Refused Refund Faulty Replacement.

elKz_

Hello, 
I apologise firstly as this may get a bit lengthy.

In March 2018 I purchased a custom built PC for a large sum of money. Just before the first year of the warranty expired I ran into some issues and had to send the system back for repairs. After receiving the system back, some of the things that I was informed were wrong hasn't been fixed. Because of this, I had to send it straight back again - this issue began in March 2019 and went on until late August 2019. I believe I sent the PC back 4 times in total and on the final attempt the PC was damaged so they rebuilt it and upgraded it for me.

I received the new system back and still had issues. Thankfully we sorted these quickly and I went 4 months into January with the system working. 

I then had problems with the graphics card which they replaced instantly. We then fast forward to September 2020 and the same graphics card which was replaced in January is now faulty. This item cost £1325, I asked for a refund and was told that it's not within their policy to refund me, this was then repeated after I mentioned the Consumer Rights Act.

Have I got anything to go on? I do not want to accept a replacement for an item that seems to have a very high failure rate. But they seem to thing their policy is above the CRA. 

Thank you in advanced If anyone can help. 

chili1496

which card cost you£1325, or is that the cost of the whole build?

elKz_

chili1496 said:

which card cost you£1325, or is that the cost of the whole build?

The 2080 Ti FTW3. Considering the whole system was purchased together I'd even considered pursuing a refund for the whole build due to how this store are treating me. 

neilmcl

Inform them that under the CRA they're only allowed a single attempt at repair after which you are entitled to exercise your final right of rejection. However, bear in mind that you're not entitled to a full refund as the seller can reduce a refund to take into account the usage you've had from the machine. Also the onus is on you to prove any fault is down to an inherent manufacturing issue.

You may well have a fight on your hand and may end up having to take legal action to enforce your rights. Did you use a credit card for the purchase, if so you could consider raising a section 75 claim.

elKz_

neilmcl said:

Inform them that under the CRA they're only allowed a single attempt at repair after which you are entitled to exercise your final right of rejection. However, bear in mind that you're not entitled to a full refund as the seller can reduce a refund to take into account the usage you've had from the machine. Also the onus is on you to prove any fault is down to an inherent manufacturing issue.

You may well have a fight on your hand and may end up having to take legal action to enforce your rights. Did you use a credit card for the purchase, if so you could consider raising a section 75 claim.

Thank you. I expect them to put up a fight against the refund but honestly it's that or let them repair it again and probably have more issues going forward. 

I'm unsure how the system was originally paid for, it was 2 years ago now originally but I will attempt to find out once I contact them.

[Edit] It appears It was purchased using a finance company. 

mksysb

You have had the machine 2 and a half years so the chance of a refund is slim to none.  The clock doesn't restart on components that are replaced.

elKz_

mksysb said:

You have had the machine 2 and a half years so the chance of a refund is slim to none.  The clock doesn't restart on components that are replaced.

I've had this system 12 months. The original system was damaged in transit and therefore fully rebuilt using different components. 

mksysb

Yes, but if it was a direct replacement for the old machine, it'll be deemed to be 2 and a half years since you purchased it.

elKz_

mksysb said:

Yes, but if it was a direct replacement for the old machine, it'll be deemed to be 2 and a half years since you purchased it.

It wasn't a direct replacement, I was asked exactly what I wanted in the new machine and allowed a full new build. Everything about the system was changed.

Also before this full rebuild was done, the system had already been repaired 3 times before but each one had failed due to them not doing exactly what they said they were going to do.

neilmcl

elKz_ said:

mksysb said:

Yes, but if it was a direct replacement for the old machine, it'll be deemed to be 2 and a half years since you purchased it.

It wasn't a direct replacement, I was asked exactly what I wanted in the new machine and allowed a full new build. Everything about the system was changed.

Also before this full rebuild was done, the system had already been repaired 3 times before but each one had failed due to them not doing exactly what they said they were going to do.

Your statutory rights are bound to any breaches of the original contract, not replacement items, so the original purchase date is the relevant date.

If you took it on finance, and tbh I can't see how you would have forgotten that, then you can still raise a section 75 claim. 

elKz_

neilmcl said:

elKz_ said:

mksysb said:

Yes, but if it was a direct replacement for the old machine, it'll be deemed to be 2 and a half years since you purchased it.

It wasn't a direct replacement, I was asked exactly what I wanted in the new machine and allowed a full new build. Everything about the system was changed.

Also before this full rebuild was done, the system had already been repaired 3 times before but each one had failed due to them not doing exactly what they said they were going to do.

Your statutory rights are bound to any breaches of the original contract, not replacement items, so the original purchase date is the relevant date.

If you took it on finance, and tbh I can't see how you would have forgotten that, then you can still raise a section 75 claim. 

Given the 2 and a half years between now and the original purchase, I couldn't remember without checking the invoice. I'll do that If they refuse a refund again today.