John Lewis CRA

cono1717

Hello,

In May 2020 I ordered a macbook from John Lewis, within 12 months the USB C ports started playing up and so the laptop was sent back for a repair with JL, as a result, the USB Ports where replaced.

Fast forward to the last couple of weeks and the USB ports have gone faulty again, I wrote to JL to discuss a further repair under the CRA and they responded saying I needed to provide an independent engineer's report which I expected given the guarantee JL provided has passed.

However, JL are saying that the engineer needs to be VAT Registered and that any costs associated with the report wouldn't be refunded by JL if the report finds that the issue is a defect and not a result of accidental damage.

Is this correct? I know a few local repair shops in the area but I don't think any of them are VAT registered and I was always under the impression that the report costs would be refunded if indeed it is a defect?

As a side question, does anyone know of any companies that offer this report service - I suspect larger companies are more likely to be VAT registered.

Thanks!

user1977

Ask them why they think the engineer needs to be VAT registered.

Manxman_in_exile

Also ask them why this:

cono1717 said:

... However, JL are saying ...that any costs associated with the report wouldn't be refunded by JL if the report finds that the issue is a defect and not a result of accidental damage...

Are you sure you have that the right way round?

the_lunatic_is_in_my_head

cono1717 said:

However, JL are saying that the engineer needs to be VAT Registered and that any costs associated with the report wouldn't be refunded by JL if the report finds that the issue is a defect and not a result of accidental damage.

In the event of two parties disagreeing and both having a "report" a court would seek to understand who had the most experience, any business/sole trader/etc can become VAT registered, it doesn't automatically equal experience. 

OP you need an independent inspection to at least state the issue with the iPad ports wasn't caused by the user through damage/misuse, if it can state what the issue is all the better. 

If they dispute the inspection then simply send a letter before action, JL are very unlikely to go to the expense of their own inspection and then small claims simply because your "inspector" wasn't VAT registered, it's simply a ploy to make it appear more difficult in the hope you give up.

If they refuse to refund the cost of the inspection but agree to the repair then it's probably best to get the repair sorted and then send a letter before action for the cost of the inspection (which would be more of a bluff). 

Do you have an Apple store near you? I'm not sure what they offer but might be a place to start if convenient. 

cono1717

Manxman_in_exile said:

Also ask them why this:

cono1717 said:

... However, JL are saying ...that any costs associated with the report wouldn't be refunded by JL if the report finds that the issue is a defect and not a result of accidental damage...

Are you sure you have that the right way round?

This is the response I got from JL:

It is also the customers responsibility to provide the retailer with the relevant information under Consumer Rights so we would not be able to reimburse the costs to produce a report.

Manxman_in_exile

cono1717 said:

Manxman_in_exile said:

Also ask them why this:

cono1717 said:

... However, JL are saying ...that any costs associated with the report wouldn't be refunded by JL if the report finds that the issue is a defect and not a result of accidental damage...

Are you sure you have that the right way round?

This is the response I got from JL:

It is also the customers responsibility to provide the retailer with the relevant information under Consumer Rights so we would not be able to reimburse the costs to produce a report.

That's different from what you put in your first post...

Anyway, the generally accepted view on this forum seems to be that if your independent expert report shows that the fault was due to a defective component or to a fault in the manufacturing process and was present at sale, then the seller should reimburse you for the cost of the report.

But if the report tends to show the fault was caused by your misuse or by accident damage, then the seller  won't reimburse you for it.  (That's why I asked if you were sure you had it the right way round...) 

I say generally accepted view on this forum as I don't know myself where in law it says that

TadleyBaggie

Assume the MacBook has at least two USB-C ports, are they all faulty? If so that sounds very strange. I have a similar age MacBook and have had zero issues with the ports. 

born_again

user1977 said:

Ask them why they think the engineer needs to be VAT registered.

Best guess so you did not ask a mate to make up a report.🤷‍♀️ 

macman

born_again has got it spot on. 
However JL have really not thought this through. The independent engineer's report that can be required under CRA 2015 does not require proof of VAT registration. That would discriminate against the majority of IT repairers who are not turning over £85k pa. Such a demand is simply unenforceable.

user1977

born_again said:

user1977 said:

Ask them why they think the engineer needs to be VAT registered.

Best guess so you did not ask a mate to make up a report.🤷‍♀️ 

It doesn't prevent you from getting your VAT-registered mate to write it up!

screech_78

They’re wrong, I don’t know why they keep saying VAT registered.

It only needs to be from a company that they can verify are qualified to carry out a report. As born_again states, it can’t be a report written on plain paper with no credentials as otherwise anyone could have written it. 

You’re due the (reasonable) cost of the report back if an inherent fault (on the balance of probabilities) is determined.