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Faulty overpriced laptop...

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Faulty overpriced laptop...

edited 30 November -1 at 1:00AM in Consumer Rights
8 replies 870 views
aquarian3aquarian3 Forumite
160 posts
edited 30 November -1 at 1:00AM in Consumer Rights
Hi,

My neighbours blew me away yesterday when they told me they'd bought a laptop from a company called Mutual (I believe they're like the Provident?), it cost £600, but with interest will end up being £911. They're paying £6 per week!!!!!!

Anyway, the laptop doesn't work and they called their agent, who said they have to call Toshiba (who made the laptop). Toshiba said they would look at it but my neighbours would need to pay a courier charge of £35. Plus fixing costs.

Now I've got the laptop here as I'm trying to get it working for them (I fix PC's), but if I can't get it working do they have any rights to give the laptop back and ask for the money back they've paid? They bought it just before Xmas so is within the 12 month warranty given by Mutual, which baffles me why their agent refused to take it back?

Can they reject the laptop and stop paying this ridiculous price? Its definately not worth £600, let alone £900!

Their agent is due today so I'd be grateful for any advice on their behalf.

Thanks in advance,

Lisa

Replies

  • CLLCCLLC Forumite
    1K posts
    Hi Lisa ,

    Sorry to hear of this problem. I see that mutual is passing on the butt

    I think there may be 2 routes to this. Firstly , mutual can be seen as the retailer and therefore is legally obliged to sort out the problem as the laptop was bought from them. Tell or help your neighbours in standing there ground and clearly explain that its mutuals problem as they accept they are the retailer/distributor. Many companys pass you on to the manufacture but don't let them take advantage and tell them its their problem!! Threaten to go to trading standards and possibly a visit to the OFT if they do not comply.

    The second view can be seen as slightly different. In law , if you buy a car on finance its not actually yours until you pay it off in full. Hence its there responsibility. In this case , it may be the same , maybe it is there responsibility , this route may be worth looking into.

    Thirdly i am surprised the manufacture wants to charge especially as the laptop should be within its warranty , But i would not worry about this as now its mutuals problem to get it fixed. Just stand your ground and exercide your rights. Consumer revenge is what its all about and if they don't budge do get trading standards involved and possibly the OFT.

    Lastly , you mentioned about the interest on the laptop. I see that is is absolutely extortionate but the problem was your neighbours accepted the terms and conditions so sadly there is nothing they can do. However , there is a possibility that they may get a reduced rate via a rebate :) , if they pay it off early the less interest they may pay. But i beleive its up to the company , but worth asking trading standards about this as what if interest is calculated over the lengh of time to pay back. For example , pay it back quicker , the less interest you have to pay back.

    I see this company as a type of loan shark as they take advantage of people struggling to find funds for certain objects. Just like provident , i mean all that interest is practically theft in my eyes!!

    Anyway , Good luck and if you need any more advice or if there is anything else i could possibly help you with feel free to post back

    Kindest Regards

    CLLC :D
    :dance: I am great , yes I am :dance:
    :rotfl:
    :D If you think I was useful , Thank you, for thanking me :D
  • willihamwilliham Forumite
    1.2K posts
    Their contract is with the retailer, not toshiba, so they need to take the laptop and either get it repaired or give a refund.
  • markelockmarkelock Forumite
    1.7K posts
    as others have said, the contract is with themselves and the company who sold the item to them.

    the company are liable to fix it, they may choose to send it to toshiba, but your neighbours have a right to expect something that is fit for purpose.
    Remember the time he ate my goldfish? And you lied and said I never had goldfish. Then why did I have the bowl Bart? Why did I have the bowl?
  • omen666omen666 Forumite
    2.2K posts
    Just to confirm what has been said above
  • Judith_WJudith_W Forumite
    754 posts
    Just to say, from my experience Toshiba are quite good. I don't understand why they want to charge if it is the warranty. I had a prob with my laptop which according to their records was out of warranty. I just faxed them the receipt and they were happy to do everything free.

    If Mutual are being awkward then I would question Toshiba as to why they are charging and what evidence is needed to prove within warranty
  • aquarian3aquarian3 Forumite
    160 posts
    Hi,

    Firstly I want to say thank you to everyone who replied, I thought that it was wrong for the Mutual agent to pass them straight to Toshiba, now I can tell them the agent should take it back. I have been reading up on the 'fit for purpose' thing and this laptop definately isn't when its lasted only 4 months!

    Thank you to CLLC for your extensive reply, I really appreciate your kind offer for any further advice if needed, I will come back to you if something else happens with this agent.

    If I can't fix the laptop (it's not looking good so far), would my neighbours be allowed to give the laptop back and get their money back? Where do they stand on this - legally speaking? Would the agent be allowed to get it repaired, or give them a replacement, or can they refuse it at this stage?

    Thanks again,

    Lisa
  • CLLCCLLC Forumite
    1K posts
    Your welcome :D

    If you can't fix it , i highly doubt your neighbours will get a refund as they are already in an agreement with Mutual. But hopefully when its given back to mutual to fix they they will fix it successfully. If not , then they have to give you a replacement.

    I reckon the only way your neighbours will get the laptop cheaper is via a rebate , if they pay it off early the less interest they pay. For example , mutual could be charging via the time meaning the longer it takes to pay off the more interst , may be if your neighbours can pay £10- £12 then it would get paid off quicker and hopefully will be charged substantially less interest.

    It is alot of money to pay for a laptop , sadly its another case of these finance company's taking advantage.

    One more point is Mutual may give your neighbours some sort of compensation for the laptop being 'unfit for purpose' and 'inconvenience'. I would personally push for this. Anyone have an idea if they LEGALLY entitled to any??? I personally don't think legally but its worth asking

    CLLC :D
    :dance: I am great , yes I am :dance:
    :rotfl:
    :D If you think I was useful , Thank you, for thanking me :D
  • While the advice given already is sound just to confirm the bit about Toshiba charging 35 pounds.

    When you call Toshiba and if you need a repair, if the unit is under warranty (subject to registration) you will be advised that if they collect the unit and then find it is out of warranty (say a liquid spillage is stopping the unit from starting) then the repair would be chargeable and a quote will be issued, should you then decide not to pay the quote the 35 pound fee covers the collection, diagnosis and return of the unrepaired unit. The same fee applies if you know the unit is out of warranty and the repair will be chargeable. Toshiba are more than happy to provide support and repairs if customers want provided the customer or their supplier hasn't made alternative arrangements.

    So in summary in the unit is in warranty by time and the fault is within the scope of the warranty then it will be collected, repaired and returned free of charge, if not, then charges may apply.
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