Hello my name is ***** ***** I will help you with this
How did you pay for the laptop please?
by credit card - MasterCard
Ok. You have had it repaired though previously, thats right?
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.
I have all the necessary documentation from all previous repairs
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.
What you need to do is get a number of quotes for fixing it properly. This forms your loss
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.
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.
As you have purchased this on credit card the card issuer is also jointly liable under Section 75 of the consumer credit act
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.
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.
Can I clarify anything for you about this today please?
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.
If its been repaired, you are only entitled to further repair.
So you are not entitled to a replacement, I am sorry
Once its been repaired all you can sadly do is claim further repairs, nothing else.
ok, one more question then if you don't mind
the warranty period has ended yesterday. What if it fails again?
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
But for the cost of repair etc.
ok, thanks a lot
Happy to help, can I clarify anything else for you?
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.
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.
Ok, I understand completely. Thank you very much. Good bye.
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