Unreliable laptop - what can I do

Lomcevak

Ok, John Lewis are still rejecting my request to reject the laptop so I will go down the LBA route.

I'd appreciate any thoughts on two claims they are making:

Firstly, during the second 'repair' they claim Dell only reinstalled the operating system and therefore this does not count as an attempt to resolve the problem with the laptop shutting down (the repair paperwork doesn't say this. I had been asked to do this twice before it went in to repair, so knew this wouldn't help - Dell knew I had done this too, as I did it under instruction from their support team). The third repair, when the motherboard was replaced, therefore represents their first attempt at fixing the shutdown, and John Lewis are entitled (they claim) to have two attempts.

Secondly, the laptop was returned for a third repair attempt a few days after six months from purchase - as this was the 'first attempt' they claim that this means that I do not have a right to reject after one failed repair per s24(5)(a), in support of this they quote s19(14)

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(I don't see how that supports their claim - it seems to support mine, as I was seeking repair well before the six month point). I had a tech support person (quoting his 'manager' who would not come on the line) who was searching the text while I was on the phone.

Thank you

wealdroam

Lomcevak wrote: »

Ok, John Lewis are still rejecting my request to reject the laptop so I will go down the LBA route.

I'd appreciate any thoughts on two claims they are making:

Firstly, during the second 'repair' they claim Dell only reinstalled the operating system and therefore this does not count as an attempt to resolve the problem with the laptop shutting down (the repair paperwork doesn't say this. I had been asked to do this twice before it went in to repair, so knew this wouldn't help - Dell knew I had done this too, as I did it under instruction from their support team). The third repair, when the motherboard was replaced, therefore represents their first attempt at fixing the shutdown, and John Lewis are entitled (they claim) to have two attempts.

Secondly, the laptop was returned for a third repair attempt a few days after six months from purchase - as this was the 'first attempt' they claim that this means that I do not have a right to reject after one failed repair per s24(5)(a), in support of this they quote s19(14)



(I don't see how that supports their claim - it seems to support mine, as I was seeking repair well before the six month point). I had a tech support person (quoting his 'manager' who would not come on the line) who was searching the text while I was on the phone.

Thank you

Re-read post#16 and refer JL to the CRA Explanatory Note no.136.

Send JL that link as well so that they can check that you are quoting from a .legislation.gov.uk website.

Lomcevak

wealdroam wrote: »

Re-read post#16 and refer JL to the CRA Explanatory Note no.136.

Send JL that link as well so that they can check that you are quoting from a .legislation.gov.uk website.

I did that already - I am reading your advice, and appreciate it

I read the explanatory note to them on the phone. The person I was talking to insisted that s.19(14) meant that s.24 did not apply - their manager apparently agreed with this, but would not talk to me. They were tech support not legal, but insisted that this meant I had no right to reject and therefore would not accept a return.

unholyangel

Lomcevak wrote: »

I did that already - I am reading your advice, and appreciate it

I read the explanatory note to them on the phone. The person I was talking to insisted that s.19(14) meant that s.24 did not apply - their manager apparently agreed with this, but would not talk to me. They were tech support not legal, but insisted that this meant I had no right to reject and therefore would not accept a return.

In those circumstances I would have said if he is that sure, would he be confident enough of his interpretation to put it in writing to you. I then would have added that misleading a consumer about their rights can amount to a criminal offence so perhaps he would like to check with their legal team/obtain professional advice from a solicitor before responding any further.

I've found companies a lot less willing to put questionable interpretations of the law into writing than they are to say it over a phone or in person.

As for how many repairs there has been:

re has been a repair or replacement for the purposes of subsection (5)(a) if—
(a)the consumer has requested or agreed to repair or replacement of the goods (whether in relation to one fault or more than one), and
(b)the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement.

The only exception to this is where the goods are repaired at the consumers home - in that case, the repair is not complete until the trader indicates it is.


Anyway, LBA them - if purchased in store send a copy of the LBA to both the local store and head office. If purchased online, send to their online business address & head office (if different).