sony laptop inherent fault/repair

number9

Hi, I bought my daughter a laptop in November 2013 and it was first used Xmas day 2013. In January 2014 it had a power fault and was returned to Sony for repair. The same fault occurred in December 2014 and it was repaired again. Last week the same fault happened for the 3rd time and Sony say that as the 2 year warranty has now recently expired we can have it repaired at our expense.
I'm pretty sure that this can be termed an inherent fault / not fit for purpose / didn't meet expectations or expected life and we should be covered under sale of goods/ consumer rights acts. Can anyone offer any advice or confirm the relevant terminology or legislation?
Many thanks.

bris

You now need to prove it but not to the manufacture but to the retailer. The retailer is the one who now takes responsibility for the item


To do this you need an independent report stating the fault was inherent at time of purchase, present this to the retailer and if they accept it they will offer a resolution which would include paying for the report, if not you go to court to make them.


Give the retailer a call and see what they say.

number9

Hi, it was purchased directly from Sony.

Leo2020

Well as Sony are the retailer the same applies. You have rights under the Sale of Goods Act with Sony. However, after this length of time the burden of proof is on you not the retailer.

Do you know what was repaired the previous times? Did Sony provide a list of what parts where replaced? If not can you find out?

number9

I don't have any repair details from Sony - only the previous reference numbers/ job numbers. I asked for my query to be escalated as a formal complaint. Sony have responded that their repairs are only guaranteed for 3 months.
However, I feel that they are ignoring customer rights under sales of goods/ consumer rights acts which can extend to 6 years.
3 things stand out with this laptop: 3 regular power failures within 2 years ( inherent problem?); was £550 (would a consumer expect such poor "utility" from a product of this cost?); would Sony accept or advertise their laptops as having regular reliability problems and a very short lifespan?

Sony have offered to cover 60% of the costs. Better than 0, but still ignoring consumer rights. My daughter needs her laptop urgently as she has a lot of university studies on it/to complete and also she's helping a charity in raising £100k by managing their social media campaigns (£60k already).
I am therefore considering ( because of family pressure!) to agree to this "without prejudice" but make it clear that I'll stiil pursue full costs via the small claims court (plus making this issue public which will question consumer confidence or opinion!).
Any thoughts on this ? Cheers.

naedanger

number9 wrote: »

I don't have any repair details from Sony - only the previous reference numbers/ job numbers. I asked for my query to be escalated as a formal complaint. Sony have responded that their repairs are only guaranteed for 3 months.
However, I feel that they are ignoring customer rights under sales of goods/ consumer rights acts which can extend to 6 years.
3 things stand out with this laptop: 3 regular power failures within 2 years ( inherent problem?); was £550 (would a consumer expect such poor "utility" from a product of this cost?); would Sony accept or advertise their laptops as having regular reliability problems and a very short lifespan?

Sony have offered to cover 60% of the costs. Better than 0, but still ignoring consumer rights. My daughter needs her laptop urgently as she has a lot of university studies on it/to complete and also she's helping a charity in raising £100k by managing their social media campaigns (£60k already).
I am therefore considering ( because of family pressure!) to agree to this "without prejudice" but make it clear that I'll stiil pursue full costs via the small claims court (plus making this issue public which will question consumer confidence or opinion!).
Any thoughts on this ? Cheers.

One thing to bear in mind is that Sony's offer may be conditional on you accepting it as full settlement for the current fault. If you reserve the right to take action via the small claims court they may withdraw their offer. Sony will also be able to withdraw their offer at any time prior to acceptance by you. So be careful how you negotiate unless you don't mind this eventuality.

Personally I don't think their offer is generous, but I think they have pitched it at the level where the risk of going to court to win a higher amount will probably not be worth the effort and risk for most people. (You will have to prove, on the balance of probability the fault was inherent, and that the amount you are required to pay is unreasonable given the quality you would expect for the price you paid.)

Leo2020

Can you find out what was previously wrong with the laptop - specifically what parts where replaced.

You say that they have offered to cover 60%, what are they quoting for the repair (total) and what are they replacing? It could be cheaper to get someone else to repair it depending on the fault.

It would be good to know what was replaced before and what is being replaced now.

To add Sony could offer a partial refund under the SOGA, which maybe cheaper than a repair. As you haven't proved an inherent fault the 60% of the repair cost offer is not that bad.

JJ_Egan

(However, I feel that they are ignoring customer rights under sales of goods/ consumer rights acts which can extend to 6 years.)

Really thats 6 years for you to pursue a claim through the courts not a 6 year warranty .

If its in your view not fit for porpuse you are going to need an independant enginners report to verify that and in my view if the vender has offered 60% towards the cost i would take it as opposed to buying a new product . Point to bear in mind is that you might not win a claim and after consideration for usage any settlement is liable to a discount .I personally dislike throwing good money after bad .