Very catalogue not responding - what now?

Starsphinx

I am claiming ESA in the support group so have a limited income and bad health. For ages I have used Very catalogue as a way of managing larger purchases and up till now found them really good. However since Christmas I have had nothing but problems and I do not seem to be getting anywhere. It is having a serious effect on my health and I am scared I am going to be left stuck paying because I cannot fight anymore. Excuse the long post this has gone on a while.
23rd November Order Acer laptop on buy now pay in 12 months
26th November Laptop arrives
Couple of days later open laptop to check it - find there is something not quite right with the screen which becomes more of a problem as checking various uses.
Very website says to contact Acer direct so do. Acer send new drivers, install them, no change. Acer say to send laptop to them which I do, it comes back with exactly the same thing and a letter saying that there is no fault with it.
23rd December phone Very and explain what has gone on and state if there is no fault with the machine then it is not fit for purpose because cannot watch videos/TV on it and I want to return it and have it removed from my account. Advisor arranges return for just after Christmas and says refund may take up to 10 days because of holiday.
27th December send laptop back. Order a different one as I do need a laptop. Different one is fine.
Around 10th of January still not had it removed from account so contact again. Told by different advisor that laptops not eligible for returns and will not be refunded without say so from manufacturer. Told them it had been returned and ask what was happening with it - they did not know said they would refer it to the technical department who would take up to a week to contact me.
One week later still no contact try again told it is in the hands of the technical department have to wait for them to contact me.
Another week later preparing to contact them again as still have heard nothing (all this is sucking energy I dont have) when knock on the door and a courier returning the laptop to me with the same letter from Acer saying no fault.
I contacted the consumer rights line run by Citizens Advice after being pointed to it by my local council. They take my details and say they will refer me to see if my local Trading Standards will take the case on.
Trading Standards do not respond, am told about finding an ombudsman, and providing evidence of my issue.
Take the laptop to a local computer store pay £30 for report confirming there is an issue with it - there is no attempt to fix it because I am not paying for that.
Very website provides phone number for complaints - phone it and get told complaints have to be made via webform. Find the form type out my issue - laptop has problem want to return it and have it removed from my account. Form says response in 24 hours.
One week and one day later response sorry your laptop has developed a fault, we refer customers to manufacturer, no return without manufacturer say, please send independent report.
That arrived Friday - I replied saying it had not developed a fault it came with it, that I am very unhappy about response time, attached the copy of the report and stated I expected at least an acknowledgement of this within the stated 24 hours. As of now there has been no response.

What do I do now? I have no energy to contact an ombudsman and go through it all again - my record keeping is bad anyway. I have the laptop the report and thats it. I just want the thing gone and off my account. I am down what I have paid for the report and I am tempted to just see if I can sell the thing for a loss and pay the rest to get rid of it.

cono1717

Reply back with a letter before action stating that the law states that they must prove beyond a reasonable doubt that there is no fault / that it is not a manufacturing defect within in the first 6 months and that, the same as the consumer must, this has to be a independent report. If they fail to provide that then they have to refund, repair or replace the laptop (their discretion as to which).

wealdroam

cono1717 wrote: »

Reply back with a letter before action stating that the law states that they must prove beyond a reasonable doubt that there is no fault / that it is not a manufacturing defect within in the first 6 months and that, the same as the consumer must, this has to be a independent report. If they fail to provide that then they have to refund, repair or replace the laptop (their discretion as to which).

I think you meant to say "on the balance of probabilities" rather than "beyond a reasonable doubt".

Fosterdog

What does the report state is the actual fault? If you said it has graphics issues it would be worth you filming the fault happening and sending them the video along with the report.

cono1717

wealdroam wrote: »

I think you meant to say "on the balance of probabilities" rather than "beyond a reasonable doubt".

Sometimes I like to live dangerously and let civil and criminal law intermingle.

Starsphinx

The fault is that the colours do not blend - they are blocky/pixellated. I did take pictures but a screen shot of the problem opens up without the problem on other machines - if you plug the laptop into external screens the problem disappears as well. Taking a picture of a screen with an external camera is of no use because for various horrible technical reasons screens distort in photographs anyway. The problem does seem to be the screen itself rather than graphics card/drivers

Starsphinx

cono1717 wrote: »

Reply back with a letter before action stating that the law states that they must prove beyond a reasonable doubt that there is no fault / that it is not a manufacturing defect within in the first 6 months and that, the same as the consumer must, this has to be a independent report. If they fail to provide that then they have to refund, repair or replace the laptop (their discretion as to which).

I would imagine the fact that I was reporting it to the manufacturers from the point I switched on should serve to show it was there from the start - I just did not keep records of my half of the contact with the manufacturers because I thought A)they are recording this B)they will fix this and C)they will see it has not fixed and there is a clear problem.

pinkshoes

So Acer have produced a report saying it ISN'T faulty, and you now have a report saying it IS faulty.

As above, send a letter before action, inclosing a copy of YOUR report, and give them 21 days to collect the laptop and issue a full refund including the £30 for the report.

You contacted VERY (just) within the 30 days so should be entitled to a full refund.

DoaM

pinkshoes wrote: »

You contacted VERY (just) within the 30 days so should be entitled to a full refund.

As the Very website states to contact Acer, then the OP's first contact with Acer is the date that matters as OP has followed Very's own published advice. The fact that direct contact with Very was (just) within 30 days is incidental, albeit does simplify matters.

Starsphinx

I will gather up my energy and get writing. Just did not imagine the hassle. If I was using a high street shop I would not have seen the problem and not bought it - or would be able to show that a display one did not have the screen issue. Instead I am stuck fighting at a distance.

Agricolae

Starsphinx wrote: »

I will gather up my energy and get writing. Just did not imagine the hassle. If I was using a high street shop I would not have seen the problem and not bought it - or would be able to show that a display one did not have the screen issue. Instead I am stuck fighting at a distance.

Very (a Shop Direct brand) are I believe covered by the Financial Ombudsman Service for this kind of thing. It may be less hassle than going to court! Give them a ring or fill out their form online.

Here's a link to a FOS decision about someone who had a similar problem:

Link