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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Do I have any rights with regards XXXXX XXXXX Laptop purchased for

Resolved Question:

Do I have any rights with regards XXXXX XXXXX Laptop purchased for a Christmas present (2011) After 16 months it developed a fault which, after taking it to a repair shop, I was told it required a new motherboard which was going to cost almost as much as the computer. I approached the Argos shop on Ebay where it was purchased and they said the warranty had expired any repairs were down to me. I then approached MSI Computer (UK) Ltd. who said that as Argos had taken over all warranty aspects including post warranty repairs or service I should contact them directly for any issues I am experiencing. Can you offer any advice please. I do think this laptop should have lasted longer than 16 months.
Regards
Jean Taylor
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

How much did you pay?
Customer: replied 4 years ago.


Hi


I paid £259.99

Expert:  Jo C. replied 4 years ago.

Thank you for the information. I just need ten minutes to dictate an answer is thats Ok?

Im afraid its fairly bad news though unfortunately.
Customer: replied 4 years ago.


Yes that's o.k

Expert:  Jo C. replied 4 years ago.
Thanks for the information.

I can completely see why you are aggrieved about this. Before I switched to Apple, I think my windows laptops died almost every nine months.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

The first point to make is that whatever the warranty says makes no difference really. A warranty is just an additional protection that you have with from seller. However long or short it is, they cannot escape their obligations under the Sale of Goods Act.

The Sale of Goods Act gives you rights under S14 to demand that anything sold is ‘fit for purpose’. That doesn’t mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and its history. It does include durability.

However, I suspect the problem here will be that a Court could take the view that 16 months is a reasonable period of time for a laptop that was not the most expensive I’m afraid.

Also, since this is a fault that developed outside of the first six months of sale it will be for you to prove that the fault existed at the time of sale. Of course, the motherboard fault did not exist but the capacity to develop a fault may have done.

If you complain they may offer you something in the interests of good business but if you went to court it would not end well I’m afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
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