John Lewis CRA

cono1717

TadleyBaggie said:

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. 

Two exactly, I've already had it repaired once for the same issue but apparently that's not enough for them, which I guess they can't verify I haven't threw it round the living room which is fair.

screech_78 said:

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. 

Do you have any evidence in law for this? I suspect they will play hardball so it would be nice to find a section (I can't seem to find anything in the CRA so far).

I have an appointment with Apple tomorrow to inspect the laptop where they will apparently state weather or not it's down to accidental damage on the quote they provide. Failing that there's a repair shop near the in-laws so I can venture over there to see if they do inspections.

Manxman_in_exile

Nobody is able to point to legislation or a decided case that says that an independent report has to be from a VAT registered firm because...  there is no such law or decided case that says that.  Ask JL what law says they have to be VAT registered.

If you can provide an independent report in your favour (that isn't written by yourself or by a mate) it's up to JL to justify why they won't accept it.  There may be many reasons why it wouldn't be acceptable, but simply being written by somebody who is not VAT registered is not a good reason not to accept it.

Get a report from Apple and/or the repair shop as to what caused the failure.

cono1717

@Manxman_in_exile apologies I should have edited the quote to point out I was asking for the legislation that says I should get the cost of the report back, they seem to have relented on the whole VAT registered aspect now but are adamant the cost of the report is mine to bare. 

km1500

It can also be written by a mate, all that is required is that it is independent and from a competent authority.

the_lunatic_is_in_my_head

cono1717 said:

@Manxman_in_exile apologies I should have edited the quote to point out I was asking for the legislation that says I should get the cost of the report back, they seem to have relented on the whole VAT registered aspect now but are adamant the cost of the report is mine to bare. 

There isn't anything specific, the cost of the inspection would be damages, contract law should require the injured party to be in the position they would have been had the other party not breached the contract, i.e had JL not breached the contract (by supplying goods that didn't conform to the contract) you wouldn't have suffered the cost of burden of proof. 

Again they are trying to make it appear as difficult as possible in the hope you go away, I'd see if you can get the inspection (as whatever that may cost it would presumably be less than the value of the fixed Macbook so is worth it either way) and if they provide a remedy (repair/replacement then price reduction/final right to reject) then push them on the cost of any inspection.  

macman

cono1717 said:

@Manxman_in_exile apologies I should have edited the quote to point out I was asking for the legislation that says I should get the cost of the report back, they seem to have relented on the whole VAT registered aspect now but are adamant the cost of the report is mine to bare. 

The cost is certainly yours to bear, but if your claim is successful under CRA 2015 then you should be refunded the full cost of the inspection in addition to any other compo.

bris

user1977 said:

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!

Is the VAT registered mate qualified to do an expert report?

I would assume they want VAT registered so its a big business qualified in this field and not just Joe Blogs doing the inspection

user1977

bris said:

user1977 said:

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!

Is the VAT registered mate qualified to do an expert report?

I would assume they want VAT registered so its a big business qualified in this field and not just Joe Blogs doing the inspection

But (as I think already pointed out) there's no legal requirement for an expert report to be provided by a "a big business".

Lots of expert witnesses are self-employed and probably not VAT-registered in relation to that part of their life.