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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24639
Experience:  Senior Partner at Berkson Wallace
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Hope you can help, we purchased an Acer chrome book laptop

Customer Question

Hi, hope you can help, we purchased an Acer chrome book laptop mid Jan this year, for about £350 ish from Currys/PC World. Mid late May we noticed the screen coming away from the base at the hinging point, so we returned it to Acer and asked for it to be repaired under the warranty. They came back to us after a few weeks saying that it would cost £300 to repair. We did say we hadn't dropped or damaged it in any way but they said that it should break and just have been mishandled or something along those lines.
JA: Where are you? It matters because laws vary by location.
Customer: Southend on Sea,Essex
JA: What steps have you taken so far?
Customer: We we said that we will not obviously pay that and asked for it to be returned, to which they said ' that 'would cost £50 to get it back. After a few days arguing they returned it free. My wife took it back to Currsy/PC World and they said that there is nothing they can do as we have done what they would have done. As yet i have done nothing else as have been busy throughout most the summer, hut jow I want it resolved and am looking for advice or what the next step I can tak3
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so no, that is pretty much what has happened so far.
Submitted: 19 days ago.
Category: Law
Expert:  Stuart J replied 19 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

To clarify -

Why did you send the laptop back to Acer in first place?

and not take back to Currys?

Customer: replied 19 days ago.
My wife went straight to Acer,why I do jot know but thats what she did
Customer: replied 19 days ago.
Wither way it still should be repaired under the warranty.
Customer: replied 19 days ago.
Either
Customer: replied 19 days ago.
what I am asking is where I legally stand.
Expert:  Stuart J replied 19 days ago.

If somebody does work for someone else, provides a service, or supplies goods, and does so as a business to a consumer, then under the Consumer Rights Act 2015 the:

Goods must be as described

Of satisfactory quality

And

Fit for purpose

And any service must be as described and carried out with reasonable care and skill.

If no price is specified then the price must be “reasonable” and if no timescale is specified the timescale must be “reasonable”

If on the other hand goods are being sold by a private individual to a private individual, they only have to be as described.

In the case of a vehicle it also must be roadworthy otherwise it’s a breach of section 75 of the Road Traffic act.

Under the Consumer Rights Act, all liability is on the Seller not the manufacturer.

Within the first 30 days you can reject goods which are not of satisfactory quality, fit for purpose or as described.  However the non-compliance must be substantial.

For example you could not reject a motorcar because a bulb had gone.

On the other hand you could reject a bulb which didn’t work.

After 30 days the retailer is allowed one attempt to repair and if that fails then you have the final right to reject.

Don’t get excited.

Even though you may have the right to reject within 30 days or the right to reject after 30 days after a failed repair attempt, actually being entitled to reject and get a full refund or after 30 days partial refund (less an amount of money for any use which you have had) and getting the money out of the retailer 2 different things altogether.

Car dealers are particularly difficult and I have never yet known a car dealer beatifically roll over and agree to refund even when the engine blew itself to pieces in the new vehicle which was just a week old.

Some reading: https://www.mylawyer.co.uk/buyers-rights-business-to-consumer-sales-a-A76062D77562/

In your case, you would expect a laptop to last longer than nine months and it seems disproportionate that its GBP350 new and GBP300 to repair.

I must admit I have had similar feedback with this company before.

What can you do?  Basically take the retailer to the Small Claims Court for whatever the cost of the fix is.

You need to put it in writing that unless they agree to do this by, say, no later than 4 PM on Friday, 24 September 2021, you will issue Small Claims Court proceedings without further notice.

There are unlikely to agree but usually they will settle out of court if you do issue proceedings.  I have had it happen like that with computer sales companies in the past and mobile phone suppliers.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 19 days ago.
Stuart that brilliant info thank you.
Looks like a smalls claims court then.
Can I ask if you have any idea of the cost and would I have to wear the costs I'd they settle outnof court?
Expert:  Stuart J replied 19 days ago.

I am glad to help.

The full list of court fees are here:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees.  Details are here:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

The court fee for an online GBP300 claim is GBP50 as you will find on page 5.

I would be surprised in the extreme if they did not settle out of court.

So it would be up to you how much you settled for out of the GBP300 plus the GBP50 court fee.

Customer: replied 19 days ago.

Well I want it repaired or replaced or refunded so something is better than nothing.

Once again Stuart many thanks for your help ok, really appreciate it.

Regards

Alex Allchorne

Expert:  Stuart J replied 19 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.