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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased an Asus laptop computer in June with a Windows

Resolved Question:

I purchased an Asus laptop computer in June with a Windows 8.1 operating system which was supposed to be uprateable when Windows 10 became available.
I have tried to instal Microsoft Windows 10 on this machine but it results in the mousepad failing.
As the upgrade causes the computer to fail and is therefore not fit for purpose, the responsibility of the vendor to replace the unit or refund my payment. The vendor has tried to repair the fault without success but now tells me he will not refund my money because he says he has a 90 day warranty limit. If I return the unit to him again he says I could loose the computer.
Your views would be welcome
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Was this a new unit please? If so, what method did you use to pay?
Customer: replied 1 year ago.
Unit was purchased new and paid for online by paypal account
Expert:  Ash replied 1 year ago.
Have you raised a dispute with Paypal?
Customer: replied 1 year ago.
No. I think I may be beyond the dispute period.
I know I should have returned the unit sooner but I was in Vienna July to late September and was unable to take action until October. My first two phone calls were ignored and the 3rd said they would investgate the problem and get back to me,. They did not.. I sent the unit to them for repair on 24 October and they retuned it 3 December with a note which just said "Do not instal Windows 10".
As both may other units were on this system without problems I want to standardise across all of my systems.
This unit was purchased expressly for this reason and was advertised as being capable
Expert:  Ash replied 1 year ago.
Under the Consumer Rights Act 2015 goods must be as described, fit for purpose and of suitable quality.
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.
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?
Alex
Customer: replied 1 year ago.
Thanks for info. I thought this Consumers right act may be the case. I would think this unit is not fit for purpose but no doubt the retailer will dispute the fact.
Just rechecked Paypal and find the dispute period is 180 days. Currently 172 so I may make it.
Only problem arises is that I will be back in Vienna from 11 December so continuity may be a problem.
I have already arranged to return the unit and wonder if this will affect any claim
Expert:  Ash replied 1 year ago.
Good luck and no, it wont affect your claim.
Alex
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Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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