Laptop fault - under 2 yrs - manufacture won't fix for free - help!

Mx42

I am looking for advice please!

Laptop purchased direct from manufacturer end of January 2020.  It was £1500.  Purchased via their own online shop an the invoice states the contract was with xxxxx UK Ltd and that 'Sales are governed by the laws of the country and locality of delivery'.

Wi fi card ceased working December 2021.  Phoned Tech Support who I then went through a series of software / driver / OS potential solutions, culminating with a complete clean installation of Windows 10 from USB stick.  Didn't work.  So I was directed to the fixing department and said the cost for repair would be £314.  I mentioned that I felt under Part 1 Chapter 2 of the Consumer Rights Act 2015 the repair should be no charge as SAD FART.  I also quoted the contract on the back of the invoice that states:

'According to the EU Directive 99/44, if a lack of conformity existing at the time of delivery becomes apparent within 2 years as from delivery of the product to you, consumers are entitled to have the product brought into conformity free of charge by repair or replacement, or to have an appropriate reduction made in the price or the contract rescinded with regard to such product.'

And the response was the laptop has a one year warranty that has lapsed therefore they will repair only if I pay the £314.  I understand that the support agent can only follow the script so did not expect them to waive the charge, so I asked to speak with a manager or supervisor.  That was not possible for a number of reasons given .... anyway on Fri 30 Dec 2020 they said my case would be escalated to escalations and I should receive a call back on Tue 3 or Wed 4 Jan 2023.  No call back.  So called Thu 5 Jan 2023 at 16:00 hrs and they said a callback by 18:00 hrs.  No callback!

I am waiting for a call back again today.  Luckily I am working from home this week so can take a call and don't have to wait around.  Should they call ...

Would appreciate views on my understanding of UK consumer law and my rights to have the less than two year old laptop fixed for free

I don't want to mention the manufacture name - yet - so advice on how to actually speak with someone who can make a decision

Should advice on should I pay and they claim money back via Small Claims Court?

Any other advice??

Thanks in advance!

macman

If the laptop had a manufacturer's warranty of only one year, then you have no claim at all under your contractual  rights. Therefore, assuming this was a consumer purchase, your rights are statutory only, against the retailer, under CRA 2015.
But, as you are now outside the 6m limit, you have to prove that the fault was pre-existing, so you would need to provide an independent engineer's report demonstrating this, at your expense. Without this, you would be unlikely to succeed in a small claims case.
The key word here is 'existing at the time of delivery'. After 6m, the assumption is that it did not, and so the burden of proof falls on you.
It would help if you stated what the actual hardware fault was.
Too late now, but for such an expensive purchase, it's better to use a retailer who offers at least a 24m warranty, such as JL

Mx42

I don't know what the hardware fault is - just windows saying that the wi fi card is not working and tech support saying simply it isn't working and needs replacing.

I purchased direct from the manufacturer.

Many thanks for the advice - not what I wanted to hear to be honest!  But it is what it is.  And your advice has educated me for future reference.

To be fair the most annoying thing is the very poor customer service.  Tech support was very poor and not following up with promised call backs is also extremely back service.

HillStreetBlues

At least you have a very easy fix, buy a USB wi-fi adaptor.

Mx42

HillStreetBlues said:

At least you have a very easy fix, buy a USB wi-fi adaptor.

Can connect via Bluetooth (phone) or wired connection (well, wired into the mesh system in my house - using a dongle as the laptop doesn't have an ethernet port!).  And have a USB dongle as an option but would be nicer not to be wired in or need to use dongles.

the_lunatic_is_in_my_head

Hello OP

Goods need to be durable so if an internal part fails on it’s own before it’s time then the goods do not conform to the contract in terms of durability.

After 6 months it’s no longer taken that goods do not conform and it’s for the consumer to demonstrate if required.

Typically this is done by way of an independent inspection, small claims is balance of probability so really you are at the least looking to show the part didn’t fail due to misuse or user error.

If you obtained this, presented it to the trader and they still refused a free repair you could pay the fee and then claim it back via small claims.

There is a website called CEO email and many large companies are listed there with a contact email for a higher level of service, this is always worth a try as it’s quick and free.

You could then send a letter before action without an inspection to see what their response is but if you actually go to small claims the inspection would be necessary.

If you end up having to get a report you should expect the trader to cover the cost.

Mx42

the_lunatic_is_in_my_head said:

Hello OP

.....

There is a website called CEO email and many large companies are listed there with a contact email for a higher level of service, this is always worth a try as it’s quick and free.

.....

Thanks for the tip - I have been connected on LinkedIn to a few UK directors of the manufacturer so may well use that forum - and in the distant past did write to a CEO about poor customer service and received a refund. I also once wrote to a CEO about absolutely awesome customer service only to receive an apology about the poor experience and a voucher card as compensation!

400ixl

What model Laptop is it? Most laptops use standard internal wifi card fittings these days rather than having them soldered into the main board. There are only a couple of different types of these fittings and replacement cards can be had for around £25 and often very easy to self fit.

The model of wifi card does not have to be exactly the same as the OEM fitted, just compatible with the OS and have drivers available.

DullGreyGuy

The EU directive never applied in the UK as it was deemed the SoGA and subsequently CRA already provided comparable or better consumer protection. You have probably muddied the waters by starting to talk about warranties as you are not attempting to claim under your 1 year manufacturers warranty but claiming from them under your statutory rights against them as a retailer rather than manufacturer. 

The problem with manufacturers with direct retail operations is that those tend to be small in comparison to their whole business and so agents etc are much more trained and used to dealing with matters as a manufacturer than as a retailer. 

Whilst the law does require you to prove the fault after the first 6 months in practice most companies deal with establishing that themselves as its cheaper than having to reimburse third party reports (and you may think they've more control on the decisions if you are cynical).

You just need to be crystal clear each time that you are contacting them in their capacity as the retailer of your purchase not the manufacturer and your rights under the CRA not any warranty

Mx42

DullGreyGuy said:

... You have probably muddied the waters by starting to talk about warranties as you are not attempting to claim under your 1 year manufacturers warranty but claiming from them under your statutory rights against them as a retailer rather than manufacturer. 

......

I never claimed they should repair under the warranty, and only mentioned the word warranty when saying I was not claiming under warranty.  I kept correcting them when they said my warranty had expired - I only ever claimed under the CRA 2015 and had the SAD FART post from this site in front of me so I said the correct things.  The EU thing was an additional comment afterwards.  

And I was throughout the call mild mannered and polite.  I never raise my voice or lose my temper with call centre staff - or anyone really - as I know they are fellow human beings and must always be treated with respect.

Mx42

I am not mentioning the brand except it is a large multi national company.  The OS is Windows - bought the laptop for one of my kids as I couldn't persuade them to join me as an Apple user!!!

It is an interesting point @400ixl - if they don't repair for free I will find a local independent computer repair shop and see what they can do.