Faulty laptop - what is a reasonable time to repair and can I ask for money back?

Addlepate

Hello All,

I have a faulty laptop bought from Currys last August, with about a month of warranty left. The fan has developed a fault, and there are problems with screen quality (lack of sharpness / clarity), the paint coat on the lid failing and rubber pads falling off. 

Currys (or at least their repair desk representative) have accepted that the problems are not what would be expected i.e. not satisfactory / reasonable quality and want to send the laptop back to Asus for repair under warranty, but this would take 4 - 6 weeks which would be a significant inconvenience; I don't have an alternative device that would do the same job and I can't be without one that long.

It's worth noting some of these problems were notified to Currys two months after I bought the laptop, but at the time Currys said it would be classed as cosmetic and not covered by warranty, which stupidly I accepted; and Asus' repair helpline are saying the same, so they would only repair the fan fault.

Under consumer law, what is considered a reasonable time for repair (rather than typical for the industry)?

Do I have the right to ask Currys for some of the original purchase cost back so I can get the laptop repaired locally?

All thoughts appreciated; thanks in advance.

powerful_Rogue

Addlepate said:

Hello All,

I have a faulty laptop bought from Currys last August, with about a month of warranty left. The fan has developed a fault, and there are problems with screen quality (lack of sharpness / clarity), the paint coat on the lid failing and rubber pads falling off. 

Currys (or at least their repair desk representative) have accepted that the problems are not what would be expected i.e. not satisfactory / reasonable quality and want to send the laptop back to Asus for repair under warranty, but this would take 4 - 6 weeks which would be a significant inconvenience; I don't have an alternative device that would do the same job and I can't be without one that long.

It's worth noting some of these problems were notified to Currys two months after I bought the laptop, but at the time Currys said it would be classed as cosmetic and not covered by warranty, which stupidly I accepted; and Asus' repair helpline are saying the same, so they would only repair the fan fault.

Under consumer law, what is considered a reasonable time for repair (rather than typical for the industry)?

Do I have the right to ask Currys for some of the original purchase cost back so I can get the laptop repaired locally?

All thoughts appreciated; thanks in advance.

Your claiming under warranty and not your consumer rights. Both are very different things. What does the warranty say about the length of time it could take?

If you want to claim under your consumer rights, Currys will more then likely ask for a report to show that the laptop had a defect during manufacture which has only just become apparent. If this is the case, you will get the cost of the report back and a resoloution. That could be repair/refund or replace - whichever is the most cost effective. A refund would take into the time you have had the laptop and a % deducted for this.

MyRealNameToo

The warranty is in addition to your consumer rights and may be more or less generous. It's governed by its terms and has no requirement to even exist let alone promise a repair within X days. 

Were you to claim under your statutory rights then the law requires the repair time to be reasonable and not cause significant inconvenience. Obviously both of these are fairly subjective terms and it's debatable if 4-6 weeks is reasonable or not. Plus presumably this is a maximum time and in principle it could be much quicker than that. 

Presumably this is just a personal device and not one you use for work? Obviously if it is for business purposes then the Consumer Rights Act may not apply. 

Undervalued

Addlepate said:

Hello All,

I have a faulty laptop bought from Currys last August, with about a month of warranty left. The fan has developed a fault, and there are problems with screen quality (lack of sharpness / clarity), the paint coat on the lid failing and rubber pads falling off. 

Currys (or at least their repair desk representative) have accepted that the problems are not what would be expected i.e. not satisfactory / reasonable quality and want to send the laptop back to Asus for repair under warranty, but this would take 4 - 6 weeks which would be a significant inconvenience; I don't have an alternative device that would do the same job and I can't be without one that long.

It's worth noting some of these problems were notified to Currys two months after I bought the laptop, but at the time Currys said it would be classed as cosmetic and not covered by warranty, which stupidly I accepted; and Asus' repair helpline are saying the same, so they would only repair the fan fault.

Under consumer law, what is considered a reasonable time for repair (rather than typical for the industry)?

Do I have the right to ask Currys for some of the original purchase cost back so I can get the laptop repaired locally?

All thoughts appreciated; thanks in advance.

Be very careful before playing that card for the reasons @MyRealNameToo has suggested.

Addlepate

powerful_Rogue said:

Your claiming under warranty and not your consumer rights. Both are very different things. What does the warranty say about the length of time it could take?

If you want to claim under your consumer rights, Currys will more then likely ask for a report to show that the laptop had a defect during manufacture which has only just become apparent. If this is the case, you will get the cost of the report back and a resoloution. That could be repair/refund or replace - whichever is the most cost effective. A refund would take into the time you have had the laptop and a % deducted for this.

Thanks. At the moment I'm trying to understand consumer rights (not warranty) so I can have an informed discussion with Currys; I just mentioned warranty for information. I've found these particular rights aspects difficult to get clear information on. The intent would be to request a partial refund. 
The paint defects were apparent a couple of months after buying the laptop, and I went into Currys at the time but was told they wouldn't do anything because they were cosmetic. Unfortunately I did not challenge this and the discussion wasn't documented.

MyRealNameToo said:

... it's debatable if 4-6 weeks is reasonable or not. Plus presumably this is a maximum time and in principle it could be much quicker than that. 

Presumably this is just a personal device and not one you use for work? Obviously if it is for business purposes then the Consumer Rights Act may not apply. 

Thanks. I hoped there might be some guidance or precedent as to what's reasonable under consumer law (not under warranty terms). 4 - 6 weeks is a likely time from Asus' estimated time and Currys current experience of how long repairs are actually taking at the moment. The quoted maximum time is up to 90 days. It is a personal device, it's just that I have a lot going on at the moment and can't conveniently let the laptop go for that amount of time.

Undervalued said:

Be very careful before playing that card for the reasons @MyRealNameToo has suggested.

Thanks, not sure I'm following you though.

Addlepate

My thinking is also that if I don't get any joy from Currys, I could try Section 75 protection as it was bought on a credit card. Not sure if my pushing for my preferred resolution rather than their offered warranty partial repair afffects that though.

Undervalued

Addlepate said:

powerful_Rogue said:

Your claiming under warranty and not your consumer rights. Both are very different things. What does the warranty say about the length of time it could take?

If you want to claim under your consumer rights, Currys will more then likely ask for a report to show that the laptop had a defect during manufacture which has only just become apparent. If this is the case, you will get the cost of the report back and a resoloution. That could be repair/refund or replace - whichever is the most cost effective. A refund would take into the time you have had the laptop and a % deducted for this.

Thanks. At the moment I'm trying to understand consumer rights (not warranty) so I can have an informed discussion with Currys; I just mentioned warranty for information. I've found these particular rights aspects difficult to get clear information on. The intent would be to request a partial refund. 
The paint defects were apparent a couple of months after buying the laptop, and I went into Currys at the time but was told they wouldn't do anything because they were cosmetic. Unfortunately I did not challenge this and the discussion wasn't documented.

MyRealNameToo said:

... it's debatable if 4-6 weeks is reasonable or not. Plus presumably this is a maximum time and in principle it could be much quicker than that. 

Presumably this is just a personal device and not one you use for work? Obviously if it is for business purposes then the Consumer Rights Act may not apply. 

Thanks. I hoped there might be some guidance or precedent as to what's reasonable under consumer law (not under warranty terms). 4 - 6 weeks is a likely time from Asus' estimated time and Currys current experience of how long repairs are actually taking at the moment. The quoted maximum time is up to 90 days. It is a personal device, it's just that I have a lot going on at the moment and can't conveniently let the laptop go for that amount of time.

Undervalued said:

Be very careful before playing that card for the reasons @MyRealNameToo has suggested.

Thanks, not sure I'm following you though.

As it is more than six months since purchase, under consumer legislation the onus is on you to show that the fault(s) were inherent. The normal way of doing that is to get a report from an independent person with reasonable expertise. Assuming the report is in your favour you can add the cost to your claim. 

Undervalued

Addlepate said:

My thinking is also that if I don't get any joy from Currys, I could try Section 75 protection as it was bought on a credit card. Not sure if my pushing for my preferred resolution rather than their offered warranty partial repair afffects that though.

The credit card company is liable if the retailer fails to honour their legal responsibilities. They can however insist on the same level of proof. If the retailer meets some of their responsibilities but not others you could then look to the CC company for the rest.

ThumbRemote

Addlepate said:

It's worth noting some of these problems were notified to Currys two months after I bought the laptop, but at the time Currys said it would be classed as cosmetic and not covered by warranty, which stupidly I accepted; and Asus' repair helpline are saying the same, so they would only repair the fan fault.

The consumer rights act specifically includes cosmetic issues: Section 9 "Goods to be of satisfactory quality" section 3 lists "(a) fitness for all the purposes for which goods of that kind are usually supplied; (b)appearance and finish; (c)freedom from minor defects; (d)safety; (e)durability."

So you could try going back to Currys and pointing out that they misled you initially, your reported the problem within a few months of buying, and you want a resolution from them. (This may assume you have proof that they misled you, ie an email rather than being told verbally).

Almost certain they'll say no, but worth an ask. 

the_lunatic_is_in_my_head

Undervalued said:

Addlepate said:

My thinking is also that if I don't get any joy from Currys, I could try Section 75 protection as it was bought on a credit card. Not sure if my pushing for my preferred resolution rather than their offered warranty partial repair afffects that though.

The credit card company is liable if the retailer fails to honour their legal responsibilities.

Credit card company is liable either way, no obligation to try with the retailer first.  

Nothing to stop OP going down S75 with the card company instead of dealing with Currys but as you say if after 6 months then burden of proof (on the balance of probability) is upon the OP however a laptop should be one of those products where an inspection is on the more accessible side.

Card co might just refund the OP or if the place that inspects can repair the fault(s) cover the cost of this (plus any inspection) with less fuss than Currys. 

Independent repair might invalidate warranty but OP says only a month left so does it matter. 

Addlepate

Undervalued said:

As it is more than six months since purchase, under consumer legislation the onus is on you to show that the fault(s) were inherent. The normal way of doing that is to get a report from an independent person with reasonable expertise. Assuming the report is in your favour you can add the cost to your claim. 

Undervalued said:

The credit card company is liable if the retailer fails to honour their legal responsibilities. They can however insist on the same level of proof. If the retailer meets some of their responsibilities but not others you could then look to the CC company for the rest.

ThumbRemote said:

The consumer rights act specifically includes cosmetic issues: Section 9 "Goods to be of satisfactory quality" section 3 lists "(a) fitness for all the purposes for which goods of that kind are usually supplied; (b)appearance and finish; (c)freedom from minor defects; (d)safety; (e)durability."

So you could try going back to Currys and pointing out that they misled you initially, your reported the problem within a few months of buying, and you want a resolution from them. (This may assume you have proof that they misled you, ie an email rather than being told verbally).

the_lunatic_is_in_my_head said:

Credit card company is liable either way, no obligation to try with the retailer first.  

Nothing to stop OP going down S75 with the card company instead of dealing with Currys but as you say if after 6 months then burden of proof (on the balance of probability) is upon the OP however a laptop should be one of those products where an inspection is on the more accessible side.

Card co might just refund the OP or if the place that inspects can repair the fault(s) cover the cost of this (plus any inspection) with less fuss than Currys. 

Independent repair might invalidate warranty but OP says only a month left so does it matter. 

Thank you all. Apologies for the delay replying, I've been ill the last couple of day

I'm in a bit of a quandary here. The ideal would be to be able to send the laptop back to Currys / Asus for an objective assessment of all the faults, particularly the functional faults (fan noise and display sharpness) but based on discussions so far I don't think I'm likely to get that.

If I send it back via Currys under warranty I think what's likely to happen is only the fan will be repaired, and it'll take 4 - 6 weeks (or possibly more), which isn't very satisfactory, not to say a big problem as I need the laptop.

It seems not unreasonable to give Currys a chance to agree a resolution but based on their performance so far I'm not sure that's going to happen either, and Currys seem to make it as difficult as possible to raise CRA concerns.

One thing I haven't pinned down is whether I have the right to request a partial refund to cover the costs of repair, or whether that's the retailer's choice?