Faulty laptop.... Do I have to accept a repair?

Mumstheword

Hi, I'll try to keep this brief so please ask if I've missed out info...

Laptop bought late June.
Online purchase. 
Opened 6th July and it would not switch on. 
I messaged the retailer on 6th July. They said it was a build up of static and sent me a list of things to do to resolve it. It came on. It worked a few times. 
It was only bought for occasional use. I tried it a few times over the next month or so and couldn't get it to come on.
September/October (I could supply the date if needed), I messaged the retailer again to say it still wasn't working, still had the same fault and that I was rejecting it and wanted a refund. 
They are refusing a refund with the reason being that I didn't get back in touch with them within 30 days of originally notifying them of the fault.
They are collecting it tomorrow but only offering to send it to the manufacturer for repair. 

Am I entitled to a refund? I did notify them of the fault approx 2 weeks after purchase (when I first opened it) 

When I notify of a fault, are they right that I have to get back in touch with them in the following 30 days of the fault occurs again? 

Thanks! 

elsien

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#:~:text=Something%20faulty%3F,most%20cases)%20of%2030%20days.

When you notified them of the fault, what did you tell them you wanted? Did you tell them you wanted a refund?

Jenni_D

If you (OP) did something on their advice that got it working the first time then that (probably) doesn't count as a repair attempt. As it is now more than 30 days since purchase (but less than 6 months) then the seller is entitled to choose the remedy - repair, replace or refund ... they've chosen to repair. IF it fails again then you can exercise your Final Right to Reject ... for a full refund if it fails again within 6 months from delivery.

Mumstheword

elsien said:

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#:~:text=Something%20faulty%3F,most%20cases)%20of%2030%20days.

When you notified them of the fault, what did you tell them you wanted? Did you tell them you wanted a refund?

I don't think, from memory, I asked for anything. I informed them it was faulty. They said it would be build up of static and have me instructions to clear that. It then came on. They said it wouldn't happen again and I trusted that to be true🙂

Mumstheword

Jenni_D said:

If you (OP) did something on their advice that got it working the first time then that (probably) doesn't count as a repair attempt. As it is now more than 30 days since purchase (but less than 6 months) then the seller is entitled to choose the remedy - repair, replace or refund ... they've chosen to repair. IF it fails again then you can exercise your Final Right to Reject ... for a full refund if it fails again within 6 months from delivery.

Thanks 🙂 I will have to let them try to repair then 👍. I was hoping that as it is the same fault I notified them of straight away, I'd have more rights to refund. Thanks for your answer

Okell

Mumstheword said:

elsien said:

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#:~:text=Something%20faulty%3F,most%20cases)%20of%2030%20days.

When you notified them of the fault, what did you tell them you wanted? Did you tell them you wanted a refund?

I don't think, from memory, I asked for anything. I informed them it was faulty. They said it would be build up of static and have me instructions to clear that. It then came on. They said it wouldn't happen again and I trusted that to be true🙂

Mumstheword said:

Jenni_D said:

If you (OP) did something on their advice that got it working the first time then that (probably) doesn't count as a repair attempt. As it is now more than 30 days since purchase (but less than 6 months) then the seller is entitled to choose the remedy - repair, replace or refund ... they've chosen to repair. IF it fails again then you can exercise your Final Right to Reject ... for a full refund if it fails again within 6 months from delivery.

Thanks 🙂 I will have to let them try to repair then 👍. I was hoping that as it is the same fault I notified them of straight away, I'd have more rights to refund. Thanks for your answer

Hold on a minute...

Under the Consumer Rights Act 2015 a retailer is only allowed one single attempt at either a repair or a replacement.

If the fault is not fixed by that single attempt, the consumer is entitled to reject the item for a refund.

I'm wondering if you have an argument here to say that when you originally complained to the retailer that it wouldn't turn on, and they gave you instructions as to how to clear the static, whether those instructions could be said to be a first attempt to repair it - which has clearly failed?

If the instructions can be said to have been a first attempt at repair and the repair has failed, you can reject the item now within 6 months of purchase for a full refund.

If the instructions can't be said to have been a first attempt at repair, then the seller is still entitled to have one go at either repairing or replacing the item.  Their choice.

I don't know whether the instructions they gave you to clear the static can be said to be a first attempt at repair or not - I don't know enough about computers.  See what other posters* think.  [Edit:  personally I think the instuctions could be seen as the first attempt at repair.  But what do I know]

The definition of a "repair" for the purposes of the Consumer Rights Act 2015 is in s23(8):  "In this Chapter, 'repair' in relation to goods that do not conform to a contract, means making them conform"


*@the_lunatic_is_in_my_head might know...

Mumstheword

Okell said:

Mumstheword said:

elsien said:

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#:~:text=Something%20faulty%3F,most%20cases)%20of%2030%20days.

When you notified them of the fault, what did you tell them you wanted? Did you tell them you wanted a refund?

I don't think, from memory, I asked for anything. I informed them it was faulty. They said it would be build up of static and have me instructions to clear that. It then came on. They said it wouldn't happen again and I trusted that to be true🙂

Mumstheword said:

Jenni_D said:

If you (OP) did something on their advice that got it working the first time then that (probably) doesn't count as a repair attempt. As it is now more than 30 days since purchase (but less than 6 months) then the seller is entitled to choose the remedy - repair, replace or refund ... they've chosen to repair. IF it fails again then you can exercise your Final Right to Reject ... for a full refund if it fails again within 6 months from delivery.

Thanks 🙂 I will have to let them try to repair then 👍. I was hoping that as it is the same fault I notified them of straight away, I'd have more rights to refund. Thanks for your answer

Hold on a minute...

Under the Consumer Rights Act 2015 a retailer is only allowed one single attempt at either a repair or a replacement.

If the fault is not fixed by that single attempt, the consumer is entitled to reject the item for a refund.

I'm wondering if you have an argument here to say that when you originally complained to the retailer that it wouldn't turn on, and they gave you instructions as to how to clear the static, whether those instructions could be said to be a first attempt to repair it - which has clearly failed?

If the instructions can be said to have been a first attempt at repair and the repair has failed, you can reject the item now within 6 months of purchase for a full refund.

If the instructions can't be said to have been a first attempt at repair, then the seller is still entitled to have one go at either repairing or replacing the item.  Their choice.

I don't know whether the instructions they gave you to clear the static can be said to be a first attempt at repair or not - I don't know enough about computers.  See what other posters* think.  [Edit:  personally I think the instuctions could be seen as the first attempt at repair.  But what do I know]

The definition of a "repair" for the purposes of the Consumer Rights Act 2015 is in s23(8):  "In this Chapter, 'repair' in relation to goods that do not conform to a contract, means making them conform"


*@the_lunatic_is_in_my_head might know...

Thankyou, (and sorry for keep quoting, I'm not sure how else to reply directly to a particular comment) 

Thanks also for tagging another who you think might have good insight into this issue. 

I did wonder if I was obliged to let them attempt a repair anyway, because I notified them straight away (or, within 30 days).

If they'd offered, I would actually have accepted a replacement. 

I think they're a bit naffed off with me because they wanted me to deal direct with the manufacturer. So they've warned me that it will now take longer as it's going through them first. 
I'm don't mind them being naffed off. That's a them problem, not a me problem🙂

the_lunatic_is_in_my_head

Okell said:

I'm wondering if you have an argument here to say that when you originally complained to the retailer that it wouldn't turn on, and they gave you instructions as to how to clear the static, whether those instructions could be said to be a first attempt to repair it - which has clearly failed?

I'm not sure, partly because I know zip about computers so can't say if the static issue is a "fault" rising to the level of the goods not conforming, I'm also not sure if basic trouble-shooting steps would be classed as a repair and if that went beyond the basics (say opening up the computer) would the fact the consumer has done so rather than handing the goods back to the trader make it a repair, the regs talk about requiring the trader to repair, although the troubleshooting could be seen as a repair even if the consumer carried out the physical action. 

In short I really have no idea on this one, with apologies OP as this reply doesn't help you  

If they take it away for repair now and anything goes wrong with it at a later date then there would of course be the right to refuse further repairs and insist upon a refund (final right to reject). 

Obviously rejecting now would be ideal as it's within 6 months so a full refund would be due, who did you buy from OP? If this is a big company like Currys you might get somewhere (probably because they just want rid of the situation), a more independent company is less likely to want to lose out by refunding so you might face more resistance.  

Jenni_D

That's why I said "probably" re. the first action being undertaken by the OP per seller's instructions. I don't know for certain, but I'd agree that this would likely be classed as initial troubleshooting so not a repair attempt.

Ergates

Okell said:

Mumstheword said:

elsien said:

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#:~:text=Something%20faulty%3F,most%20cases)%20of%2030%20days.

When you notified them of the fault, what did you tell them you wanted? Did you tell them you wanted a refund?

I don't think, from memory, I asked for anything. I informed them it was faulty. They said it would be build up of static and have me instructions to clear that. It then came on. They said it wouldn't happen again and I trusted that to be true🙂

Mumstheword said:

Jenni_D said:

If you (OP) did something on their advice that got it working the first time then that (probably) doesn't count as a repair attempt. As it is now more than 30 days since purchase (but less than 6 months) then the seller is entitled to choose the remedy - repair, replace or refund ... they've chosen to repair. IF it fails again then you can exercise your Final Right to Reject ... for a full refund if it fails again within 6 months from delivery.

Thanks 🙂 I will have to let them try to repair then 👍. I was hoping that as it is the same fault I notified them of straight away, I'd have more rights to refund. Thanks for your answer

Hold on a minute...

Under the Consumer Rights Act 2015 a retailer is only allowed one single attempt at either a repair or a replacement.

If the fault is not fixed by that single attempt, the consumer is entitled to reject the item for a refund.

I'm wondering if you have an argument here to say that when you originally complained to the retailer that it wouldn't turn on, and they gave you instructions as to how to clear the static, whether those instructions could be said to be a first attempt to repair it - which has clearly failed?

If the instructions can be said to have been a first attempt at repair and the repair has failed, you can reject the item now within 6 months of purchase for a full refund.

If the instructions can't be said to have been a first attempt at repair, then the seller is still entitled to have one go at either repairing or replacing the item.  Their choice.

I don't know whether the instructions they gave you to clear the static can be said to be a first attempt at repair or not - I don't know enough about computers.  See what other posters* think.  [Edit:  personally I think the instuctions could be seen as the first attempt at repair.  But what do I know]

The definition of a "repair" for the purposes of the Consumer Rights Act 2015 is in s23(8):  "In this Chapter, 'repair' in relation to goods that do not conform to a contract, means making them conform"


*@the_lunatic_is_in_my_head might know...

I don't think a standard reset procedure carried out by the customer would count as a repair attempt - those kinds of instructions are often on line and could be carried out without contacting the retailer, and are often carried out *before* determining if something needs a repair.

the_lunatic_is_in_my_head said:
if that went beyond the basics (say opening up the computer) would the fact the consumer has done so rather than handing the goods back to the trader make it a repair, the regs talk about requiring the trader to repair, although the troubleshooting could be seen as a repair even if the consumer carried out the physical action.  

I'm pretty certain that if a customer opened up a laptop case it would not only void the warranty, but would make it a lot harder to claim against the retailer.  I don't know how much legal weight it would carry but "You opened the case, you broke it" would be a fairly strong argument.

Mumstheword

the_lunatic_is_in_my_head said:

Okell said:

I'm wondering if you have an argument here to say that when you originally complained to the retailer that it wouldn't turn on, and they gave you instructions as to how to clear the static, whether those instructions could be said to be a first attempt to repair it - which has clearly failed?

I'm not sure, partly because I know zip about computers so can't say if the static issue is a "fault" rising to the level of the goods not conforming, I'm also not sure if basic trouble-shooting steps would be classed as a repair and if that went beyond the basics (say opening up the computer) would the fact the consumer has done so rather than handing the goods back to the trader make it a repair, the regs talk about requiring the trader to repair, although the troubleshooting could be seen as a repair even if the consumer carried out the physical action. 

In short I really have no idea on this one, with apologies OP as this reply doesn't help you  

If they take it away for repair now and anything goes wrong with it at a later date then there would of course be the right to refuse further repairs and insist upon a refund (final right to reject). 

Obviously rejecting now would be ideal as it's within 6 months so a full refund would be due, who did you buy from OP? If this is a big company like Currys you might get somewhere (probably because they just want rid of the situation), a more independent company is less likely to want to lose out by refunding so you might face more resistance.  

Thanks for your help. 🙂
I bought from laptops direct. 
I have tried them I reject it and want a refund but they've said they don't have to offer one.
This is from their email....

"I understand you initially reported the issue on 06/07/2024 however, you failed to communicate back with us within the 30 day period for us to collect the laptop, test it and replace or refund it. Given the present time, this is already almost 4 months so you're entitled for a offer repair only."