Refund Entitlement

SwiiftYz

I purchased a laptop from scan.co.uk just before Christmas and was left disappointed after I found that two keys were sticking, after pushing them down quite hard they began to work so I continued to use it thinking that it was just down to it being new. After a few more days the Q key stopped working completely and Z, C, V, N & M all began to stick every time I opened the laptop.

I contacted Scan and informed them of the issue, due to the fact it was the Christmas period I had to delay sending the item back until the new year. After they eventually received it and tested it they've reported that only one key was tested and that was "m" and "M" which were fine.

In the initial RMA e-mail I received from Scan it was noted that my RMA was down for a refund but now they've only tested one key and are saying it's not faulty they're trying to return the laptop to me and will also try to charge me for the returns fee as well.

Just as a precaution I made a video (which I can't post as I'm a new member), showing that the laptop wasn't working as expected. What are my rights here? They haven't noted it down as a repair and as I've had to wait to return it I'm no longer covered by the Distance Selling Regulations.

What are my rights here as I've never experienced a situation like this before?

SwiiftYz

I'm in desperate need for some help here and hope that I'm not warned for a double post but nearing 200 views and no help so I'm going to have to take a chance.

somethingcorporate

How did you pay?

If by credit card you're covered by s75 of the CCA.

More info here CLICKY.

bris

S75 is not going to help if they can't find a fault.

Op you need to contact someone before it's sent back and ask for it to be tested again. If they still insist it's not faulty then you need to get your own report from an independant engineer and present that to them, you can bill them for this.

Once an expert establishes the fault you can get the s75 involved if scan still refuse a remedy, by continueing to use it that remedy may be a repair rather than a refund though.

SwiiftYz

Thanks for the replies, I'll just update on what's happened.

I paid by PayPal so I'm not covered unfortunately & If further testing shows no fault (as Scan report) then I'll be even further out of pocket.

Scan said yesterday (15th January) that I could get a refund after I return the support disk (which It never had, It came with a recovery partition) after I told them that they said they would get back to me twice and never did.

Today, I've phoned Scan and been told that because there's no fault with the laptop that I'll be refunded minus 10% restocking fee. On their Diagnosis report it says they reformatted the laptop twice and there's no fault with the system and no fault was ever found? My video is proof of this fault, surely and I do want to get the extra money back as I feel I'm being ripped off and It's not my fault the item was faulty - irregardless of how they received the system back, when It left me it had a fault.

shaun_from_Africa

What date did you receive the laptop and when did you first contact Scan?
The Distance selling regulations give you 7 full working days (beginning the day after delivery) to inform the retailer of your wish to cancel the contract and get a full refund.
You don't have to return the goods in this time, just informing the retailer is enough, provided that this is done in writing. (letter or e-mail)

Another point is that you can open a Paypal dispute for goods not as described (providing that you can prove with online tracking that Scan have received the laptop back). You have 45 days from payment to open the dispute.

SwiiftYz

I received the laptop on 18/12/13 and contacted Scan by phone on the 20/12/13 to which they sent me numerous e-mails with RMA numbers and asking for the collection address ect.

I may have to go through PayPal as I'm less than happy at the 10% fee they're charging me.

philatio

Bit of a long shot, but if you live anywhere near Bolton I'd recommend going in to Scan to sort it out.
Their instore support is far superior to the phone/email support and you'd be able to demonstrate the fault to them over the counter.

SwiiftYz

Unfortunately I'm a good 3 hours from Bolton or I'd do exactly that, I've been a loyal customer to them for 10 years and never had a problem before so this is extremely aggravating.