Section 75 CCA

CSGMART

I purchased a Microsoft Surface Pro 4 from Dixons Travel (Bristol Airport) in November 2015 and used my credit card.

Last month we updated the device using "Windows Update" to make sure we had all the latest operating software installed etc. Since then the keyboard does not work. We have swapped the keyboard for one we know works - it does not work on our device. Our keyboard does work when connected to another device.

I have applied all the 'fixes' advised by Microsoft including wiping and reinstalling the operating system - none of these have cured the problem. I am not alone and it seems there are many reports of exactly the same problem in many parts of the world. Microsoft have yet to acknowledge their update has caused a problem and whilst they may eventually release a fix we do not know if and when this might be. In the mean time I can use the device's inbuilt on-screen keyboard but I find this clunky and would prefer to use the 'proper' keyboard.

Microsoft have offered to swap my device for a refurbished one in exchange for £333. The replacement device would have a 90 day warranty.

As my own device is out of warranty do I have any come back from the credit card company I used to purchase the device with?

eskbanker

Sorry but I don't think you have a leg to stand on - S75 holds the card company equally as liable as the merchant in the event of misrepresentation or breach of contract, but fail to see how this is an issue with either the merchant or the card company.

You may well have a case against Microsoft but ultimately the issue has arisen because of something you've done (albeit following Microsoft's recommendations) and so I can't see any mileage in trying to claim a breach of contract or misrepresentation for a product purchased nearly two years ago (and that's presumably been working OK ever since?)....

CSGMART

Yeah - my son mentioned it to me and I was sceptical but thought I'd ask.

If anyone owns a Surface device do not update it - your keyboard will stop working!

chattychappy

I agree with eskbanker (as I usually do).

But if I were to disagree (!!) I would say something like this:

Dixons sold you that something that is meant to work with Windows 10 (I assume). At the time they sold it, it was expected that Windows 10 would be around for a good while longer and would be subject to updates. It is best practice and standard practice to keep laptops updated at all times. Indeed, often Windows encourages you to accept updates automatically and it is reasonable for you to rely on this procedure working.

You bought a Microsoft laptop and applied Microsoft updates - and it no longer works. Have laptops around the world stopped working because of these updates? No. That suggests something wrong with the laptop - it wasn't fit for purpose in that it wasn't resilient to something that happens around the world to laptops every few days.

As I say, the laptop should have been built to ensure it could take future updates without a problem, as most do. Unfortunately it wasn't. Your contract was with Dixons, so Dixons are on the hook. It could be breach of contract (sold with Windows, so an implied warranty that it would go on working with Windows/fit for purpose) or misrep along with similar lines.

So claim against Dixons and via S75 against the CC. They may well have a claim against Microsoft if they bought a batch of laptops that cannot "weather" updates.

Rather tenuous, but if I were to have a go, that's the way I'd argue it.