Faults in new laptop from Debenhams Plus

catmulogen

Hi. We bought an Asus laptopn on 14/12/16 and it has since developed a number of faults. I emailed Debenhams Plus who said I need to contact Asus directly. I questioned this as I said my contract was with Debenhams plus, but they said that after 30 days the warranty moves over to Asus.

Can anyone confirm if I should be holding out for Debenhams to sort this out? As it is so new, can I request a replacement rather than a repair? Is it any detriment to me to deal with Asus directly?

Many thanks for any help x

wealdroam

catmulogen wrote: »

Hi. We bought an Asus laptopn on 14/12/16 and it has since developed a number of faults. I emailed Debenhams Plus who said I need to contact Asus directly. I questioned this as I said my contract was with Debenhams plus, but they said that after 30 days the warranty moves over to Asus.

Can anyone confirm if I should be holding out for Debenhams to sort this out? As it is so new, can I request a replacement rather than a repair? Is it any detriment to me to deal with Asus directly?

Many thanks for any help x

Have you read MSE's Consumer Rights guide?

Here's a short extract:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

agrinnall

Your consumer rights are with Debenhams Plus, but they could outsource their repairs to Asus, and it might end up with a quicker repair if you go direct to Asus. If you're being told to use the manufacturer's warranty that's not something that DP can insist on, so you should read the warranty documentation to see if that is a good option for you (for instance, it may say that Asus will replace in the first 6 months, in which case you're laughing!).

However, you can return it to Debenhams Plus and allow them to deal with it if you want to. You can state a preference for a replacement but the choice is theirs to make between repair, replace and refund.

bris

You can have a repair in a week through Asus or you can stick to your guns and get one from Debenhams in 4 to 6 weeks.


You don't get to choose the remedy either way, the outcome will be the same only difference will be the time you wait. The Asus route will not make any difference to your rights for any future problems.

catmulogen

Hi. Thanks for the replies. Well, I contacted Asus & a courier collected the laptop. They had it for about a week and it was returned last Monday saying the 'dock and docking cable usb' had been replaced. I was given 48 hours to inspect & notify of any problems. On Wednesday I emailed Asus to say the problems remained.They emailed back to say I had to go through the repair procedure again (ie fill in online from, wait for a number to be given, wait in for a courier to collect and then return it). I contacted Debenhams Plus and said I wasn't happy that such a new product was so faulty - their response was 'your warranty is with Asus after the first 30 days'. Debenhams Plus were supposed to contact me re this on Saturday morning but no contact has been made.

Any advice to my next step greatly appreciated - ideally I would just prefer a refund as I've lost all faith in the Laptop (and waiting in for it to be collected/returned) but are they allowed to keep repairing it? Many thanks

DoaM

The relevant advice is in post #2.

As a repair attempt has been made and this has failed, you are now entitled to return the goods for a full refund per the Consumer Rights Act 2015.

If you phone them again, demand to speak with a supervisor/manager ... the front line people obviously don't understand their company's legal liabilities so they'd be better served moving you up the chain.

And if they still give you the brush-off, ask them for the service address for legal documents, so that when you raise a court claim you'll know to whom it must be served.

Question ... HOW did you pay for the laptop? Credit card? Debit card? Finance credit?

wealdroam

catmulogen wrote: »

Hi. Thanks for the replies. Well, I contacted Asus & a courier collected the laptop. They had it for about a week and it was returned last Monday saying the 'dock and docking cable usb' had been replaced. I was given 48 hours to inspect & notify of any problems. On Wednesday I emailed Asus to say the problems remained.They emailed back to say I had to go through the repair procedure again (ie fill in online from, wait for a number to be given, wait in for a courier to collect and then return it). I contacted Debenhams Plus and said I wasn't happy that such a new product was so faulty - their response was 'your warranty is with Asus after the first 30 days'. Debenhams Plus were supposed to contact me re this on Saturday morning but no contact has been made.

Any advice to my next step greatly appreciated - ideally I would just prefer a refund as I've lost all faith in the Laptop (and waiting in for it to be collected/returned) but are they allowed to keep repairing it? Many thanks

You need to remind Debenhams that they have responsibility for up to six years following the sale.

They simply cannot deny any liability after thirty days.
Denying a consumer their statutory rights can amount to a criminal offence.

I would be insisting that Debenhams deal with this issue.
Under the Consumer Rights Act they have one opportunity to effect a repair, but it is debatable whether the repair attempt that has already taken place counts as you allowed Debenhams to push you towards Asus for that repair. (Read again post#2 - the one post you decided not to thank)

Give Debenhams one more opportunity to repair the thing and if that fails then inform Debenhams that you are rejecting the goods and insist on a full refund.

catmulogen

Thanks, just wanted reassurance that I wasn't being a stroppy thing asking for the refund! At the moment there's no movement as they're saying contact Asus and I'm saying my contract is with Debenhams Plus. I'm having a cuppa and then going into battle!

catmulogen

Ps paid by credit card.

DoaM

In which case the credit card company are equally liable for the performance of the contract (section 75 of the Consumer Credit Act), including any legal rights under the Consumer Rights Act. If the seller won't budge, raise a S75 claim on your credit card provider. (Make sure it's clear it is a S75 claim and not a chargeback).

catmulogen

Thanks once again for taking your time to reply.

I've spoken with a few people from Debenham Plus - one who said "can you quote me the exact parts of the 'Consumer Rights Act?', another who admitted that they had no knowledge of it! They have said their own team (as opposed to Asus) would have to examine it before we discuss the next steps. Initially they said i would have to return the laptop at my own expense, then they would email a postal label for Collect + (I think it was called). Finally they said that a courier would be sent to collect it.
A member of staff did say as the laptop was 102 days old, they would only offer me a replacement and not a refund.

I do appreciate all advice given