PC World refusing to recognise Sale of Goods Act

beezlebozo

What did you buy?
Bought an Asus lapsus laptop for £600 which was replaced by a HP Pavilion laptop for £500
When did you buy it?
First one was September 2013 then replaced November 2013
Where from? (internet or in store - it DOES make a difference)
PC World in store
How did you pay? (cash/cheque/debit card/credit card etc)
It was a credit gift card from my insurance company and used my credit card to top the cost up
What went wrong?
The hard drive has failed on the replacement laptop 1 year and 2 months after I have purchased it
What are the vendors telling you?
Not their fault and they want £50 to test if its a manufacturers fault.
What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
I was asking for a replacement but I seriously beginning to think I need to ask for a refund or to take them to the small claims court. I have sent them an email advising them of the Sales of Goods Act and advised them to pay particular attention to the word 'durability' in the terms. Same old story "pay us £50 and we'll look at it".

Any advice before I tell them I'm going to the small claims court?

foxtrotoscar_2

Can you edit the block of text so it's a bit easier to read?

foxtrotoscar_2

You've had around 18 months of use so your refund can be reduced to allow for that. May be <50%. Be careful what you ask for!

wealdroam

beezlebozo wrote: »

What did you buy? Bought an Asus lapsus laptop for £600 which was replaced by a HP Pavilion laptop for £500
When did you buy it? First one was September 2013 then replaced November 2013
Where from? (internet or in store - it DOES make a difference) PC World in store
How did you pay? (cash/cheque/debit card/credit card etc) It was a credit gift card from my insurance company and used my credit card to top the cost up
What went wrong? The hard drive has failed on the replacement laptop 1 year and 2 months after I have purchased it
What are the vendors telling you? Not their fault and they want £50 to test if its a manufacturers fault.
What solution or remedy are you looking for? (Companies may Repair / Refund / Replace) I was asking for a replacement but I seriously beginning to think I need to ask for a refund or to take them to the small claims court. I have sent them an email advising them of the Sales of Goods Act and advised them to pay particular attention to the word 'durability' in the terms. Same old story "pay us £50 and we'll look at it".

Any advice before I tell them I'm going to the small claims court?

PCW don't appear to be far out of line there.

After six months from the sale it is for you to prove that the problem is due to an inherent fault. An inherent fault is one that was present at the time of sale but not necessarily apparent at that time. In other words, you need to prove that you haven't damaged the thing by misuse, and the problem isn't just due to fair wear and tear.
Once you have done that, then the seller will provide a remedy under the Sale of Goods Act.

PCW probably said "you give us £50 and we will check if the problem is due to a manufacturing defect. if it is, we will repair it and refund the £50".

You can of course get your own independent report confirming the fault is inherent, and PCW will refund the cost of that report if it does indeed say that.

Have you read MSE's Consumer Rights guide? Lots of good stuff in there.

unholyangel

More than 6 months from purchase the burden of proof is on the consumer to prove the goods are inherently faulty and they havent failed due to misuse for example - the simple assertion that it has not lasted a long enough time is not enough, it is why they have failed that is important.

The alternative would be to get an independent report of your own and if it finds in your favour, the retailer should reimburse the cost of the report.

You could also try a section 75 claim with your credit card company but they're likely going to require the same report.

beezlebozo

As this is a very expensive piece of quality equipment, I believe that this fault should not have occured just two months after the 1 year warranty ran out. I believe that PC World should repair my laptop free of charge in accordance with the ‘Consumer Protection Sales of Goods Act 1979′. Quote :
The quality of the goods applies to their state and condition including their appearance and finish, freedom from minor defects, and safety and durability. They should also be fit for all purposes for which goods of that kind are commonly supplied. Your rights under this Act are against the person who sold you the goods and not the manufacturer.
I have not misused it I work in website support and I know how to manage the battery and laptop. There is no way I could make the hard drive fail for the usage I was using it for.

So like PC World you're saying a £500 piece of kit should last 1 year 2 months?

wealdroam

beezlebozo wrote: »

As this is a very expensive piece of quality equipment, I believe that this fault should not have occured just two months after the 1 year warranty ran out. I believe that PC World should repair my laptop free of charge in accordance with the ‘Consumer Protection Sales of Goods Act 1979′. Quote :
The quality of the goods applies to their state and condition including their appearance and finish, freedom from minor defects, and safety and durability. They should also be fit for all purposes for which goods of that kind are commonly supplied. Your rights under this Act are against the person who sold you the goods and not the manufacturer.
I have not misused it I work in website support and I know how to manage the battery and laptop. There is no way I could make the hard drive fail for the usage I was using it for.

So like PC World you're saying a £500 piece of kit should last 1 year 2 months?

Hey, hey!!

Don't shoot the messenger!

I have related to the best of my knowledge how these things work.

Not once did I accuse you of anything.

I offered no opinion on how long your gear should last. [STRIKE]You hadn't mentioned that it was £500, but that makes no difference[/STRIKE].

I don't know what you are quoting from, but it's not from The Sale of Goods Act.

Paragraphs (3) and (4) of Section 48A of SoGA state:

(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.
(4)Subsection (3) above does not apply if—
(a)it is established that the goods did so conform at that date;
(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.

Thus, after six months it is for you to prove the goods were faulty at the time of sale.
Why should a court, or PCW, believe you when you tell them "I have not misused it I work in website support and I know how to manage the battery and laptop. There is no way I could make the hard drive fail for the usage I was using it for."?
Good luck with whatever you decide to do... looks like you'll need all the luck you can get!

Esqui

beezlebozo wrote: »

So like PC World you're saying a £500 piece of kit should last 1 year 2 months?

No, like PC World they are saying that the fault is not inherent, unless you can prove otherwise.


I'm sure it'll shock most people, but by and large, PCW are pretty good at Soga claims these days. And although you're welcome to get an independent report, I have seen many take up the offer of the £50 repair fee and have it found in their favour, followed by a refund and free repair.

Zandoni

Hard drive failure can be a bit tricky, they may accuse you of giving the laptop some rough treatment.


If you are not able to replace the hard drive yourself I'd suggest you will be better off having it replaced at your own expense.


This could well be a cheaper alternative to getting a part refund, or waiting weeks until it's all sorted.

chickendipperbabe

This is quite the norm for Currys. I've known someone recently have a TV repaired under the SOGA, it was 3 years old and they had to pay £90 which was refunded and the repair carried out FOC. Either way, You'll have to pay for an independent report if you go down the small claims route.

You'll be very lucky to get (another) replacement out of them let alone a refund. Even if they did offer a refund (which I think is highly unlikely) it would likely be a proportionate refund taking 16 odd months of use into consideration and would not be for the full amount. I don't know why this has to go down the small claims route, it seems PCworld are being quite reasonable here.

You have to be realistic at this stage, like others above have stated it would probably be less hassle to replace the drive yourself as you run the risk of PCworld coming back saying the Fault/Damage was user inflicted and losing your £50.

Nodding_Donkey

You can get a new harddrive for less than £50

Or use it as an upgrade opportunity and get an SSD for a bit more money.