with head office via special delivery.

A threat of court action if you don't hear from them within 21 days with a final 7 day reminder after the 21 days will probably get the issue sorted out within a month.

bignred05

neilmcl wrote: »

However, it's not the retailer's fault that you didn't use it within what would be classed as a reasonable time. I don't think you're going to get anywhere other than allowing CPW to sort out a repair for you.

bearing in mind the general problems we all face when trying to contact call centres e.g press 1, press 4, press XX wait for XXX minutes

CPW tried to contact Dell on a totally different number that I had seen on the net, also bearing in mind there are several numbers, one of which Is a chargeable service

however CPW could not get through as they where closed, end result I'm sat here with a faulty laptop

looks like the rest of my day will be writing to head office now

4743hudsonj

Optimist wrote: »

Its irrelevant when you set it up that was your choice. CPW are within their rights to offer a repair they could also offer a replacement or cash back but that is up to them at this point.

This would the case but given the circumstance (xmas) people like the op are able to argue that its reasonable to reject the goods months after purchase.

I have personally succeeded in a claim like this so i know its possible. As ever though difficulty (usually enough to negate a claim) comes in proving it, but with a computer, files have creation dates which act as proof.

The_Pedant

I do not believe you would be able to reject the goods after such a time has passed. Rejection of goods must be performed within a reasonable period of time. Section 35(4) of the Sale of Goods Act states:

The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

After a couple of months have passed, I would say it is more than reasonable to say the goods have been accepted. The only remedy therefore is to take it back to CPW and allow them to decide whether to repair, replace, or refund. From what you have said, they have chosen the former and unfortunately, that choice is the only one they are obliged to offer.

bignred05

The_Pedant wrote: »

The only remedy therefore is to take it back to CPW and allow them to decide whether to repair, replace, or refund. From what you have said, they have chosen the former and unfortunately, that choice is the only one they are obliged to offer.

they have not done this though, as I am sat here typing a letter to the CEO with my laptop still in its box, they advised me to contact Dell to fix it

according to CPW they only have to refund if it was returned within 28 days, could someone confirm this please, also like I mentioned earlier this has only been used for 2-3 days before the problems occurred

this is despite my local Trading Standards telling me its CPW responsibility

olly300

bignred05 wrote: »

they have not done this though, as I am sat here typing a letter to the CEO with my laptop still in its box, they advised me to contact Dell to fix it

according to CPW they only have to refund if it was returned within 28 days, could someone confirm this please, also like I mentioned earlier this has only been used for 2-3 days before the problems occurred

this is despite my local Trading Standards telling me its CPW responsibility

Many retailers pass you off to the manufacturer if there is an issue however if the issue persists the retailer can then wash their hands of it, meaning you cannot get it repaired or replaced by the retailer.

Therefore get it in writing from CPW that you need to take the matter to the manufacturer. You are probably going to have to threaten them with court action as they don't have the best Customer Service record. And in future if you are buying a laptop try and buy it from the manufacturer directly.