can i claim a refund?

lianse_2

I purchased a laptop on the 18th July 2014. Since then it has been back 3 times to the people I brought it from for repair for various things. The latest one was 13 jan this year. I sent it back because the charging port had become faulty and was not charging the battery properly. They returned it to me claiming to have changed the motherboard and battery, and that the issue had been fixed, however when I came to use it again I noticed it hadn't. So I contacted them again and they sent me out a new charging lead as they thought this was at fault. Again this did not fix the problem so I contacted them again yesterday to say the issue remains and that, again, I think it is the charging port.
They got back to me today to say that they could repair it but there would be a charge as it is not covered by warranty and comes under user inflicted damage. Now I know it is not user inflicted damage, there is no actual damage to be visually seen and I have looked after this laptop with care.
I am aware of "When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them." and it is just gone six months old now, but was under 6 months when I first returned it to them for this fault.
So I am wondering where I now stand? If they continue to insist I pay for the repair am I entitled to ask to return the laptop for a refund?

InsideInsurance

Once goods are accepted, normally happens in a matter of days/ weeks, then the choice of to repair, replace or refund is purely that of the retailer and not the consumer. You can express a preference but not enforce it.

As you say, under 6 months its up the retailer to prove its miss use or reasonable wear and tear and over 6 months the opposite. Obviously your issue is the fact you are on the cusp of this and they presumably will say that it worked fine when they tested it before returning it to you hence replacing the powercord as they'd used their own cord in the workshop etc.

Stick with you assumption that its under 6 months and ask for their evidence that its user damage.

Collabora

as it was purchased on 18th July 2014 then 6 months were up on 18th Jan. 2015, so it is over the 6 months

LilElvis

Collabora wrote: »

as it was purchased on 18th July 2014 then 6 months were up on 18th Jan. 2015, so it is over the 6 months

The last repair was carried out just inside the 6 month period, but was returned with the fault still evident. The seller should honour the repair they agreed to complete.

Collabora

LilElvis wrote: »

The last repair was carried out just inside the 6 month period, but was returned with the fault still evident. The seller should honour the repair they agreed to complete.

But seller could say its over 6 months.

but then again as the OP reported a charging port issue and the motherboard and battery should fix a charging port issue as this would be fitted to the motherboard on a laptop, so the next thing would be a faulty charging cable which they also sent a replacement, so if same issue is still their then i doubt they have changed the Motherboard

visidigi

Collabora wrote: »

But seller could say its over 6 months.

but then again as the OP reported a charging port issue and the motherboard and battery should fix a charging port issue as this would be fitted to the motherboard on a laptop, so the next thing would be a faulty charging cable which they also sent a replacement, so if same issue is still their then i doubt they have changed the Motherboard

No they can't. They had a repair in under 6 months that they failed to fix. They need to fix it.

As for the motherboard and battery swap out, no, in a number of laptops the charging port is a separate PCB as these are a common failure point, without knowing the model number and checking this cannot be a given to be attached to the motherboard.

Collabora

visidigi wrote: »

No they can't. They had a repair in under 6 months that they failed to fix. They need to fix it.

As for the motherboard and battery swap out, no, in a number of laptops the charging port is a separate PCB as these are a common failure point, without knowing the model number and checking this cannot be a given to be attached to the motherboard.

all the laptops i have upgraded/fixed its always been attached to the MB, although its just a couple of solder points, so can be removed from MB, especially as laptops are getting thinner, so less space to have it separate.

visidigi

Collabora wrote: »

all the laptops i have upgraded/fixed its always been attached to the MB, although its just a couple of solder points, so can be removed from MB, especially as laptops are getting thinner, so less space to have it separate.

Stick to facts, not opinion please.

Collabora

visidigi wrote: »

Stick to facts, not opinion please.

As it was purchased 18th July 2014 9/10 it will be attached to the MB, so i was stating a fact.

you need to read about SOGA rather than just follow your MSE gang. IT is now over 6 months old regardless to when the last repair was done.

LilElvis

Collabora wrote: »

As it was purchased 18th July 2014 9/10 it will be attached to the MB, so i was stating a fact.

you need to read about SOGA rather than just follow your MSE gang. IT is now over 6 months old regardless to when the last repair was done.

Make your mind up. A couple of posts ago you seemed to agree that as the repair (within the 6 month period) had not fixed the fault then the seller was still liable. You even elaborated and said that you didn't think that they had replaced the motherboard - in other words, that they have lied to their customer.

Or do you think that it is acceptable for a seller to take back faulty goods in month 5, return it unrepaired a day or two after the 6 month period has expired and just wash their hands of it?

Great attitude. Perhaps the company that sold the OPs laptop will give you a job as you are willing to go along with their poor idea of what constitutes customer service.

visidigi

Collabora wrote: »

As it was purchased 18th July 2014 9/10 it will be attached to the MB, so i was stating a fact.

you need to read about SOGA rather than just follow your MSE gang. IT is now over 6 months old regardless to when the last repair was done.

Prove it then.

9 out of 10 does not make something a fact.

As for SOGA

http://www.legislation.gov.uk/ukpga/1979/54

F39 48A (3)

For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

So again, the fault occurred within 6 months, the retailer was notified. They are due resolution.

As for these MSE gang comments, give it up, very childish.