PC WORLD will not refund my faulty laptop purchase!

EmiLouize

Hi everyone

I bought an HP Pavilion laptop from my local Pc World branch using the reserve and collect in store service they offer on the 10th of June 2014. It worked perfectly fine for a little while but after only about 2 weeks it wouldn't turn on anymore. I rang their consumer support line and the guy I spoke to told me to do a power reset to see if it fixed the issue. Stupidly I did it, and it did.

One day after their 28 faulty returns policy expired I rang them again because it wasn't turning on again. They offered me a repair and the battery was identified as faulty and replaced.

When I received the laptop after not having it for 7 days, the screen was broken. I had to send it back again immediately and the LCD screen was replaced. My laptop was in an unusable condition or not in my possession for 10 days on this occasion.

Now, my laptop has refused to turn on twice since. The first time I rang them again and they offered me a repair which I thought was ridiculous seeing as it's had so many problems in such a short space of time, and I've not really even been able to use it. I rang my local store afterwards and the guy I spoke to said I could get a refund if I emailed him some details. I did, and a different guy (store manager) replied and said I wasn't entitled to a refund - only a repair. It turned on afterwards so I gave up, but today it won't power on again. The issue is intermittant so it's extremely irritating!

I really do not want this laptop anymore. I spent £400 on it when my only income is a part-time job whilst I'm studying. It's not fit for purpose at all and I've been extremely inconvenienced by it as well as the repairs service.

Please tell me I'm entitled to a refund

CoolHotCold

It's been two repairs in as many months, I think you'll be hard pushed to get a full refund.

I think that asking for an exchange will get you a better chance of returning the laptop.

agrinnall

I doubt if you'll persuade PCWorld to offer anything other than a repair, and by continuing to use the laptop you have accepted it so they are entitled to choose the remedy that they feel is best.

Have you thought about contacting HP to see if they would consider replacing it under their warranty?

Jakg

agrinnall wrote: »

Have you thought about contacting HP to see if they would consider replacing it under their warranty?

You may well find that it doesn't have a manufacturers warranty - it's cheaper (or at least, it's less risky for repairs to go wrong and therefore cheaper from a business sense) for people like PC World to setup one central repair centre, and then do all repairs in house and buy the machines cheaper without any kind of manufacturer backup / warranty.

Most laptops (except a couple of brands, e.g. Dell, Asus) are purchased and repaired in this way at PC World.

EmiLouize

So I'm not entitled to a refund even though the duty manager of the store said I could have one? And they also have a record of my phone call to report a fault BEFORE the end of the 28 day returns period. I don't want an exchange, I want my money back. I haven't hardly used the damn thing since I bought it because it always has problems and I just want to spend my money elsewhere. ��

EmiLouize

I didn't "accept" the laptop either. I've called them multiple times to complain that it doesn't power on and this is an issue it's had almost since I bought it. They just keep offering me repairs and that angers me because I paid for a brand new, working laptop not a refurbished one.

unholyangel

Acceptance usually occurs when a reasonable time has passed without you telling the supplier you're rejecting them.

A reasonable time for acceptance doesnt take into consideration time away for repairs, so how long in total has the laptop been out of your possession?

If you have accepted it, the above posters are right that you can request a refund but the retailer can refuse if disproportionately costly in comparison to another remedy (ie repair, replace). However, what I dont thinks been mentioned is that any repair should be carried out within a reasonable time and without significant inconvenience.

So you could try writing them a letter stating the goods do not conform to contract, they have tried to repair x times but repair has failed. Therefore they have been unable to remedy the breach within a reasonable time and because of this, you are requesting a full refund.

frugal_mike

EmiLouize wrote: »

I didn't "accept" the laptop either. I've called them multiple times to complain that it doesn't power on and this is an issue it's had almost since I bought it. They just keep offering me repairs and that angers me because I paid for a brand new, working laptop not a refurbished one.

'Acceptance' is a specific concept from the Sale of Goods Act, so don't take the colloquial meaning when we use that term. There a set of conditions that trigger acceptance, the most common of which is the passage of a reasonable amount of time. Basically the Sale of Goods Act says that if the goods you bought do not conform to contract and acceptance has not yet occurred then you can reject the goods for a full refund.

There is no strict definition of a reasonable length of time, but I believe upcoming legislation is going to give a minimum of 30 days so I will take that as being reasonable in this case (especially since it is very similar to PC Worlds 28 day policy).

Now clearly you are well beyond that 30 days, but the Sale of Goods Act also says that if instead of insisting on a refund you instead accept a repair or replacement, then that does not trigger acceptance. You haven't lost the right to insist on a full refund. Once it is returned after repair you still have a reasonable period of time to ensure it conforms to contract.

So the question is, has acceptance happened in your case? Some posters here will say it has, but I think there is a good case to say it hasn't since it appears to me the laptop has not been fault-free for a reasonable period of time.

(I started writing this before I noticed unholyangel's post, which is also a good point).

EmiLouize

I insisted on a refund straight away but was only offered a repair. I argued with them about this but they said I couldn't have my money back. I've rang them and emailed them numerous times to continue complaining about the faults I'm experiencing with this laptop, each time asking for a refund, but they've never obliged.

The repair service took 7 days each time so I was without my laptop for 14 days. Then when it was returned the second time I couldn't use it. It arrived back to me on a Monday and they didn't collect it till Thursday so it was unusable for those days as well. All of this occurred between the end of June till the middle of July. I gave up insisting on a refund because they constantly messed me around and told me different things. But now it doesn't power on again. Surely this laptop was sold to me as unfit for purpose seeing as it developed the fault around 2 weeks after I purchased it?

agrinnall

Yes, but if they fix it then it will be fit for purpose.

You'd have stood a better chance of a refund if you'd come here when you first asked and they refused (obviously hindsight is wonderful, you weren't to know at that time how much difficulty you'd have).

unholyangel

EmiLouize wrote: »

I insisted on a refund straight away but was only offered a repair. I argued with them about this but they said I couldn't have my money back. I've rang them and emailed them numerous times to continue complaining about the faults I'm experiencing with this laptop, each time asking for a refund, but they've never obliged.

The repair service took 7 days each time so I was without my laptop for 14 days. Then when it was returned the second time I couldn't use it. It arrived back to me on a Monday and they didn't collect it till Thursday so it was unusable for those days as well. All of this occurred between the end of June till the middle of July. I gave up insisting on a refund because they constantly messed me around and told me different things. But now it doesn't power on again. Surely this laptop was sold to me as unfit for purpose seeing as it developed the fault around 2 weeks after I purchased it?

Did you read my other paragraph about sending them a letter saying they'd failed to repair within a reasonable time and requesting a refund on that basis?