Consumer Rights on Insurance Repair

John_dennis

This is a question on enforcable warranty period on 'tech' repairs through an insurance claim.

We have 'Tech Insurance' with Lifestyle Management through Barclays Bank. Last December, our laptop screen was broken and I paid £75 excess to have the screen repaired with Lifestyle Management. It was returned to us on the 19 December 2018.

Unfortunately the screen failed (backlight would not work so the screen could not be seen) in June 2019. I reported this to Life Style Management on 12 June 2019 (within 6 months of the original replacement). Lifestyle management said they would not do anything as the fault was reported outside their 3 month warranty window. The only option they provided was to raise another claim with another £75 excess.

Speaking with a friend, I was told that the 2015 Consumer Act specifies a minimum 6 month warranty period on all consumer 'tech' repairs. His understanding is that this 6 months warranty superseded anything written into a company's terms and conditions.

Is this correct?

If not is there any other way to hold Lifestyle management to account for the fault in the laptop screen. I was wondering about reporting to the Financial Ombudsman.

Any feedback much appreciated.

unforeseen

Ask your friend what section of the act he is talking about.

AFAIK there is nothing specific about consumer tech equipment. The is a section about digital content.

John_dennis

My friend wasn't sure where he saw it thats what I was trying to find out. Thanks for your help though.

John_dennis

Having looked at the Act, I wanted to clarify that the repair is covered by the six month window 'warranty' on goods defined by the Act and that the 3 month warranty defined by Assurant is unlawful and they are liable to repair the fault.

DoaM

To my understanding, a consumer purchase of goods or services falls within the Consumer Rights Act 2015.

Within 6 months from the supply of goods or services (e.g. a repair), if there is still a non-conformance to contract then it is for the supplier to prove that the non-conformance is due to the consumer rather than an inherent failure in the product or service. (After 6 months the burden of proof switches to the consumer).

I haven't looked to see which section refers.

John_dennis

Do replacement goods supplied under an insurance claim fall under the conditions of the 2015 Consumer Act?