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Laptop warranty problems

I'd really appreciate some advice on whether I’ve any consumer rights here?
I bought a laptop just over a year ago and it has had constant problems with turning off randomly and not starting up. So I returned it and they replaced it with a refurbished one because they said the motherboard had a fatal flaw.

My new one also has the same problem, but this was whilst I was working on my dissertation and knowing that last time I sent my laptop away to be fixed it took a month I put up with it until finishing uni.

However, now on contacting them again, they refused to let me return the laptop because it’s outside its warranty, but I thought that as I was given a new one a few months ago the warranty would reset? Is this not the case? If not is there anything I can do?

Also, if it can be returned can I ask it be returned for a refund as this particular model seems to have nothing but problems.

Comments

  • Ectophile
    Ectophile Posts: 7,999 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The warranty doesn't automatically reset, just because they have replaced the laptop.

    However, remember that the warranty is in addition to your statutory rights, not instead of them. You still have a claim against whoever sold you the laptop.

    If the problem is an inherent fault with the laptop (not something you've done), then it's their responsibility to repair, replace or refund. You can ask for what you want, but that don't have to do that. Since the laptop isn't new, you might not get a full refund.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • SouthUKMan
    SouthUKMan Posts: 383 Forumite
    edited 31 October 2017 at 12:24AM
    Forget the warranty. That has now expired (no, you don't get a replacement warranty).

    You need to use consumer law here, and based on what you said, you have a good case. The law states something like "goods must be as described, fit for purpose and last a reasonable amount of time for the price paid."

    Although you don't say how much you paid for the laptop, let's work through a realistic example. Let's say you paid £350 for a mid range model. You would expect a mid range model to last for maybe four or five years. So a laptop (and here we combine the ages of both the original laptop and the replacement) that fails after a year and a bit has not lasted for a reasonable amount of time for the price paid according to the law.

    To be clear using another example. Let's say laptop one fails after two years and it is then replaced with laptop two that again only lasts two years - in the eyes of the law, you've already had four years of reasonable use and therefore you wouldn't have much of a case (if any) against the retailer.

    The retailer can choose to either repair or replace your laptop with a similar spec model, or issue a refund - but they are entitled to ask you for a contribution / deduct fair usage respectively.

    Also worth adding that although most retailers know the law, many will tell customers that because the warranty has expired - there's nothing more they can do. Rubbish! The warranty has nothing to do with consumer law.
  • SouthUKMan wrote: »
    Forget the warranty. That has now expired (no, you don't get a replacement warranty).

    You need to use consumer law here, and based on what you said, you have a good case. The law states something like "goods must be as described, fit for purpose and last a reasonable amount of time for the price paid."

    Although you don't say how much you paid for the laptop, let's work through a realistic example. Let's say you paid £350 for a mid range model. You would expect a mid range model to last for maybe four or five years. So a laptop (and here we combine the ages of both the original laptop and the replacement) that fails after a year and a bit has not lasted for a reasonable amount of time for the price paid according to the law.

    To be clear using another example. Let's say laptop one fails after two years and it is then replaced with laptop two that again only lasts two years - in the eyes of the law, you've already had four years of reasonable use and therefore you wouldn't have much of a case (if any) against the retailer.

    The retailer can choose to either repair or replace your laptop with a similar spec model, or issue a refund - but they are entitled to ask you for a contribution / deduct fair usage respectively.

    Also worth adding that although most retailers know the law, many will tell customers that because the warranty has expired - there's nothing more they can do. Rubbish! The warranty has nothing to do with consumer law.

    Thanks for your really helpful advice!

    Problem I have now though is finding a computer shop to write me the report when they argue that itt's nearly impossible to tell if it's a manfacotirng defect or arised later.
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