Laptop vendor is making a fool out of me :(

bod1467

Dear [Vendor Name],
With respect to purchase order reference XXXXXXXXX for [product name], I am writing this as a follow up to the correspondence sent to you on 30-July, to which there is yet to be any reply.

The laptop I bought from you has the same problem again, in addition to a cracked chassis from the last time it was in your shop for repair.

As such, I am very dissatisfied with the product and warranty service. As per my rights under the Consumer Rights Act 2015, section 24 subsection 5(a), I hereby exercise my final right to reject the goods and require a full refund of all monies paid.

Please provide a shipping address for me to send the laptop back for the refund.

Yours faithfully,
[your name]

unholyangel

Just wanted to add, unless you're sending a letter before action, theres no reason you cant send it by email.

I'd try bods wording first perhaps by email and if they still dont respond, tack a bit on the bottom about how if they dont respond with in 14 days, you will have no choice but to start legal proceedings at which time you will also be including in your claim any reasonable costs incurred.

m0bov

Yes go for Bod's, send via e-mail. Be sure to add that you give them 7 days to respond. Don't rant at them, sent a photo of the damage and any dates.

DraxDomax

I've sent it via ebay, as I don't have his actual email. I have his PayPal email but that's something like: payments@asdas.com...
Is that OK?

[Deleted User]

DraxDomax wrote: »

I've sent it via ebay, as I don't have his actual email. I have his PayPal email but that's something like: payments@asdas.com...
Is that OK?

It's okay as long as he receives it...

DraxDomax

This is what they replied:

HI

We have not received any correspondence from you and this is the first you have notified of this issue.

The laptop mother board was replaced with a brand new motherboard that was supplied direct by Dell. As such it needs to be determined if the issue is being caused by an external factor. If issue has arisen again then by all means we will repair under the warranty.

The Act that you refer to does not apply in this instance as when the laptop was returned back to you, the laptop was fully functioning and has, according to you, developed a fault again. In this instance we would require, as per our prerogative, be able to inspect the item before further action.

SVX-Online

What to do?

unholyangel

Well first things first, is what they say true?

Is this the first you've reported it to them and was it dell who carried out the repair?


I got the impression from your original post you had returned it to them (the company who sold it to you) - what they chose to do with it to enact a repair after that is their choice but it was up to them to prove the fault was not inherent so the laptop was assumed to be inherently faulty unless they prove otherwise.

The act itself does not say anything about the same fault still existing.
The wording used is:

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

The accompanying explanitory notes says this:

136.The section provides that, if repair or replacement was impossible or if the consumer’s goods continue to be substandard after the consumer has either:

already undergone one repair or replacement of the goods by the trader; or

sought a repair or replacement but this was not carried out within a reasonable time or without significant inconvenient to the consumer,

the consumer may either:
keep the goods and insist on a reduction in the price; or

reject the goods and obtain a refund which may, in some circumstances, be subject to a deduction to take account of any use the consumer has had of the goods.

bod1467

The wording of the Act is slightly woolly in that it also doesn't say whether S.24(5)(A) covers a repaired item working OK and then developing a(nother) fault. (As in the goods conformed to contract after repair but went faulty again). A reasonable assessment would say, Yes it does.

DraxDomax

Of course they are lying. They had a PayPal case opened (and closed by PayPal, as they don't care about warranty issues). They had a paper letter from me, when I was talking to Citizens Advice (who are nice but waaay too slow and don't provide anything specific, only pointing me to generic links).

It was most definitely not Dell who carried out the repair, as Dell told me that once the computer went to a reseller, the reseller takes care of warranty.
I'd have loved to deal with Dell, they would have sent an engineer TO ME and fix it on the spot!

So, do I respond to this? Or do I just send the laptop again?

unholyangel

BiS guidance to businesses can be found here:
https://www.businesscompanion.info/sites/default/files/The%20sale%20and%20supply%20of%20goods_ALL_BIS_GOODS_GUIDANCE_SEP15.pdf

And says:

Consumer only needs to accept one repair/replacement
The consumer only has to accept one repair or replacement of the goods before s/he has
a right to some money back. If you give a repair or replacement but the goods still do not
meet the consumer’s rights – either because the original issue continues, or a new issue
appears – the consumer has the right to reject the goods for a refund or get some money
back (see “7. The Final Right to Reject or Reduction in Price (2nd tier remedies)” for
further detail on these remedies).Although the consumer only has to accept one repair or
replacement, there is nothing to stop you offering further repairs or replacements as an
alternative to the 2nd tier remedies, provided you do not deny the consumer their right to
money back – in some cases the consumer will be content to accept that approach.
Equally, if the consumer does not wish to move to a second tier remedy, they are entitled
to further repairs/replacements if the goods continue not to conform to the contract.

Perhaps send them the above OP and see what they say. Alternatively, send them a official letter before action. There are templates online you can fill out/copy & print.

if you're quite happy to accept a repair, theres no real reason you couldn't. But personally given how difficult they've been so soon after sale, I wouldn't want to risk another fault after the 6 month burden has passed and would go the refund route.