Refund/Section 75 after accepting a repair

Peppery83

I bought a PC from a high street store in December. I am a freelance IT developer, so need the PC to work.

The PC broke after less than 2 months. I took it to store, and they sent it away to the manufacturer for repair. They told me it would take 7-10 days, so I borrowed a PC for 2 weeks so I could still work (and earn money!).

I started chasing them after 12 days. It took ages to get hold of anyone, but eventually I was told repairs take 28 days, not 7-10 as I was incorrectly told. I've had to return the borrowed PC and was unable to work properly last week. Numerous attempts to get a date I can expect my PC back have failed and I am not confident I'll actually get it back after 28 days.

I need the PC so I can work. Can I do a section 75 charge back? Or rescission of contract? Does the fact I accepted a repair affect my ability to do these things?

Thank you!

Silver-Surfer_2

Sounds like a business to business transaction.

bris

You cant use S75 for business purchases, it's for consumers only.


Even if you could you still can't as they are complying with the SOGA by repairing your computer, 28 days isn't a significant inconvenience.

Peppery83

Thanks both. It was purchased by me personally, as it's not purely for work use.

Guess I have to wait the 28 days and see.

It's the rudeness and lack of information which has been most annoying!

marliepanda

It's clearly a business purchase regardless of how you bought it and what else you use it for. You state three times in your op you need it for work and to earn money. You can't just backtrack now it doesn't suit.

You've accepted the repair now you have to wait for the repair. Being without a computer for that long isn't that inconvenient, you say yourself you've borrowed one. You're mostly concerned due to your work use.

Peppery83

It was a personal purchase as it was between me and the shop, not my business and the shop. I couldn't buy it through my business as its not mainly for business use (HMRC rules, not mine). However, yes the source of my inconvenience is that I can't use it to earn money.

I borrowed a PC for 2 weeks to cover (with contingency) the time they told me a repair would take. I had to return it after 2 weeks.

marliepanda

The fact you can't work is your problem. If you want a business contract where business losses were covered then you should have bought it correctly.

You cannot claim that you have business losses when buying as a consumer. You seem to want it both ways.

If I buy a coffee machine as a consumer for my cafe, because I make myself a cup of coffee sometimes as well, I cannot moan that I have lost business money when my coffee machine breaks down.

Your business losses are your problem (and regardless of whether your business bought it, most would find it was in fact a business purchase and you have no consumer rights. Again, you were the one who mentioned the inconvenience of missed work four times in your OP.

Peppery83

You misunderstand. I've not said I'm making any financial claim against the store for business losses or lost earnings, but those things are obviously inconvenient to me .

The contract is between me and store, not my company and the store, so legally it's a consumer purchase. This was the "correct" way to buy it. To do it through my company, when the PC wasn't "wholly and exclusively for the purposes of trade" (to quote HMRC) would be wrong.

Anyway, we're going off-topic. As Bris said above, I'll have to give it 28 days, then go from there.

Thank you for your thoughts.

societys_child

Any business would surely have a backup plan?

marliepanda

You're talking a bout offsetting it for tax.

You're still using it for business so more than the average consumer.

antrobus

Peppery83 wrote: »

... The contract is between me and store, not my company and the store, so legally it's a consumer purchase. This was the "correct" way to buy it. To do it through my company, when the PC wasn't "wholly and exclusively for the purposes of trade" (to quote HMRC) would be wrong. ....

Off-topic or not, but you need a better accountant.

It is perfectly normal for a business to buy an asset, such as a computer, which has a duality of purpose. (It's the purpose that has to be wholly and exclusive, not the asset itself.) The business buys the asset, but only claims 80% of the cost as a capital allowance, because 20% of it is private use, for example.