Laptop broken after 18 months

Jack1406

I've had my laptop for about 18 months and a few days ago the screen hinge literally snapped off on one side so now the laptop doesn't close without me pushing down broken hinge side, otherwise the screen casing starts to tear apart.

I bought it at PC world and when I phoned them up, they said their guarantee is only for a year, so I would have to pay £50 + parts to get it repaired. I asked how much the parts would cost and they said it could range from £20-50+ easily.
I don't exactly have that much spare cash so I took it to a local computer shop and they had a look. They said the parts on the inside of the screen case were broken, most likely a manufacturers fault. They said that there is an EU warranty law that should cover 2 years from the date of purchase if there is a fault with the product that is not due to damage done by the consumer.

Can I actually pursue this to get it repaired or are PC world just going to laugh in my face if I bring up EU law when trying to get it repaired?

Chucky1234

The local computer repair shop weren't 100% accurate with the 'EU warranty law' they spoke of.

What they meant was there was an EU directive which all participating members must follow, which is that they must offer a repair/replacement/refund for 2 years if the goods they sold are inherently faulty or do not conform to contract.

The UK actually goes above and beyond this by offering 6 years of protection. As the laptop is over 6 months old, the onus is on you to prove that it is inherently faulty.

To do this you will need to get an independent report detailing that the laptop was inherently faulty at the time of purchase. If you get this, then PC World will legally have to either repair, replace or refund. You can express a preference but you can't choose one that is disproportionately more costly for the retailer (so basically they have the final choice). They also have to refund you the cost of the report.

Hope this helps.

Mr.Generous

Chucky1234 wrote: »

The local computer repair shop weren't 100% accurate with the 'EU warranty law' they spoke of.

What they meant was there was an EU directive which all participating members must follow, which is that they must offer a repair/replacement/refund for 2 years if the goods they sold are inherently faulty or do not conform to contract.

The UK actually goes above and beyond this by offering 6 years of protection. As the laptop is over 6 years old, the onus is on you to prove that it is inherently faulty.

To do this you will need to get an independent report detailing that the laptop was inherently faulty at the time of purchase. If you get this, then PC World will legally have to either repair, replace or refund. You can express a preference but you can't choose one that is disproportionately more costly for the retailer (so basically they have the final choice). They also have to refund you the cost of the report.

Hope this helps.

I think he meant to say over 6 months old after which you have to prove inherently faulty.
The problem with getting an independent report is that PC world will get an independent report too, if they differ your only choice is to go to court.

JJ_Egan

PC World are going to say heavy handed use .
As said forget the EU directive its the Sale of Goods Act you require .
Get a written report from the independent engineer who has diagnosed a manufacturing defect .But the words most likely don't really help.

naedanger

Jack1406 wrote: »

I've had my laptop for about 18 months and a few days ago the screen hinge literally snapped off on one side so now the laptop doesn't close without me pushing down broken hinge side, otherwise the screen casing starts to tear apart.

I bought it at PC world and when I phoned them up, they said their guarantee is only for a year, so I would have to pay £50 + parts to get it repaired. I asked how much the parts would cost and they said it could range from £20-50+ easily.
I don't exactly have that much spare cash so I took it to a local computer shop and they had a look. They said the parts on the inside of the screen case were broken, most likely a manufacturers fault. They said that there is an EU warranty law that should cover 2 years from the date of purchase if there is a fault with the product that is not due to damage done by the consumer.

Can I actually pursue this to get it repaired or are PC world just going to laugh in my face if I bring up EU law when trying to get it repaired?

How did you pay? (If you paid by credit card you have another option for pursuing a claim. But the principle is still that the onus is on you to show, on the balance of probability, that the fault was inherent e.g. a manufacturing fault.)

Jack1406

naedanger wrote: »

How did you pay? (If you paid by credit card you have another option for pursuing a claim. But the principle is still that the onus is on you to show, on the balance of probability, that the fault was inherent e.g. a manufacturing fault.)

Paid by CC, so would I need to receipt of the Laptop, or the CC statement?

I have the laptop receipt, but the CC statement for that month is probably buried somewhere in filing

Jack1406

Chucky1234 wrote: »

The local computer repair shop weren't 100% accurate with the 'EU warranty law' they spoke of.

What they meant was there was an EU directive which all participating members must follow, which is that they must offer a repair/replacement/refund for 2 years if the goods they sold are inherently faulty or do not conform to contract.

The UK actually goes above and beyond this by offering 6 years of protection. As the laptop is over 6 years old, the onus is on you to prove that it is inherently faulty.

To do this you will need to get an independent report detailing that the laptop was inherently faulty at the time of purchase. If you get this, then PC World will legally have to either repair, replace or refund. You can express a preference but you can't choose one that is disproportionately more costly for the retailer (so basically they have the final choice). They also have to refund you the cost of the report.

Hope this helps.

So to quickly sum up what to do:

Ask local repair shop to write a statement regarding the laptop, i.e. shoddily constructed, should not have broken etc

Then go into PC world (with laptop receipt?) and ask them about the warranty, quoting the report the repairman gave, along with citing the Sale of Goods act?

foxtrotoscar_2

Jack1406 wrote: »

Paid by CC, so would I need to receipt of the Laptop, or the CC statement?

I have the laptop receipt, but the CC statement for that month is probably buried somewhere in filing

First and foremost you need an independent report stating it's a inherent fault.

Jack1406

foxtrotoscar wrote: »

First and foremost you need an independent report stating it's a inherent fault.

OK will do. I'll try and get a report off the guy tomorrow.

Also I found a letter template on which: which.co.uk/consumer-rights/letter/letter-to-ask-for-a-faulty-item-to-be-repaired-or-replaced

So I think I'll fill that out as well to be safe.

Thanks

naedanger

Jack1406 wrote: »

Paid by CC, so would I need to receipt of the Laptop, or the CC statement?

I have the laptop receipt, but the CC statement for that month is probably buried somewhere in filing

The advantage of paying by credit card, as you have done, is you can hold the credit card liable rather than the retailer, and if the credit card company does not agree you can take your case to the independent Financial Ombudsman Service (FOS) at no cost to you. (However you still have to prove your case, on the balance or probability.)

My suggestion:

1) Ask the local computer shop if they will write a note/report saying in their view the fault was more likely to have arisen due to a manufacturing fault than through misuse or user error. Also if they wish to charge for this make sure you get a receipt and that the amount seems reasonable (otherwise you may not be able to recover this cost).

2) Once you have the report write to PC World stating that you believe you have shown on the balance of probability that the error was due to a manufacturing fault and could they repair/replace/refund for the fault and refund your costs of £x for the report. Explain that if they do not agree you will pursue your complaint via your credit card company.

3) If PC World don't agree to your claim then write to your cc company giving them 14 days to provide a solution. If they don't resolve to your satisfaction then send them a formal written complaint in writing that they have not done enough to resolve your complaint. Ask for their complaint procedure and follow that. (This will include the option of complaining to FOS at the end of the process.)

4) If it gets to FOS and they do not uphold your complaint you can still take legal action at some cost and risk. (Also if FOS decline your claim it may indicate that your case is weak). Note if you start legal action then FOS will not then consider your case. So only take legal action as your last step.