Part refund because it can't be fixed

thewrongtrousers

I'm not realy sue of the law in regard to this so any help or advice would be appreciated.

I bought a Hudl 2 about 14months ago, after about 10 months it developed a couple of minor faults, one of them being the battery wouldn't charge properly. I sent it off to be fixed and when it came back it was fine for about a month but then got the same battery issue. Although I let Tesco know, I couldn't send it back straight away as we were going on holiday and my daughter wanted it for the jouney (or rather we did to keep her quiet - god knows what we did before tablets!!!). Anyway Tesco said their repairs have a warrenty of 3 months. So once we got back I again sent it back to be repaired. When it came back it was fine for about a month but then again developed the same issue. I called up and they said they won't attempt to repair again.

They have offered a £40 refund, is this an acceptable amount? Should I ask for more? The tablet can still be used but does need plugged in to charge nearly all the time. A second hand one on eBay is about £60-70.

Thanks in advance

[Deleted User]

You've had use of the item for more than a year, so Tesco are allowed to part-refund to allow for this.
Your choice whether to accept the amount offered, although difficult to see any easy way you are likely to get any more..

agrinnall

How much did you pay in the first place? I recall they were about £120, so you'd be getting a third back after 14 months, which I don't think is enough. Whatever you eventually get back I would use it to buy something other than a Hudl.

Zandoni

Always worth asking for more.

LilElvis

I think Tesco have stopped making the Hudl. The Amazon Fire for kids is pretty good as it comes with a 2 year guarantee that they will replace it which includes user damage. We had a faulty charging port and they didn't quibble and sent a new one out which was received next day. The replacement has now had 10 months of use/abuse with no issues. They are bound to have an offer on them on the run up to Xmas - they had several periods last autumn where they were £80 instead of £100.

thewrongtrousers

Thanks for the replies, I think I will ask for a little more, we bought the item for £99.

Moneyineptitude wrote: »

You've had use of the item for more than a year, so Tesco are allowed to part-refund to allow for this.
Your choice whether to accept the amount offered, although difficult to see any easy way you are likely to get any more..

Yes I was aware of this however if they had decided this within the first 12 months which is when they were first advised of the fault, they would have been obliged to refund a lot closer to the full amount, by dragging the issue out over a few months with something they obviously couldn't repair they have effectively saved themselves which I personally take umbridge with. Also the item was still under warranty as it got extended with the initial repair, had this been with an external warranty company i.e. square trade the refund amount would have been double that (£70 I know this as I checked), they told me they take account of the 2nd hand value although I don't know how true that is.

Don't get me wrong I'm not sure if £40 is a particularly bad offer especially as we still have a working item (albeit with a very poor battery) I was just hoping someone had a similar experience and could say what they had been offered in order to gauge the amount I should expect.

[Deleted User]

daytona0 wrote: »

if you are talking £40 AND keeping the item which is working in some way, without any hassle, then that's probably a no brainer

The Op has made that clear. He is being allowed to keep the product as well as receiving a part-refund.

thewrongtrousers wrote: »

I'm not sure if £40 is a particularly bad offer especially as we still have a working item

It's particularly generous of them. As I said at the outset, difficult to see how he might justify asking for any more..

The-Truth

Moneyineptitude wrote: »

As I said at the outset, difficult to see how he might justify asking for any more..

I agree with this. It's kind of funny in many consumer legal definitions you seem the phrase "what a reasonable person would do"

If you type into Google you get this:



Sadly some of us are not that reasonable.

Zandoni wrote: »

Always worth asking for more.

That then has a negative side to goodwill and from a legal view has made consumer laws fair for the consumer but firm for the people who try to take advantage.

agrinnall

Moneyineptitude wrote: »

The Op has made that clear. He is being allowed to keep the product as well as receiving a part-refund.

It's particularly generous of them. As I said at the outset, difficult to see how he might justify asking for any more..

The problem is that a tablet that has to be plugged into the mains all the time is not really fulfilling the purpose it's designed for. If the OP is happy to keep it on that basis then £40 back is probably OK, but if it was me I'd return it for a bigger refund and buy something that I could actually use properly.

Zandoni

The-Truth wrote: »

That then has a negative side to goodwill and from a legal view has made consumer laws fair for the consumer but firm for the people who try to take advantage.

It's not taking advantage it's about trying to get a fairer offer. The OP will have to make a purchase much earlier because of poorly made equipment.

Rock-on

Do what I did when I had one of these machines. Mine worked for 13 months then it spectacularly failed, no charging, nothing. I sent it back, it was repaired, worked for 6 weeks and the same thing happened again. Tesco offer was £50 and they wouldn't budge on that so I accepted it then advertised it on Ebay listing it as not working, having been repaired, everything and even made sure the people who bid on it knew it wasn't working properly. I ended up getting the Tesco offer plus and extra bit for selling it. I was just glad to get rid of it, not a very good product. Used the money to buy a better tablet.