We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

What are my rights with this broken laptop?

I bought a laptop from a well-known large store, using a credit card. Not expensive not cheap.

Within a few weeks, the screen broke, no manhandling, I thought it must be down to it being fitted incorrectly or something and took it back to the shop. They were very flippant, told me I 'Must have dropped it', and told me they'd fix it but they'd charge me more than I'd paid for it.

I got it fixed privately.

Anyway, fast forward a few months and it blew-right in the middle of my using it. Didn't shut down or power off, just a small noise and gone. Won't turn back on.

What are my rights here?I called the store and they told me the warranty lies with the manufacturer and to call them. I did, and was told they'd email me some forms to fill in, I was to scan these and send them back-they'd collect the laptop within two days and would see if they could fix it.

I was having a whinge to a friend who told me that this isn't right, under the 'Sales of Goods' act, I am entitled to take it back to the store and they have to fix it for me-either by sending to manufacturer themselves or internally. My contract for sale is with the store not the manufacturer.

Is that right?

I'm sooo annoyed. It's been nothing but trouble and I need it for work. I'm thinking if this process is going to take weeks I may just be better off buying another. I lose money every day I can't work.

But I can't really afford to pay out for another either-and if they do fix it, after X amount of time-I don't need two and I doubt I'd be able to sell one of them.

TIA
«1

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 18 October 2014 at 11:48PM
    I bought a laptop from a well-known large store, using a credit card. Not expensive not cheap.

    Within a few weeks, the screen broke, no manhandling, I thought it must be down to it being fitted incorrectly or something and took it back to the shop. They were very flippant, told me I 'Must have dropped it', and told me they'd fix it but they'd charge me more than I'd paid for it.

    I got it fixed privately.

    Anyway, fast forward a few months and it blew-right in the middle of my using it. Didn't shut down or power off, just a small noise and gone. Won't turn back on.

    What are my rights here?I called the store and they told me the warranty lies with the manufacturer and to call them. I did, and was told they'd email me some forms to fill in, I was to scan these and send them back-they'd collect the laptop within two days and would see if they could fix it.

    I was having a whinge to a friend who told me that this isn't right, under the 'Sales of Goods' act, I am entitled to take it back to the store and they have to fix it for me-either by sending to manufacturer themselves or internally. My contract for sale is with the store not the manufacturer.

    Is that right?

    I'm sooo annoyed. It's been nothing but trouble and I need it for work. I'm thinking if this process is going to take weeks I may just be better off buying another. I lose money every day I can't work.

    But I can't really afford to pay out for another either-and if they do fix it, after X amount of time-I don't need two and I doubt I'd be able to sell one of them.

    TIA
    When did you buy it?

    Have you read MSE's Consumer Rights guide?
    It's full of good information which you will find useful.
    Just a short extract:
    Know who's responsible

    When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

    If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

    It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

    Also worth reading their How to Complain document.

    As you paid using a credit card, you might like to read MSE's Section 75 article too, but maybe that could wait 'til later.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did you purchase it for business purposes? When did you purchase it and how much was it?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • gik
    gik Posts: 1,130 Forumite
    Will the fact that a third party has taken it to bits to replace the screen possibly cause a problem?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gik wrote: »
    Will the fact that a third party has taken it to bits to replace the screen possibly cause a problem?

    Could - depends on the fault and whether the replaced screen is the cause of the "fault" or not.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Thank you for all the quick replies!

    I bought it from Scan (online) and collected it from their store.

    Gik, I thought maybe that would be the case. But maybe they won't remember/realise?

    Unholy-I bought it for both work and recreational, mostly recreational some work.

    Weal, I'll have a read of that. Very helpful! I'll post back.
  • Sorry Unholy, it was just under £300, but it was reduced if I recall correctly, and at the time I bought it from scan because this particular model was cheaper there than anywhere else. I didn't think I was buying cheap and nasty, but apparently I was probably wrong!
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 October 2014 at 11:15PM
    Thank you for all the quick replies!

    I bought it from Scan (online) and collected it from their store.

    Gik, I thought maybe that would be the case. But maybe they won't remember/realise?

    Unholy-I bought it for both work and recreational, mostly recreational some work.

    Weal, I'll have a read of that. Very helpful! I'll post back.

    If its within 6 months, it will be up to them to prove the fault isnt inherent. If its outside 6 months....it will be up to you to prove it is inherent.

    Not that I would advocate lying.....but I would be careful not to mention loss of earnings to the retailer.

    ETA: Since you paid by credit card and its over £100 (was pretty sure it was anyway but safer asking), you might want to speak to your card issuer about a section 75 claim rather than issuing court proceedings if the fault is inherent and the retailer refuse to do anything.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Okay good point!
    :) Well I'm self-employed whether that makes a difference or not I don't know. The reason It's bothering me so much at the moment is because I can't work, but other than that It's really annoyed me because overall, a new laptop should last more than 3 months.

    I don't know what to do now. I have the forms I need to ask the manufacturer to collect it but I feel like maybe I should take it into the store and tell them I bought it from them and under the consumer rights act, It's up to them to replace it or refund me?
  • gik
    gik Posts: 1,130 Forumite
    Okay good point!
    :) Well I'm self-employed whether that makes a difference or not I don't know. The reason It's bothering me so much at the moment is because I can't work, but other than that It's really annoyed me because overall, a new laptop should last more than 3 months.

    I don't know what to do now. I have the forms I need to ask the manufacturer to collect it but I feel like maybe I should take it into the store and tell them I bought it from them and under the consumer rights act, It's up to them to replace it or refund me?



    Or repair it.
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    While legally it is up to the retailer to sort it, they will probably just send it to the manufacturer anyway. If you have had bad service from them so far, it may be less hassle and effort to cut them out and go direct to the manufacturer yourself, especially as you have all the details and information you need already. It would probably result in a quicker turnaround as well.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.3K Work, Benefits & Business
  • 604K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.