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HP laptop unfixable after 14 months. Curry’s offer 50% refund

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  • kaggi
    kaggi Posts: 256 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    kaggi said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.

    As stated earlier in this thread (and excluding any warranty right you may have with HP) your right is to a partial refund. Yes, there is an argument that Curry's offer is too low but I don't see an entitlement to a full refund.
    I completely agree but they’ve now withdrawn that offer and are returning it unfixed with a letter, so I have paid £690 (£630 for the laptop and £60 for them not to fix it) for something that has lasted 18 months.  I agree I should pay something for the usage and I’m happy to do that but they are being unbelievably unhelpful so I have submitted a claim via the resolver app and if they don’t respond to that I will go down section 75.  
    Do update us as to progress - I also have the view that a bit of renegotiation would have been better than demanding an outright refund and threatening S75. No doubt they'll have a team that deal with claims that reach this stage, so will be interesting as to how they respond. I fully agree that their offer was below where it should have been, but hope you haven't cut off your nose to spite your face as the old saying goes. Fingers crossed it'll go your way. 
    Thanks, I would’ve much preferred that as I need a working laptop, but there’s been nobody to negotiate with.  Every time I call or use chat I get fobbed of and assured someone will look into it and call me back and they don’t.  I don’t really see what choice they’ve left me with which is really sad as, until now, I was always so happy with curry’s/pc world, but maybe that’s only because nothing has ever gone wrong before.  
  • macman said:
    zoob said:
    Jono111 said:
    Get a quote from HP to repair it, the ones we get done at work cost just under £300 for most faults. That way you can accept the partial refund and get it fixed at no cost to yourself 
    I would assume the laptop becomes currys property when they give partial refund 
    Of course, because in turn they'll be seeking a refund of the wholesale price from HP.
    Almost never happens. 

    Retails have debit agreements with manufacturers/suppliers. A refund of the cost price only applies if the item is DOA (faulty within 30 days of purchase). Anything out with this, the retailer might get a very small percentage back however from experience, it’s usually a soul destroying battle. 
  • kaggi said:
    kaggi said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.

    As stated earlier in this thread (and excluding any warranty right you may have with HP) your right is to a partial refund. Yes, there is an argument that Curry's offer is too low but I don't see an entitlement to a full refund.
    I completely agree but they’ve now withdrawn that offer and are returning it unfixed with a letter, so I have paid £690 (£630 for the laptop and £60 for them not to fix it) for something that has lasted 18 months.  I agree I should pay something for the usage and I’m happy to do that but they are being unbelievably unhelpful so I have submitted a claim via the resolver app and if they don’t respond to that I will go down section 75.  
    Do update us as to progress - I also have the view that a bit of renegotiation would have been better than demanding an outright refund and threatening S75. No doubt they'll have a team that deal with claims that reach this stage, so will be interesting as to how they respond. I fully agree that their offer was below where it should have been, but hope you haven't cut off your nose to spite your face as the old saying goes. Fingers crossed it'll go your way. 
    Thanks, I would’ve much preferred that as I need a working laptop, but there’s been nobody to negotiate with.  Every time I call or use chat I get fobbed of and assured someone will look into it and call me back and they don’t.  I don’t really see what choice they’ve left me with which is really sad as, until now, I was always so happy with curry’s/pc world, but maybe that’s only because nothing has ever gone wrong before.  
    OP always worth a try to Google CEO email and search that site for Currys, the email address there will go to a higher level of customer service, they might take a little while to reply but hopefully would be better placed to deal with something "off script".
    In the game of chess you can never let your adversary see your pieces
  • eskbanker
    eskbanker Posts: 37,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
  • Undervalued
    Undervalued Posts: 9,578 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eskbanker said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
    Yes and no.

    If it is disputed the credit card company will need information from Curry's as to why they felt they were within their rights not to meet the OP's demands. The agreement between the retailer and the CC company will give them the right to that information.
  • eskbanker
    eskbanker Posts: 37,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    eskbanker said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
    Yes and no.

    If it is disputed the credit card company will need information from Curry's as to why they felt they were within their rights not to meet the OP's demands. The agreement between the retailer and the CC company will give them the right to that information.
    If it's disputed by who?  There will be no agreement as such between the retailer and OP's CC company, and my understanding is that (unlike chargeback) credit card companies will typically deal with s75 claims on their own merits rather than liaising with merchants, although they may seek an independent report....
  • eskbanker said:
    eskbanker said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
    Yes and no.

    If it is disputed the credit card company will need information from Curry's as to why they felt they were within their rights not to meet the OP's demands. The agreement between the retailer and the CC company will give them the right to that information.
    If it's disputed by who?  There will be no agreement as such between the retailer and OP's CC company, and my understanding is that (unlike chargeback) credit card companies will typically deal with s75 claims on their own merits rather than liaising with merchants, although they may seek an independent report....
    The company I work for frequently get section 75 complaints sent to us from the card issuer. We respond with any evidence we have and as far as I know, the credit card company will then look at both sides and make a decision.

    A section 75 comes out of the credit card’s pockets so they won’t make a decision based purely on the OP’s thoughts. 
  • Undervalued
    Undervalued Posts: 9,578 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eskbanker said:
    eskbanker said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
    Yes and no.

    If it is disputed the credit card company will need information from Curry's as to why they felt they were within their rights not to meet the OP's demands. The agreement between the retailer and the CC company will give them the right to that information.
    If it's disputed by who?  There will be no agreement as such between the retailer and OP's CC company, and my understanding is that (unlike chargeback) credit card companies will typically deal with s75 claims on their own merits rather than liaising with merchants, although they may seek an independent report....
    The company I work for frequently get section 75 complaints sent to us from the card issuer. We respond with any evidence we have and as far as I know, the credit card company will then look at both sides and make a decision.

    A section 75 comes out of the credit card’s pockets so they won’t make a decision based purely on the OP’s thoughts. 
    Exactly this ^^^^^^^
  • Undervalued
    Undervalued Posts: 9,578 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    eskbanker said:
    eskbanker said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
    Yes and no.

    If it is disputed the credit card company will need information from Curry's as to why they felt they were within their rights not to meet the OP's demands. The agreement between the retailer and the CC company will give them the right to that information.
    If it's disputed by who?  There will be no agreement as such between the retailer and OP's CC company, and my understanding is that (unlike chargeback) credit card companies will typically deal with s75 claims on their own merits rather than liaising with merchants, although they may seek an independent report....
    The credit card company. They are very unlikely to pay based on only the customer's side of the story and are fully entitled to hear what the retailer has to say on the matter before deciding.

    With respect, I think your understanding is wrong and the situation is normally as described by @screech_78 above.
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,281 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 8 November 2022 at 11:03AM
    eskbanker said:
    eskbanker said:
    kaggi said:
    Curry’s have said they’re returning it unfixed with a letter so section 75 it is then as they just don’t seem to be remotely bothered. 14 months isn’t okay when my old ASUS laptop lasted 10 years.  
    I sympathise but I don't think you have a right to a full refund via s75. I suspect Curry's will fight if you go down that route.
    Surely the whole point of section 75 is that it's claiming directly from the credit provider by holding them to be liable, so such action would circumvent Curry's - that still doesn't necessarily mean a full refund will be forthcoming but Curry's opinion on the matter is irrelevant at that stage.
    Yes and no.

    If it is disputed the credit card company will need information from Curry's as to why they felt they were within their rights not to meet the OP's demands. The agreement between the retailer and the CC company will give them the right to that information.
    If it's disputed by who?  There will be no agreement as such between the retailer and OP's CC company, and my understanding is that (unlike chargeback) credit card companies will typically deal with s75 claims on their own merits rather than liaising with merchants, although they may seek an independent report....
    The credit card company. They are very unlikely to pay based on only the customer's side of the story and are fully entitled to hear what the retailer has to say on the matter before deciding.

    With respect, I think your understanding is wrong and the situation is normally as described by @screech_78 above.
    They can obviously hear what the retailer has to say and presumably use that to their advantage but what are Currys going to say?

    We think the goods conformed to the contract but offered the customer £300 for their laptop because we're nice? 

    The issue appears to solely be over the amount rather than what's wrong with the laptop, Currys (and perhaps the card provider) may think £300 is acceptable, OP doesn't, if an agreement can't be made OP has the choice to get another opinion (small claims). 

    At a glance of Currys repair service it says they'll take a fixed fee and then phone to agree repair costs (after the inspection I presume), I might be missing it but I don't see anything to say they'll refund the product if it can't be fixed as part of their repair service. Of course I don't know exactly what OP paid £60 for as it hasn't been stated, if Currys are offering something where they refund if they can't repair OP would have to check the terms but that doesn't stop them enforcing their rights against Currys or the card provider, only thing OP may be missing is a independent inspection, if only one of the parties involved had already carried out an inspection and could offer up the information stating what has caused this problem with the laptop...... 
    In the game of chess you can never let your adversary see your pieces
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