Refund on ground of reasonability

killick_becki

I bought a laptop in March (didn't start using until April) and it broke in May, sent it back to the manufacturer and they replaced a part. It still wasn't working so i complained to the company i bought it off and after 2 letters they refused a refund but said i could return the laptop to them for a repair.
The laptop has been back to them twice over the summer and they are saying they can't find a fault with it. I've sent them photos of the error messages and they basically called me a liar (and that i tampered with the laptop to create the error) and said there is no fault with the laptop.
They are coming today to take it away again to see if they can find a fault again but i'm not hopeful.
After 3 returns (todays is number 4) and the laptop not working since May, i think i have grounds for a refund under reasonability.

The company says it can't give me a refund because 1) they can't find a fault and 2) they have a policy of repair and this has to be dealt with by the manufacturer.

I can't see myself getting anywhere with them as they seem content to have me keep sending it back and them not finding anything.

Is there an ombudsman (like the financial ombudsman) that i can complain to? If so, can people provide details as this is getting ridiculous.

Eagerly waiting,
Rebecca

Hintza

Are you sure it is not a software problem? Or something you have plugged into it that is cusing the issue?

These issues can be a nighmare to diagnose and sort sometimes. Mght be worth trying the techie board?

cyberbob

What does the error code say?

killick_becki

It is a faulty hard drive or controller. Definitely not a software issue as the laptop is restarting itself and others.

My question is not about the issue of the fault. It is about the fact that it has been back 3 times for the same fault and i'm wondering what i can do about this as a consumer, is there an ombudsman?

Optimist

killick_becki wrote: »

It is a faulty hard drive or controller. Definitely not a software issue as the laptop is restarting itself and others.

My question is not about the issue of the fault. It is about the fact that it has been back 3 times for the same fault and i'm wondering what i can do about this as a consumer, is there an ombudsman?

Restarting itself would seem to indicate it is getting too warm or a virus or other maleware. not sure what you mean by "others" I'm assuming it is very intermittent if the repairer cant find it

However to answer your question, no there isnt a ombusdman, there is however a small claims court and if you still have the same problem when it is returned your only option is to send a letter before action to the retailer. Give them 14 days to rectify after which take it to court and let a judge decide.

neilmcl

You could really do with getting some prrof that a fault exists, preferably by getting an independant report. This will either persuade the retailer to give you a remedy or, if it goes that far, back your claim in the small claims court.

killick_becki

I have photos of the fault and can replicate it, but apparently the tests (produced by the manufacturer) do not detect the fault. They have not tried to replicate the fault using the methods i have described to them.

Thank you for the answer that there is not an ombudsmen for the area, after how many complaints i have seen on this site and others, i think there should be. The way some companies treat customers is appalling.

I'm going to write everything down (in a factual manner) and send a letter to head office, maybe that will get me further. I'll keep everyone posted.

Equaliser123

killick_becki wrote: »

I have photos of the fault and can replicate it, but apparently the tests (produced by the manufacturer) do not detect the fault. They have not tried to replicate the fault using the methods i have described to them.

Thank you for the answer that there is not an ombudsmen for the area, after how many complaints i have seen on this site and others, i think there should be. The way some companies treat customers is appalling.

I'm going to write everything down (in a factual manner) and send a letter to head office, maybe that will get me further. I'll keep everyone posted.

Can you name the retailer?

Did you pay by credit card?

wealdroam

As you can reproduce the fault at will, can you not demonstrate that to the guy in the shop? Did you buy in a shop?

When he says "Oh yeah, I can see the fault", get him to return the thing.
Tell him to argue with the repairer until he is satisfied that the fault is cured.

Torby

what make is the laptop, where did you purchase from?

killick_becki

I did pay by Credit Card so i might be able to make a Section 75 claim.


I bought it online which is why i can't show them the fault. The website i bought it from was saveonlaptops.co.uk which is a subsiduary of Box Limited.
The laptop is a Fujitsu laptop.