faulty laptop

jayray2695

Hi, I am posting this on behalf of my sister who bought a hi grade laptop from a catalogue 18 months ago, she never took out insurance on it and even if she did it would have been out of date now anyway, she put it on one morning and nothing happened, thing was totally dead. she contacted the catalogue who told her to send it back to them to check, when they replied they told her it was her fault as it had been dropped it. My sister is a 50 year old (sorry sis) and took great care of the laptop, no downloading of films, games, anything just general browsing. where does she stand on this they are saying that she still has to pay the balance. I also bought the same one a few months later and am wondering if anything happens to mine how do I stand also, it seems these electrical items dont have a great life and someone told me that they put chips in them to break down within 2 years so we the consumers have to keep buying new ones. she paid about £500 for it, surely it should have lasted more than 18 months. could anyone give any information about out of date warranties for these items. thanks in advance. the catalogue could have dropped it and blamed it on her just to get her to pay up.

BaldacchinoR

Regarding being out of warranty, the common (case) law on faulty goods is well established under the Sale of Goods legislation and you can ask for a repair up to 6 years after buying the product. That is your statutory right. With this type of product, it may become obsolete as a model within 2/3 years so you may be offered a replacement instead of a repair. That's up to the supplier - getting a replacement is not part of the statutory right. The actual length of time applicable in a particular case depends on how long it would be expected to last bearing in mind various factors including how much you paid for it, how much it has been used (e.g. has it had above average use?) and the type of product it is. How long should a laptop with average (or below average) use last if it cost £500? 5 years maybe?

Some legal advice might be helpful. You or your sister may have an insurance policy - car or home for example - which includes a telelphone lawyer advice service. Or you could contact the Citizen's Advice Bureau but they will take longer.

If it was dropped there should be some marks on it. If there are, you need to insist that there were none when it was returned. Your sister should get it back off them now and examine it - after all it is her property and they have no right to keep it.

How was the laptop paid for - by credit card? If so, see MSE's article about section 75 of the relevant Consumer Credit Act which allows you to claim against the credit card company (instead of the supplier) if the value was over £100.

You may make a claim in the small claims court, in which case, if section 75 applies, you can make the claim against both the supplier and the credit card company, so that you might win against either of them. The credit card company and the supplier - both should be warned before taking them to court - may pay up to avoid court action. Or either may not respond to the summons and your sister could ask for judgement by default, in which case that party may then pay up. Ask for more advice when you speak to your legal experts.

Good luck with your case.

4743hudsonj

BaldacchinoR wrote: »

Regarding being out of warranty, the common (case)

Case law isnt the the same as legislation;) So not sure what you meant to say there

BaldacchinoR wrote: »

That's up to the supplier - getting a replacement is not part of the statutory right.

The statutory remedies are Replace, repair, (partial) refund. Its technically up to the consumer, however the seller may reject if it is disproportionately costly in comparison to other remedies.

BaldacchinoR wrote: »

How long should a laptop with average (or below average) use last if it cost £500? 5 years maybe?

You have just said its dependant on many factors so speculating is no use without the laptop specs etc.

BaldacchinoR wrote: »

Some legal advice might be helpful

Bad advice, costly and useless as if anything, its a small claims court case so no lawyers needed.

BaldacchinoR wrote: »

How was the laptop paid for

Its a catalogue order, and the ops sister has a balance remaining, so its a credit account purchase. Therefore s75 applies.


I notice you failed to mention that under the SOGA the op's sister is responsible for proving its an inherent fault and not accidental damage/missuse.

Everything else stands.

BaldacchinoR

The broad legislation is made by Parliament. The finer detail is determined by judges in court cases which is known as case or common law or precedents.

There is no right to a replacement or a refund under the 6 years provision I was talking about; you took my comment out of that context. Whether a right to a replacement or refund is available otherwise, I am not sure; I am doubtful. Hence my suggestion to obtain legal advice from a telephone lawyer under an insurance policy or the CAB, neither of which costs anything, so you took my quote out of context again! Thus your point about expensive legal advice is not appropriate. It is misleading to say or imply that you don't need legal advice if its a small claims court case. The proceedure is not simple or cheap so you want to get your case as right as possible - insofar as anyone can with the law! - before you make a small claim.

My speculation was to give an example of what could apply, in order to be helpful. Again, free legal advice can help with this.

OK, I did not appreciate we are talking about a mail order catalogue. Hence my question about how it was paid for. You can make payments by debit or credit card to a mail order catalogue.

I accept your point about having to prove its a manufacturer's fault, as she has had the item for around 18 months.

Sorry I did not cover every aspect of this case and thanks for helping with your comments.

4743hudsonj

ITs not the fact that you did/didnt cover all aspect. You made some comments that the op could of taken on the wrong way.

I aslo know the distinction about legal precidents and legislation, but it seemed you didnt in your first post, which could confuse a novice.

From your advice the op could take away that they need a laywer, that its an expensive process (its not, its fast and cheap), they cant have a replacement etc.

So if i who knows about these things can take them out of context, surely the op can? You need to make it clearer if thats what you "meant" to say.

jayray2695

thanks to all who replied, yes I am a novice and still a bit confused about replies, but thanks anyway, i think the best bet is to go to the cab for information. cheers

4743hudsonj

jayray2695 wrote: »

thanks to all who replied, yes I am a novice and still a bit confused about replies, but thanks anyway, i think the best bet is to go to the cab for information. cheers

Go to the finance providor and say you would like to make a section 75 (the consumer credit act) claim for a refund of the laptop.

This act makes providers of credit jointly and severably liable to the retailers.

This only applies to purchases totalling over £100 (but only requires part by credit ). This isnt an issue though as a laptop is obviously worth more.

This is the best and easiest course of action to follow. If you want more info see MSE's section on it.

nearlyrich

I love how people think IT vendors put "chips" in to make them break after 2 years...

4743hudsonj

nearlyrich wrote: »

I love how people think IT vendors put "chips" in to make them break after 2 years...

Mmmmm chips.

Im surprised they last 2 years with all that oil and salt over the motherboard.