what are my consumer rights? please help me.

haynrich

Hi everyone, i ordered a laptop from tiny two years ago on 3 years finance agreement. the laptop went back many times due to fault and then tiny folded. but the finace company took over the warrenty which i had also taken for 3 years. it got replaced and all was ok for a while except it kept getting too hot. then just before xmas the screen casing cracked and we were unable to close it due to the fear of causing more damage. no it wasnt dropped it showed signs of stress before it finially cracked. we called the finance company again to see what they said and the came and collected it to get it reparied. we had a call today to say that they were not going to fix it and not going to send it back as it was knackered. they have offered us another to buy???? for £600.... i am still paying finance for the one that i no longer have and will be for another year yet. what am i to do????? hope you understand if not just ask... i am feeling so mad but not going to speak with them again untill i can understand where i stand.
thanks in adavance
hayley

furrypolka

OK first of all the finance company are indeed responsible for your statutory rights under Section 75 of the Consumer Credit Act.

This part of the Act states that if goods cost over £100 and the consumer paid for the goods either in full or part with finance arranged by the trader or a credit card, then the finance company is equally liable for any breaches of contract by the trader (including supplying faulty goods).

Therefore, if the fault is not due to normal wear and tear (which is not covered), you can claim a repair or replacement from the finance company. As a repair is clearly not possible, you will be looking at a replacement item. If the laptop they are offering you is brand new, it is reasonable for them to expect you to make a contribution towards it as you have already had 2 years use of the old one and to have a brand new one now would leave you in a better position than you would have been had the old one not been faulty (if that makes sense!). However you shouldn't have to pay the full cost.

If a reasonable replacement cannot be found, then you can ask to rescind the contract - which basically means a refund less an amount for the wear and tear you have had from the laptop (you do have to allow for the fact you have had two years use).

haynrich

many thanks for your advice a cannot belive i have already had this one as a replacement now this one 6 months on has also gone. my bad luck or just rubbish supplied. they have had it for a third of the time i have had the contract so i am hoping that may help me also.
hayley

illuminate

Would have thought they were also completely in the wrong to refuse to return the faulty.

Even if it is unrepairable junk, its your irrepairable junk.

haynrich

i have no idea what to do.... do i carry on paying the finance? the origional laptop was around a thousand pound so still have 600 plus to pay yet.
hayley

furrypolka

Yes, carry on paying your finance as if you stop that you put yourself in the position where you can be sued for damages.

What is the value of the laptop that they have offered you for £600?

haynrich

they said it was around the same spec as the one that they have of mine. so it must be worth 600??? they said it was the best price they could do for the same spec. wish i had never used tiny now
hayley

furrypolka

Well if that's what it's actually worth you certainly shouldn't have to pay the full price. It's fair to ask for a contribution since you will be getting a brand new item when you would normally - if it hadn't been faulty - had a two year old one. But you shouldn't have to pay the full price.

gyzmo

Have a look at the Sale and Supply of Goods Act as well. Anyone guaranteing a product is legally obliged to fulfill those terms. It also provides protection taht you would not get under CCA.

haynrich

hi all i have heard back from them they have said that they have examined the item and they are saying it is accidental dammage!!!! it has never been dropped or so forth and has no dents or scratches. they have said to claim on my contents insurance. they have given me two weeks to make the discission to either:
1. take the laptop back as is, not much use as you cannot open and close it as broken on the hinge.
2. get it replaced for 600 pound and still pay the outstanidng finance?

if anyone is around that can add any more to this please help me as i cannot struggle on this stone age desktop for much longer lol..... hense why i had a laptop....
many thanks in advance.
hayley

haynrich

is anyone around who many be able to respond please???
many thanks
hayley