EU legacy 2 year consumer rights cover

the_lunatic_is_in_my_head

powerful_Rogue said:

Straightbat said:

Update and first thanks to all.  

It was an independent repair shop that told me about the EU 2 year cover malarkey.  Fortunately researching it led me to this site, the fount of all knowledge.  

I contacted the repair shop who had reckoned it was a common fault which would probably be repaired for £75 when they sent it off to confirm diagnosis and fix.  But in the nick of time after I got back to them they retrieved it just as it had been "heated up" ready to be opened. 

I have now had Currys response too, who sent me a letter specifying that they required the diagnostic report as described by a poster earlier in this thread (thank you).  I was pleasantly surprised at how readily apple are willing to provide these reports exactly as required by Currys, having run their own diagnostics first (which they had done before I took it to the repair shop).  So now I have the necessary documentation as requested by Curry's so that they can "look to provide a contribution towards a repair or replacement".

I just need to check what my rights are for the extent of the remedy - whether just a "contribution" is legal and how much it should be.

Currys will have to either repair, replace or refund. Which option they choose is upto them. 

Although it can come down to this, this isn't particularly correct.

If the OP acquires an inspection in their favour they have the right to a repair or replacement. 

If that is impossible, too expensive or the trader refuses then the OP has the right to a refund (subject to a reduction as you mentioned). 

Currys as a company know this but often with big companies rights and company policy can become blurred with staff advising customers what they've been told to say or what they interpret. 

If posters are armed with the correct info to remind the trader that they have the obligation in the first instance to repair/replace they are more likely to see the result they are entitled to. 

There is also a fourth option of a price reduction whilst keeping the goods, this should be the difference between what was paid for and what was received, in the event of ordering a 64GB device but getting a 32GB and the consumer arriving at a point where they are entitled to and wish for a price reduction then the value of that is obvious. 

With goods that require repair I think a logical deduction can be made that the current value of the goods is £x minus the cost of repair (well in fact the value is less than that as a trader would require some profit or a personal customer some aspect of a bargain for the trouble if acting as a buyer in that equation but I don't think that comes into play here). Thus seeking the cost of repair as a price reduction, assuming not too expensive, appears fair, particularly as that is an obligation the trader should have met to begin with.

With an iPad people may wish to retain the goods, or more importantly all the data on it, rather than be imposed with a refund and as their rights typically entitled them to that I think it's important for that right to be laid out fully and correctly  

Straightbat

Curry's letter refers to a "contribution towards repair or replacenent".  Apple have put repair cost as £285.  Lunatic yes I would like to retain the goods.  Are you saying that 1. I'm entitled to a payment of £285 2. I am entitled to such a payment reduced to take account of a year's usage 3. I am entitled to neither but Curry's may offer one of these?

I am about to send my reply; how do you suggest I word my request a) on the basis of my rights b) on the basis of the resolution I am seeking if these differ?

Straightbat

the_lunatic_is_in_my_head said:

Please see reply above.  

the_lunatic_is_in_my_head

Straightbat said:

Curry's letter refers to a "contribution towards repair or replacenent".  Apple have put repair cost as £285.  Lunatic yes I would like to retain the goods.  Are you saying that 1. I'm entitled to a payment of £285 2. I am entitled to such a payment reduced to take account of a year's usage 3. I am entitled to neither but Curry's may offer one of these?

I am about to send my reply; how do you suggest I word my request a) on the basis of my rights b) on the basis of the resolution I am seeking if these differ?

Hello @Straightbat

After 6 months what should happen is:

1) You obtain a "report" to show what the problem is and possibly why. If it's a given that the fault wasn't caused by you (merely an example, failed soldering) then it could be taken as a given it wasn't caused by user error/misuse. If there's any ambiguity over whether the actual issue could be caused by error/misuse then ideally an opinion of what caused the fault.

Following assumes "report" in your favour

2) Retailer repairs or replaces the goods, that is their first obligation.

3) If the retailer can not repair/replace because it's impossible or disproportionately expensive or they simply fail to do so you may choose between:

a) Final right to reject the goods for a refund, after 6 months that refund can be reduced typically as ownership vs lifespan. 
b) A price reduction and keep the goods. 

So you aren't entitled to a refund/price reduction until you reach step 3 as really Currys should take it away and repair/replace. 

If they aren't willing to do so you may follow step 3, I assume £285 is the cost of repair with Apple, if the item is no longer under warranty with Apple (which I'm assuming it isn't) then an independent repair may be cheaper (if it is still in warranty an independent repair may void the warranty depending upon it's terms which ideally you don't want). 

Who are you dealing with at Currys? General customer service or has this issue been escalated at any point? 

Is communication by email or phone?

Do you have the report yet?

Have Currys either offered a repair/replacement or told you that you are entitled to one at any point?

Apologies if I'm asking questions you already answered

Straightbat

the_lunatic_is_in_my_head said:

Straightbat said:

Curry's letter refers to a "contribution towards repair or replacenent".  Apple have put repair cost as £285.  Lunatic yes I would like to retain the goods.  Are you saying that 1. I'm entitled to a payment of £285 2. I am entitled to such a payment reduced to take account of a year's usage 3. I am entitled to neither but Curry's may offer one of these?

I am about to send my reply; how do you suggest I word my request a) on the basis of my rights b) on the basis of the resolution I am seeking if these differ?

Hello @Straightbat

After 6 months what should happen is:

1) You obtain a "report" to show what the problem is and possibly why. If it's a given that the fault wasn't caused by you (merely an example, failed soldering) then it could be taken as a given it wasn't caused by user error/misuse. If there's any ambiguity over whether the actual issue could be caused by error/misuse then ideally an opinion of what caused the fault.

Following assumes "report" in your favour

2) Retailer repairs or replaces the goods, that is their first obligation.

3) If the retailer can not repair/replace because it's impossible or disproportionately expensive or they simply fail to do so you may choose between:

a) Final right to reject the goods for a refund, after 6 months that refund can be reduced typically as ownership vs lifespan. 
b) A price reduction and keep the goods. 

So you aren't entitled to a refund/price reduction until you reach step 3 as really Currys should take it away and repair/replace. 

If they aren't willing to do so you may follow step 3, I assume £285 is the cost of repair with Apple, if the item is no longer under warranty with Apple (which I'm assuming it isn't) then an independent repair may be cheaper (if it is still in warranty an independent repair may void the warranty depending upon it's terms which ideally you don't want). 

Who are you dealing with at Currys? General customer service or has this issue been escalated at any point? 

Is communication by email or phone?

Do you have the report yet?

Have Currys either offered a repair/replacement or told you that you are entitled to one at any point?

Apologies if I'm asking questions you already answered

I have the Apple report it is a catch all "logic board failure".  I have to send this to Curry's in response to their letter I received from them after my claim was passed (escalated if you like) to their "out of warranty team" after I had been referred to their KNOW HOW team over the phone, where you choose the Apple products option first.

Their letter asks for the report and says "upon receipt" they would look to "provide a contribution towards a repair or replacement dependant on the engineers findings".

An independent repair shop advised it was probably an "ic issue" which Apple told me is part of the logic board but Apple cannot confirm that particular fault.

Straightbat

It sounds as though they are going to give me a cash settlement and leave the repair or replacement to me.  However I cannot see how anything less than £285 would be appropriate if  they should repair or replace, as that amount has a significant built-in reduction in value anyway.  Plus they should offer expenses of arranging the repair and compensation for the time and trouble!

Jenni_D

Straightbat said:

It sounds as though they are going to give me a cash settlement and leave the repair or replacement to me.  However I cannot see how anything less than £285 would be appropriate if  they should repair or replace, as that amount has a significant built-in reduction in value anyway.  Plus they should offer expenses of arranging the repair and compensation for the time and trouble!

That would effectively be 3b per Lunatic's post above. As you know what that cost will be then the price reduction (i.e. refund) needs to be (from your perspective) at least that value.  

the_lunatic_is_in_my_head

Thanks @Straightbat

If you are happy with the cash refund then you can of course accept, if this is less than the £285 and the team you are dealing with refuse to meet you at £285 I would advise you either write to their head office or email the CEO email address (available on the CEO email site which Google should bring up for you) with something similar to the below. 

One note I know you don't particularly want a replacement but I don't see them providing one, it's more likely they'll either agree to repair themselves or even more likely just pay the £285 to be done with the matter. 

I assume you have something in writing to show the repair will be £285 and obviously include this with the letter. 

If you send the letter by post obviously keep copies of anything you can't reproduce just in-case the letter goes astray. 

Dear Currys

I am writing to you regarding order xxx which has suffered a logic board failure, please find attached a copy of the report confirming this as well as all previous communication with yourself.

Having taken advice, under the Consumer Rights Act 2015 I am entitled to a repair or replacement as the goods do not conform to the contract in terms of durability, if you are refusing to provide this as a remedy then I am entitled to exercise the right to a price reduction. 

I hereby request that the goods are either repaired or replaced by yourself or a price reduction of £285 is provided to cover the direct cost of carrying out the repair myself. 

Please find detailed below the legislation that supports my position. 

https://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

2)If the consumer requires the trader to repair or replace the goods, the trader must—

(a)do so within a reasonable time and without significant inconvenience to the consumer, and

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(b)to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Thank you in advance for your time and consideration to this matter and I look forward to a prompt and amicable resolve.

Sincerely,

Straightbat

Straightbat

Thanks - except I wouldn't be signing it Straightbat 🤣.  Hopefully won't be needed...

the_lunatic_is_in_my_head

Fingers crossed it will be straight forward and the team will agree to cover the refund without much fuss. 

If you have time to come back and let us know what happened it's always interesting to hear how things turned out