Curry pc world laptop faulty

catintheoffice

Hi

I'm looking for a bit of advice if possible.

I bought a laptop from curry's specifically to record music on, but within a budget and was advised to buy the HP pavilion 15 which was on offer. It was very noisy in the store but I bought it on their recommendation. After getting it home and switching it on, I found it very noisy, the fan and hard drive was quite loud. So the next day I posted on their facebook and they advised I take it back to the store, which I did the following day. The guy on the knowhow desk wasn't very helpful, kept me waiting and letting a queue build up while he packed a box and then told me there is no way they would exchange it, and pointed out their policy on the wall!! And told me they could send it off for testing, but it sounded fine to him. (it was in a noisy store again!). The thing is, i'd locked myself out too somehow and had to take it home, wait to get my old laptop back and figure out how to reset the password. It was easter and I was away for a week also. So, feeling fed up it sat in a cupboard for a little while. So when I finally tried it again decided it was still noisy I contacted the technical team who agreed it sounded noisy over the phone and to take it back to store. This time, I took it to a different store and the guy sent it off and it came back with a replaced fan as it was faulty.

My issue is that I wanted to exchange it - which actually was within my rights, but I was sent away being told they wouldn't do that and there was nothing wrong with it. They did repair, but I'm still not happy that they sold me a faulty computer!! Is there anything I can do? It was a couple of days over the 28 days when I took it back again.

Thanks for any advice.

Cat

Browntoa

its up to the store , they offered a repair and its fine now

angryparcel

The store can offer a repair/refund or replacement. This is upto them which they offer, they repaired it and you say it is fine now.

George_Michael

Browntoa wrote: »

its up to the store , they offered a repair and its fine now

angryparcel wrote: »

The store can offer a repair/refund or replacement. This is upto them which they offer, they repaired it and you say it is fine now.

As Currys/PC World have carried out a repair they have acknowledged that the laptop was faulty and as this fault was reported to them within a couple of days after purchase, the OP was entitled to reject it and get a full refund.

Fosterdog

George_Michael wrote: »

As Currys/PC World have carried out a repair they have acknowledged that the laptop was faulty and as this fault was reported to them within a couple of days after purchase, the OP was entitled to reject it and get a full refund.

Except they asked for the opportunity to have it tested for the fault which they are allowed to do but OP declined and had also locked the laptop by forgetting their password, with windows 10 you can't just easily go in through a backdoor to test these things you need access to an admin account.

Had they allowed the testing it would most likely have been exchanged or refunded within the 30 days.

unholyangel

DavidP24 wrote: »

However, it seems to me what they have sold you something that is NOT FIT FOR PURPOSE, you clearly explained what you wanted to use the computer for and it is not capable of that task.

That is cause for rejection of the goods.

You need to collate some evidence that it is not fit for the purpose specified, for example a minimum spec from the software vendor you use. Or if you can demonstrate the files it creates are unplayable, damaged or unusable. Alternatively, you need an expert report that says same, this can be produced by a local computer consultant or business.

OP said its noisy - they haven't said anything about the files it creates being damaged or the computer not working so quite evidently, it is fit for purpose - just it may not be of satisfactory quality.

The problem is that it is now fixed but OP didn't want a repair. OP apparently took it into the shop within 30 days and they offered to send it away for testing but the OP didn't have their login. Had OP chased it up at the time, they would have been in a much stronger position.

OP, if its any consolation, the retailer is only allowed 1 attempt at a repair/replacement to bring the goods back within conformity of the contract. If the goods still do not conform after that repair/replacement, you have the option for a refund again.

DoaM

DavidP24 wrote: »

After the 30 days there is still a further 5 months when you do have to let them repair it.

Not quite.
You have to allow them to offer a remedy (one of which may be a repair, or a replacement, or a refund). Up to 6 months then any refund is in full; after 6 months then the refund can be discounted for usage of the goods.

And the 6 months figure just sets the boundary point for burden of proof (that any fault was inherent). A consumer can seek a remedy for up to 6 years from date of purchase (5 years from date of discovery of fault in Scotland), but after 6 months the seller can require the consumer to prove the inherent nature of the fault (e.g. via an engineer's report) before offering a remedy.

CoolHotCold

Unfortunately, I feel in this particular case you may be relying on good will.

The essential facts are

1. Brought in store.
2. Returned to store believing item to be faulty, KnowHow colleague said that it wasn't, but offered to send it for testing to confirm either way.
3. Item wasn't sent away, instead was taken back home.
4. No further contact with store or company until past the 30 day point (I'm guessing).
5. Returned to store after 30 days of purchase (I'm guessing) and unit was sent away.
6. Item was diagnosed with a fault at time of repair (outside 30 day, and so repair was sufficient under the CRA).


That's essentially it, if it develops another fault then you would be entitled to a exchange or refund, but currently not.

Fosterdog

DavidP24 wrote: »

Sorry but that is rubbish, it takes 5 minutes to nuke the password in Win10 and a new version of Windows will nuke over the old as good as new. I was a brand new machines with nothing of consequence on it AND PC World think nothing of nuking a disk when it suits them, without even giving customers a chance to back it up.

You clearly have no clue, very few windows 10 machines are set up with local only passwords, they are linked to a main Microsoft account. If you get locked out in a best case scenario you can use a different device and get your password reset via an email link or text message which can take anything from seconds to several hours to come through. worst case (if you either never set a rescue email or number or no longer have access to old ones) you have to fill out an online form with things like listing someone you have emailed recently, subject headings of recent emails, when you last logged in etc. this then goes in for a manual review with Microsoft and can take several days to unlock the account and I've seen numerous cases where Microsoft won't unlock the account as there is insufficient proof of who it belongs to.

Yes there are ways to get the system reset, but in this case it would be chargeable as even though the machine was faulty it is not their fault that someone managed to forget a password that they created or last used less than 30 days ago. You also don't know that there was nothing important on there. OP may have transferred some important files over as soon as setting it up and deleted them off an old machine and not kept a backup. You are just assuming that as it was new it had nothing of consequence on it.

Fosterdog

DavidP24 wrote: »

When you are in a hole, stop digging,

No need to make excuses for Currys.

Not making excuses, posting facts. Based on over 15 years of working in computer repairs, the last ten of those working for a competitor of Currys so I have no reason to make excuses for the competition I just happen to believe in this scenario they have done nothing wrong based on the information we've been given so far. Disagreeing with you and posting a detailed description of how you are wrong isnt making excuses for anyone.

And as for digging a hole, I posted a factual response with an explanation of how these things work the best you can come up with is to tell me to stop digging. If you don't believe what I have posted maybe you could post some counter evidence?

DoaM

DavidP24 wrote: »

Not sure what the not quite means, 30 days plus 5 months is 6 months.

In the first month you do not have to accept a repair, you just reject the goods

To the latter point - agreed. I was clarifying the Repair statement you made (implying that only a repair could be provided) ... the consumer can request a specific remedy (repair, refund, replacement) but the seller can choose the remedy which is most cost-effective to them. So the seller may choose to refund or replace rather than repair.

And even AFTER 6 months (and up to 6 years, 5 in Scotland) the same rights exist. The only relevance of 6 months is that is when the burden of responsibility shifts. (And the value of any remedy - particularly a refund - can be reduced because the consumer has had usage and value from the goods).