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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would like to get a refund faulty product. I purchased

Resolved Question:

I would like to get a refund for the faulty product.
I purchased Lenovo Laptop from PC World on 21/03/2014.
Almost 4 months passed and my laptop failed and I had to bring it back to the retailer for repair under warranty – 18/07/2014.
The hard drive failed and had to be replaced.
Then it went wrong again and I had to bring it back to the retailer for repair – 19/08/2014. Again, hard drive failed. It was taken again to the manufacturer for reapair.
After the second repair it was all right until very recently when started going wrong again and I had to take it to the retailer for the third time – 17/03/2015.
Hard drive failed again.
I have just got informed that the product is back from repair and awaiting for the collection.
My question is:
1) Where do I stand with my consumer rights in this case?
2) What should I do? Shall I collect the product or refuse to and submit a formal complaint and ask for a refund?
3) What is the correct procedure in such case? Whom should I submit a complaint to? The manufacturer or the retailer?
4) I do not want this product any longer. It completely failed my expectations and according to me it is not fit for purpose. I am totally dissatisfied with this product. (It broke down 3 times under warranty and all of malfunctions were major ones due to the faulty hard drive).
5) The retailer mentioned something to me about them carrying OUT OF WARRANTY ASSESSMENT as the part of the complaint procedure which I should take with the manufacturer.
Regards
Matt
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

How did you pay for the laptop please?

Customer:

by credit card - MasterCard

Alex Watts :

Ok. You have had it repaired though previously, thats right?

Customer:

Yes. This is the 3rd time now when it has gone for the repair. All repairs were through the retailer. 2 times it went to the manufacturer for the repair.

Customer:

I have all the necessary documentation from all previous repairs

Alex Watts :

Its bad news I am afraid. If you have accepted a repair the law says that you are not entitled to a refund. If you had not initially accepted a repair then you would have been able to ask for a refund.

Alex Watts :

What you need to do is get a number of quotes for fixing it properly. This forms your loss

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

As you have purchased this on credit card the card issuer is also jointly liable under Section 75 of the consumer credit act

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What about a replacement then? A new laptop - the same model or similar for the same price? This product clearly is not fit for purpose.

Alex Watts :

If its been repaired, you are only entitled to further repair.

Alex Watts :

So you are not entitled to a replacement, I am sorry

Alex Watts :

Once its been repaired all you can sadly do is claim further repairs, nothing else.

Customer:

ok, one more question then if you don't mind

Alex Watts :

Of course.

Customer:

the warranty period has ended yesterday. What if it fails again?

Alex Watts :

Potentially under the Sale of Goods Act you have 6 years to bring a claim for faulty goods etc. So you could still sue for breach of contract

Alex Watts :

But for the cost of repair etc.

Customer:

ok, thanks a lot

Alex Watts :

Happy to help, can I clarify anything else for you?

Customer:

So basically if I buy something and it breaks down during the warranty period, if I want refund or a replacement (the new product) I should refuse to leave it for repair? I understand I have the right to refuse leaving it for repair. The retailer pressurised me to leave it for repair. They strongly claimed that they will not accept to replace the product or making a refund.

Alex Watts :

Yes. You are entitled to a replacement or refund. The Consumer Regulations say that if something breaks down within the first 6 months it is deemed to be faulty.

Customer:

Ok, I understand completely. Thank you very much. Good bye.

Alex Watts :

Happy to help, if I could ask you to rate my answer as always before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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