Consumer rights act 2015

Chazz

Hi just wondering if any one knows if I can claim a repair of John Lewis
I brought an iMac just over 3 years ago for £1600 . Recently it stopped working
So I took it to Apple where they told me the logic board had packed up working .
I asked if this was wear and tear and the Apple engineer said it should not have packed up
After 3 years .
Thanks Chazz

DoaM

You can bring a claim against the seller within 6 years of purchase. (Limitations Act sets this time limit). After 6 months from purchase the burden of responsibility for proving a fault was inherent (present but not apparent at the time of sale) falls to the consumer.

Assuming the seller requests the consumer to prove the inherent nature of the fault (they may not), the consumer does this by commissioning an engineer's report that identifies the fault and states (on the balance of probabilities) that the fault was inherent. The seller would then be liable to provide a remedy per the Consumer Rights Act and also refund the (reasonable) cost of the report.

What do you have in writing from Apple? It sounds to me like you've had a conversation only - that doesn't constitute an engineer's report, and "should not have packed up" doesn't infer an inherent fault.

What discussions have you had thus far with JL?

deethebee

You can claim for a repair, but if they refuse and don't accept any liability then it will be down to you to prove that it's not of satisfactory quality unfortunately. The fact the engineer admitted this is not a normal occurrence would suggest that it isn't satisfactory quality and you can use this as your evidence, but if they put you to strict proof and the engineer denies he said this it will be a bit of a battle. All you can do is ask, state that an iMac should last well over 3 years and as such the one you purchase is not of satisfactory quality and you would like to claim a repair in line with the Consumer Rights Act.

DoaM

OP can't use a conversation with Apple as evidence, unfortunately. If JL request evidence to support a claim then it needs to be as I've described above.

Bear in mind also that they're not obliged to provide a repair - they can also replace (with a likewise aged and specified device), or provide a partial refund to account for the time of ownership.

deethebee

DoaM wrote: »

OP can't use a conversation with Apple as evidence, unfortunately. If JL request evidence to support a claim then it needs to be as I've described above.

Bear in mind also that they're not obliged to provide a repair - they can also replace (with a likewise aged and specified device), or provide a partial refund to account for the time of ownership.

Depends. If they admit it then he can. If he speaks to them and says this is what the engineer said, which suggests it's not of satisfactory quality, it's something he can use to request the repair. If it goes to court and the engineer denies saying this then yes he will need more evidence. And engineer's report could be costly and may not be worthwhile, but is obviously a good way to back up his claim so it depends what he's willing to do. A report may not find in his favour and then he will be out of pocket for that too.

I'm aware there are other remedies than can be offered, but he only asked about a repair so that's all I responded to.

AndyMc.....

deethebee wrote: »

You can claim for a repair, but if they refuse and don't accept any liability then it will be down to you to prove that it's not of satisfactory quality unfortunately. The fact the engineer admitted this is not a normal occurrence would suggest that it isn't satisfactory quality and you can use this as your evidence, but if they put you to strict proof and the engineer denies he said this it will be a bit of a battle. All you can do is ask, state that an iMac should last well over 3 years and as such the one you purchase is not of satisfactory quality and you would like to claim a repair in line with the Consumer Rights Act.

How is the op gong to evidence what Apple have said without a written report?

AndyMc.....

deethebee wrote: »

Depends. If they admit it then he can. If he speaks to them and says this is what the engineer said, which suggests it's not of satisfactory quality, it's something he can use to request the repair. If it goes to court and the engineer denies saying this then yes he will need more evidence. And engineer's report could be costly and may not be worthwhile, but is obviously a good way to back up his claim so it depends what he's willing to do. A report may not find in his favour and then he will be out of pocket for that too.

I'm aware there are other remedies than can be offered, but he only asked about a repair so that's all I responded to.

The other two options are refund or replacement after three years what do you think the chances of that are?

deethebee

AndyMc..... wrote: »

How is the op gong to evidence what Apple have said without a written report?

By them admitting to what they said, either in writing or to John Lewis verbally. He doesn't need a written report if the person who said it admits they said it.

AndyMc..... wrote: »

The other two options are refund or replacement after three years what do you think the chances of that are?

I don't know why you're asking me this, it's not relevant how likely any of the remedies are - he asked about a repair and I told him he could request one.

[Deleted User]

deethebee wrote: »

By them admitting to what they said, either in writing or to John Lewis verbally. He doesn't need a written report if the person who said it admits they said it.

Do you think this is realistically going to happen? No one at John Lewis is going to contact the local Apple service agent and ask if they've examined the OP's iMac. If JL want an Apple employee's professional opinion, that would be a chargeable service surely?

I doubt the Apple "engineer" (more likely shopworker) is going to "admit" to anything.

In the meantime, it probably makes more sense for the OP to approach John Lewis about the item and see what is offered (or not).

[Deleted User]

deethebee wrote: »

. If it goes to court and the engineer denies saying this then yes he will need more evidence.

How would an Apple "engineer" be called to Court over a John Lewis dispute? The answer is that the OP could not use such "hearsay" evidence

deethebee wrote: »

I actually had a court claim where I made an accusation against a company that I could not back up but guess what? In their defence they admitted it and therefore I can use it as evidence. It wasn't likely that they would have admitted it - I knew that - but yet they still did

But in your experience the accusation you made was against the company concerned!

bris

Apple at their best, when you buy from apple they deny your consumer rights with the get a report stance after the warranty expires but buy from anywhere else and they stir the pot.


The evidence can't be used from what Apple said because they do no provide evidence of inherent faults, ever. They tell you what you want to hear to pass the buck back to the retailer.