Whos name should be on any claim?

kmkmkm123

First post please be gentle.

My daughter brought me a laptop for Christmas and it’s faulty. PC World refuse’s to refund even though they should do.  I’m comfortable that in my circumstances I have a valid claim for a refund and my question is;

Can I make a claim using MCOL or does she have to do it as she made the purchase (she has the contract with PCWorld because the receipt is in her name)?  Is there any way I can do it as she will not want to be involved with a court

Thank you for any comments

born_again

As she purchased the laptop, she needs to deal with it. 

McKneff

It won't come to court. Ever. 
Tell her that . She bought it, she has to deal with it.
You don't automatically get a refund. Its up to the company as to whether they refund, repair or replace it. It depends on what is most cost effective

kmkmkm123

Hi McKneff

Nearly 40,000 posts that is impressive

'It won't come to court. Ever.'

Not sure what you mean – I’m already starting to complete the details using MCOL

'Tell her that . She bought it, she has to deal with it'.

Crikey that seems a bit harsh. It was a Christmas present from her to me. Some people are thick skinned and happy to engage a massive company in a law court (me). Other people would never ever go to court because of the stress, worry and fear (her)

'You don't automatically get a refund. Its up to the company as to whether they refund, repair or replace it. It depends on what is most cost effective'

As mentioned in my thread I have exhausted all the detailed guidance in the consumer rights act 2005 and the outcome is a stalemate. Maybe others should comment on your final line as I cannot see that any part of it is correct.....

Thank you

KeithP

You have no contract with the seller.

Your daughter has the contract with the seller and if the claim is that the seller has breached the contract then the purchaser is the only party that can claim for that breach.

However, you can of course do the leg work, but the Claimant's name must be that of your daughter.
When it comes to any hearing, you can act as her Lay Representative. A Lay Rep. effectively does all the speaking on behalf of the Claimant. The Claimant must attend any hearing and can be asked questions directly, either by the Judge or the defendant, which of course she must answer.

unholyangel

kmkmkm123 said:

'Tell her that . She bought it, she has to deal with it'.

Crikey that seems a bit harsh. It was a Christmas present from her to me. Some people are thick skinned and happy to engage a massive company in a law court (me). Other people would never ever go to court because of the stress, worry and fear (her)

'You don't automatically get a refund. Its up to the company as to whether they refund, repair or replace it. It depends on what is most cost effective'

As mentioned in my thread I have exhausted all the detailed guidance in the consumer rights act 2005 and the outcome is a stalemate. Maybe others should comment on your final line as I cannot see that any part of it is correct.....

Thank you

Could it be that your daughter might shy away from even gentle confrontation because mum does it for her? Offer to help her and be there to support her, but let her find her feet while you're here to catch her. How else will she cope when you're gone? 

Not a criticism. I understand the parental desire to help your kids in any way you can. I also understand there may be other considerations you haven't shared. But if it is just down to lack of confidence or experience, then imo it's best for them if they learn to do it themselves. 

Plus, as above, contract (and any rights enforceable under it) are hers.

Did you reject the goods within 30 days? If not, have you allowed them an attempt to repair or replace? You say they refuse to refund, can I infer that this means they've offered a repair or want to inspect it first? 

bris

You think you have a valid claim but do you? Curry's deal with genuine faults under warranty. I have used them that way a couple of times.

Why are they refusing your claim? You will know as they will have told you. as you say you exhausted the guidance.

Are you demanding a refund when they don't need to give you one? They have the right to replace or repair on genuine faults, are they saying it's user damage? There are a lot things you are not saying so getting the best advice is impossible without the full details.

neilmcl

kmkmkm123 said:

First post please be gentle.

My daughter brought me a laptop for Christmas and it’s faulty. PC World refuse’s to refund even though they should do.  I’m comfortable that in my circumstances I have a valid claim for a refund and my question is;

Can I make a claim using MCOL or does she have to do it as she made the purchase (she has the contract with PCWorld because the receipt is in her name)?  Is there any way I can do it as she will not want to be involved with a court

Thank you for any comments

Can you give us further details, in particular dates when it was purchased and when the fault was discovered. What is the fault exactly?

You have no involvement as to any alleged breach of contract, it's between your daughter and the retailer.

pbartlett

once she submits the mcol it is likely the retailer will try and settle so it may very well never reach court.

steampowered

Your daughter can "assign" her claim to you. All this needs is an email simply from her to you saying "I assign all of my rights under my contract with PC World to kmkmkm123".

You can then take the claim forward through MCOL in your own name.

You have the email if your right to bring the claim is challenged. 99% the claim would be settled before it reaches court.

kmkmkm123

KeithP

Thankyou – I think that you have answered my question.

For the others who have asked for further details;

Purchased 27 Nov ‘20

By the time I turned it on 26th Dec the 30 days was up.

The fault is that the laptop cannot  maintain a wi-fi link .

23rd Feb a repair was attempted by PC World (fresh BIOS installed) Still the same.

The 2015 Consumer  Rights Act means that I can a refund.

Thanks all