Faulty Laptop Refund/replacement

andyb4585

Hi, this may go on for a while so get comfy.

I bought a laptop from an online retailer 11 months ago and it developed a fault with the screen. I sent it back for their 'technicians' to look into repairing it, but the answer came back that it was irrepairble, so the set me up a new order for the same item, nice and simple, I liked that. Turns out now that that particular model is no longer available through their website. When I questioned this (through their own emailing system) about what would happen if I couldn't get the same model; I received an email saying it was out of stock and they had given me a partial refund, nearly £120 less than what I paid for it. When I phoned up to complain about my lack of choice of how I want it dealt with (refund, repair or replace) I got quoted the Sales of Goods act or whatever that talks about a partial refund. I explained I wanted a replacement with the specification as the laptop I'd bought or that I would like my laptop back to directly deal with the manufacturer over the issue. I was then told over the phoned that I could not have it back, as it had been disassembled and its parts stripped for recycling. I laughed over the phone, I could not believe this, I'd never heard of anything like this before in my life. Is it common? After a lenghty letter to their Customer Service Manager I got a letter sent back to me saying the offer still stood and dismissed most of the other points I made (about the dismantling etc) ignoring the fact I'd even brought it up.

Whats my next step? I found the offer derisory and I'd prefer to have it back to deal with the manufacturer directly. I see the fact that as they won't give me my laptop back, and that I haven't accepted their refund offer, that its theft? Or is that going way over board?

Cheers guys,

Andyb4585

Esqui

How much did you pay for the laptop in the first place? And how much is an equivalent model now?

andyb4585

I paid £774.06 and an equivalent spec from the same manufacturer is £749 on sale. Although on the new one it doesn't have as good a processor but a better graphics card. Surely they can't just destroy my possession and say your getting this much for it.

visidigi

12 month warranty? Or was it less?

andyb4585

12 months I'm guessing, I bought it from new and it was sealed. I did check the HP warranty and it stated that it expired in February, which I found interesting but surely thats not my problem? I bought it the end of may/beginning of june. It appears to me that their trying to fob me off because their warranty is void but that shouldn't affect me. When I mentioned this they didnt have an answer.

meerkatsmimm

hi,
firstly the retailer cannot dismantle your laptop without first ascertaining what you wish to do with it. it you had decided to get it repaired for a cost of £500 they would be liable for paying towards that, just as if you insisted on a refund then you are entitled to it. i am unsure of what part of the SoG act they believe allows them to under refund you - my understanding that this reduction would kick in after the standard 12 month retailers warranty runs out.
i would register this complaint with consumer direct. they will no doubt advise you to write to the retailer and give them 7 days to answer your concerns correctly and also to explain why they refuse to return either your laptop or the full amount paid.
i had a big issue with tesco over a laptop i bought but i stuck to my guns, and after being fobbed off for 3 weeks i got it replaced, although it ended up getting refunded as it was faulty also. but the point is, know your rights, most customer service advisors don't know the law, they only know what the company they work for tells them is their policies.
hope you get sorted x

andyb4585

And if they say no? Where do I go from there?

meerkatsmimm

i'm no expert but i'd read up on the details of the SoGA...be well armed when you go back to them.
until you agree to a refund they cannot dismantle your item. you have the choice, refund, repair or replacement...they cannot make that choice for you....or at least that is my understanding...i'm sorry i can't help more

hcb42

I would insist on a full refund also.

easyhost

meerkatsmimm wrote: »

i'm no expert but i'd read up on the details of the SoGA...be well armed when you go back to them.
until you agree to a refund they cannot dismantle your item. you have the choice, refund, repair or replacement...they cannot make that choice for you....or at least that is my understanding...i'm sorry i can't help more

also as the item is your property in their care until you accept a refund, repair or replacement, then they have a duty of care to look after this. if they have dismantled this for recycling then it is criminal damage and i dare say when they say recycling they would use recycled parts to repair other machines sent to them, so this would be theft.

andyb4585

OP? Excuse my naiveity !