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Proving Inconvenience

I've been in contact with Currys about a problem with my laptop that is 5 months old and has now been confirmed by their CS/Tech Support that it is a hardware fault that needs the hardrive and mainboard replaced. I've been advised i'll need to send it away and be without it for about 21-28 days depending on part availability at the repair centre.

I'm a student and as such bought the laptop to do my course work on it, i have 2 very important pieces of coursework due in March and really can't be without the laptop and explained this to them but it fell on deaf ears and they continually pushed for repair which puts me in a predicament so advised them that this would be a major inconvenience to me which they stated i'd have to prove....when asked how i prove it they couldn't give me an answer. I'm also baffled why they can't just replace the laptop for me when they are going to carry out a repair that will replace half of the laptop anyway

how do i realistically prove the inconvenience? they have booked the laptop to go for repair on the 1st March despite my protests and told me that i had no rights to a replacement under SOGA despite section 48 stating i do.
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Comments

  • Surely under the sale of goods act you are entitled to a replacement as it is not fit for the purpose it was sold.

    If you accept the work being done then you will have no chance to get it replaced.

    Check with consumer standards but I am sure you will get new one!

    Good luck:j
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    Surely under the sale of goods act you are entitled to a replacement as it is not fit for the purpose it was sold.

    If you accept the work being done then you will have no chance to get it replaced.

    Check with consumer standards but I am sure you will get new one!

    Good luck:j

    The SoGA states that affter a reasonable time for acceptance, the consumer cannot demand a replacement if it is disproportionately costly compared to a repair (basically the retailer can decide for a repair/replacement/refund).

    SoGA also says that any remedy must not cause undue inconvenience to the consumer. In this circumstancem as they are asking for proof, ask them what they would accept as proof of inconvenience? Maybe a schedule from you uni of deadlines etc
  • Sav1o
    Sav1o Posts: 16 Forumite
    OlliesDad wrote: »
    The SoGA states that affter a reasonable time for acceptance, the consumer cannot demand a replacement if it is disproportionately costly compared to a repair (basically the retailer can decide for a repair/replacement/refund).

    SoGA also says that any remedy must not cause undue inconvenience to the consumer. In this circumstancem as they are asking for proof, ask them what they would accept as proof of inconvenience? Maybe a schedule from you uni of deadlines etc

    when i was in yesterday i asked them and they said they didn't know, i asked them to ask their legal team...i was called today by the store and they hadn't bothered asking.

    i can get a letter from my course leader confirming that i have a number of assignments due and that it will inconvenience me but since they wont tell me if thats acceptable i'm stuck
  • Esqui
    Esqui Posts: 3,414 Forumite
    Aren't there computers at the university you can use in the mean time?
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Sav1o
    Sav1o Posts: 16 Forumite
    Esqui wrote: »
    Aren't there computers at the university you can use in the mean time?

    there are but its finding time to fit travelling to and from campus as i normally work around my lectures and they are only available until 8pm
  • gordikin
    gordikin Posts: 4,422 Forumite
    Libraries are an option.
  • Esqui
    Esqui Posts: 3,414 Forumite
    You are obliged, I believe to minimise the inconvenience to yourself. I know you have to minimise your losses on things SoGA related, I assume it's the same on inconvenience.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Esqui wrote: »
    You are obliged, I believe to minimise the inconvenience to yourself. I know you have to minimise your losses on things SoGA related, I assume it's the same on inconvenience.
    You may well be right Esqui.

    At the same time the vendor must also 'minimise the inconvenience', and if they are demanding proof, surely Currys must be able to state what they will accept as proof. That in itself is unreasonable, don't you think?
  • Esqui
    Esqui Posts: 3,414 Forumite
    I'd never ask someone to "prove" inconvenience. That just seems needless. It's often obvious when something causes significant inconvenience, such as a family of 5 having to wait a week for someone to fix a fridge.

    Here, I can see inconvenience, but 'significant'...maybe not so.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • Sav1o
    Sav1o Posts: 16 Forumite
    as a student i have to work to pay my bills, which means working around my lectures and with that its not during day time hours so it leaves me smaller windows in the evenings to do my work which by such time libraries and computer labs on campus are closed - if i take time off to go to the library or labs then i can't pay my bills, there's also the fact of travel expense to go use the computer labs.

    my worry is i've got a very big piece of coursework that i need to get a high grade on for access to my final year of my course which is due for submission the middle of next month - the fact that being without my laptop for 3 weeks when i need to be able to work on this is a significant inconvenience, its not just some small piece of work, its a potentially career affecting piece of coursework
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