Help needed. Bank refuse to pay for

agrinnall

zaax wrote: »

In law you would only get 1/3 of the price back as you have had 4 years use out of 6, to claim the rest (if any) you will need to gamble on a independent report saying its an inherent fault.

And that's assuming straight line depreciation; as most items depreciate faster at the start of their life I'd say 1/3 is the top end of what could be offered, it could easily be a lot less.

shaun_from_Africa

usefulmale wrote: »

Good luck proving either scenario on the balance of probabilities.

If there is a report from a reputable third party stating that the failure was due to a manufacturing defect, balance of probabilities doesn't enter into it.

usefulmale

shaun_from_Africa wrote: »

If there is a report from a reputable third party stating that the failure was due to a manufacturing defect, balance of probabilities doesn't enter into it.

In all honesty, do you think ANY third party will state there is a manufacturing fault with any Apple product?

The best the OP will get will be a report stating what is wrong which will not help as they already have had a quote from Apple.

Of course though, it's not your time and money that is going to be spent on this issue.

InsideInsurance

usefulmale wrote: »

In all honesty, do you think ANY third party will state there is a manufacturing fault with any Apple product?

The best the OP will get will be a report stating what is wrong which will not help as they already have had a quote from Apple.

Of course though, it's not your time and money that is going to be spent on this issue.

Are you saying you dont think Apple have ever had any manufacturing issues?

A professional independent engineer should be comfortable taking about both expected life and also comment on known issues, condition of the machine etc.

Patzive

I paid more than £1000 for my laptop, I would expect it to last for more than 4 years. Therefore, I think my credit card has to paid for the repair as Comet went bust and under Section 75 of consumer credit act, they should be liable. Am I wrong?

wealdroam

Patzive wrote: »

I paid more than £1000 for my laptop, I would expect it to last for more than 4 years. Therefore, I think my credit card has to paid for the repair as Comet went bust and under Section 75 of consumer credit act, they should be liable. Am I wrong?

You are only right if the problem is due to an inherent fault.
Then the cc co has to provide a remedy which could be a repair, replacement or refund.
If a refund is decided upon, it can be reduced to take account of the use you have had.

After six months from purchase it is for you to prove that the goods are inherently faulty.

You have told us that they have offered a goodwill gesture, so if you want more than they have offered then you need to either prove the problem is due to an inherent fault or hone your negotiating skills.

Have you read any of the replies on this thread?

arcon5

zaax wrote: »

In law you would only get 1/3 of the price back as you have had 4 years use out of 6, to claim the rest (if any) you will need to gamble on a independent report saying its an inherent fault.

4 out of 6 years? Where's this 6 years come from? Certainly not law.

Patzive

Thank you everyone for your replies I understand my options now. As suggested by wealdroam, I will hone my negotiating skills :-)

Ectophile

arcon5 wrote: »

4 out of 6 years? Where's this 6 years come from? Certainly not law.

It's based on Limitations Act (for England and Wales only). After 6 years, you can't make a claim at all. So even if you think something should last 10 years, if it falls to bits after 6 years, you can't claim.

But that doesn't actually mean that depreciation should be based on a 6 year life for everything.

Blackbeard_of_Perranporth

Come on guys, will someone please mention the magic European law and put us all at ease!