Consumer rights regarding laptop repair

mrochester

Hi all

My Toshiba laptop developed a fault in July this year (almost exactly 6 months old at the time) which I got in touch with Toshiba about. The laptop was sent away to Toshiba's repair centre.

This resulted in a dispute with my credit card company as I believed the fault to be a manufacturing issue while Toshiba maintained that I had damaged the laptop. Barclaycard agreed to cover the cost of the repair so as to get the laptop back to me repaired.

The laptop arrived back and it had exactly the same fault I had originally sent it away for, but in a different location (screen bezel coming away from laptop body). I contacted Toshiba immediately, and they arranged for the laptop to be once again returned to the repair centre.

The laptop has now arrived back, and remains unrepaired with exactly the same issue I sent it away for on the second occasion. The documentation sent back with the laptop states 'No fault found'.

I have now been without my laptop for over 3 months in total and I'm starting to get mighty peed off with the issue.

Before I get back in touch with Toshiba again, can anyone tell me how many chances I need to give Toshiba to get this thing sorted, and what additional compensation (if any) I could reasonably start claiming for given they have not resolved this issue in a reasonable amount of time or to a satisfactory quality?

Many thanks

M

wealdroam

mrochester wrote: »

Hi all

My Toshiba laptop developed a fault in July this year (almost exactly 6 months old at the time) which I got in touch with Toshiba about. The laptop was sent away to Toshiba's repair centre.

This resulted in a dispute with my credit card company as I believed the fault to be a manufacturing issue while Toshiba maintained that I had damaged the laptop. Barclaycard agreed to cover the cost of the repair so as to get the laptop back to me repaired.

The laptop arrived back and it had exactly the same fault I had originally sent it away for, but in a different location (screen bezel coming away from laptop body). I contacted Toshiba immediately, and they arranged for the laptop to be once again returned to the repair centre.

The laptop has now arrived back, and remains unrepaired with exactly the same issue I sent it away for on the second occasion. The documentation sent back with the laptop states 'No fault found'.

I have now been without my laptop for over 3 months in total and I'm starting to get mighty peed off with the issue.

Before I get back in touch with Toshiba again, can anyone tell me how many chances I need to give Toshiba to get this thing sorted, and what additional compensation (if any) I could reasonably start claiming for given they have not resolved this issue in a reasonable amount of time or to a satisfactory quality?

Many thanks

M

Did you buy the laptop direct from Toshiba?

The reason I ask is that your statutory rights are with whoever sold the thing to you.

The manufacturer only owes you what was stated in his warranty document.
If it says, for example, "we are allowed to have twenty seven attempts at a repair", then that maybe what you can expect.

Time to read MSE's Consumer Rights guide methinks.

Not quite your scenario, but here's a short extract from that document:

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.

mrochester

wealdroam wrote: »

Did you buy the laptop direct from Toshiba?

The reason I ask is that your statutory rights are with whoever sold the thing to you.

The manufacturer only owes you what was stated in his warranty document.
If it says, for example, "we are allowed to have twenty seven attempts at a repair", then that maybe what you can expect.

Time to read MSE's Consumer Rights guide methinks.

Not quite your scenario, but here's a short extract from that document:

I understand that but the issue is now underway with Toshiba. Can I stop dealing with Toshiba and switch now the reseller (which is Costco.co.uk)?

frugal_mike

The seller is the one that was responsible from the start, so yes you can deal directly with them. You also mention Barclaycard. They are jointly and severally liable with the retailer if you used their card to buy the laptop (as long as it cost more than £100).

mrochester

frugal_mike wrote: »

The seller is the one that was responsible from the start, so yes you can deal directly with them. You also mention Barclaycard. They are jointly and severally liable with the retailer if you used their card to buy the laptop (as long as it cost more than £100).

I've already accepted payment from Barclaycard as resolution to my original claim against the laptop fault. As such, I cannot now many another claim for that transaction. However, I did pay for £117 repair on the same credit card.

wealdroam

mrochester wrote: »

I understand that but the issue is now underway with Toshiba. Can I stop dealing with Toshiba and switch now the reseller (which is Costco.co.uk)?

Yes, but since you are now several months over the magic six months, you may need to prove to Costco that the fault is inherent.

Did you buy as a consumer or as a business from Costco?

mrochester

wealdroam wrote: »

Yes, but since you are now several months over the magic six months, you may need to prove to Costco that the fault is inherent.

Did you buy as a consumer or as a business from Costco?

I bought as a consumer. However, it was bought with the Costco account of my ex.

vyle

Normally, whoever bought it is the only person with legal rights.

If you bought it with your ex's costco account, does it mean that your ex bought it (in the eyes of costco and the law) and therefore only they have the legal right. Are there any Ts and Cs that would get you in trouble for buying with your ex's account?

I'm not sure how costco works.

mrochester

vyle wrote: »

Normally, whoever bought it is the only person with legal rights.

If you bought it with your ex's costco account, does it mean that your ex bought it (in the eyes of costco and the law) and therefore only they have the legal right. Are there any Ts and Cs that would get you in trouble for buying with your ex's account?

I'm not sure how costco works.

It was bought by me (the billing address is my name and address) and as far as I know, there's no issue with using someone's Costco account to order something.

frugal_mike

mrochester wrote: »

I've already accepted payment from Barclaycard as resolution to my original claim against the laptop fault. As such, I cannot now many another claim for that transaction. However, I did pay for £117 repair on the same credit card.

I must have missed something. I thought you said Barclaycard paid for the repair, but the repair failed. If so then the problem wasn't resolved. Did they actually just refund the laptop?

mrochester

frugal_mike wrote: »

I must have missed something. I thought you said Barclaycard paid for the repair, but the repair failed. If so then the problem wasn't resolved. Did they actually just refund the laptop?

I paid for the repair upfront on my card, and Barclaycard credited me the amount.