Laptop broken after three months :(

[sunflower49]

I bought a laptop from a well-known large store, using a credit card. Not expensive not cheap.

Within a few weeks, the screen broke, no manhandling, I thought it must be down to it being fitted incorrectly or something and took it back to the shop. They were very flippant, told me I 'Must have dropped it', and told me they'd fix it but they'd charge me more than I'd paid for it.

I got it fixed privately.

Anyway, fast forward a few months and it blew-right in the middle of my using it. Didn't shut down or power off, just a small noise and gone. Won't turn back on.

What are my rights here?I called the store and they told me the warranty lies with the manufacturer and to call them. I did, and was told they'd email me some forms to fill in, I was to scan these and send them back-they'd collect the laptop within two days and would see if they could fix it.

I was having a whinge to a friend who told me that this isn't right, under the 'Sales of Goods' act, I am entitled to take it back to the store and they have to fix it for me-either by sending to manufacturer themselves or internally. My contract for sale is with the store not the manufacturer.

Is that right?

I'm sooo annoyed. It's been nothing but trouble and I need it for work. I'm thinking if this process is going to take weeks I may just be better off buying another. I lose money every day I can't work.

[prh47bridge]

Your friend is right. Your Sale of Goods Act rights are against the store, not the manufacturer. They cannot fob you off like this. They were in the wrong about the screen as well. You are entitled to a repair or replacement - the shop can choose which you get. As the laptop is less than 6 months old the assumption is that it was faulty when you bought it. If the shop want to argue that the problem is due to misuse it is up to them to prove it should the matter go to court.

As you bought the laptop using a credit card your credit card provider is jointly liable with the shop. If you don't get any joy from the shop you can take it up with your credit card provider.

[sunflower49]

Thank you for your reply.

Sooo.. Should I take it to the shop and say something like, I won't send it back, it is up to you to sort it out, I want a replacement or my money back-under sales of goods act?

They were awful last time I went in (about the screen). And I'm a pretty 'savvy' person-can usually hold my own in such arguments. But I hit a wall with them, they just were not having it, period. I'll have to think of some way of making sure this doesn't happen this time.

[prh47bridge]

Yes, try that. If they stonewall write to them saying you want a repair or replacement and contact your credit card supplier as well.

[Greengrow]

Yes you need to do that and ideally put it in writing too. Ask to see the manager and say unless they will replace it you will sue them in the small claims court. Hand over a written statement/letter setting out what happened, when you bought it, copy of the receipt, dates of when it went wrong and adding that you have taken legal advice. I would try to get a replacement there but if they just keep it for repair make sure you get a receipt.

[smashboxmashbox]

Might they say that because the OP got the screen fixed privately she has voided her warranty?

[prh47bridge]

The warranty is irrelevant. It can add to the OP's Sale of Goods Act rights but it cannot take them away. The shop may be able to argue that the current fault was caused by the screen repair but it would be up to them to prove this. That would, of course, bring up the fact that they have already refused the OP her Sale of Goods Act rights once so may not be the wisest move on their part.

[sunflower49]

Thanks prh47 . I know It's a 'first world problem' but this has actually really annoyed me, I deliberated for ages over whether to buy a new laptop-I had one already but it was slow and old and using it was frustrating me. I don't spend money easily. Things should last a reasonable amount of time!

I did wonder that about the screen incident, too which is one reason I mentioned it.

Okay I am going to put together a statement and a copy of that section of the sales of goods act (Found it on moneysavingexpert!), and take the bl00dy thing back.
I'll report back!

Thanks again all.

[perfectpeach]

Is it Currys? You don't have to answer but I am just curious. I bought an expensive tablet from them that died after a few months and I was fobbed off continuously by their customer services helpline and then their store, in fact the people in the store were so incredibly rude! In the end thanks to having an app installed that automatically records all phone conversations I caught out Currys lying to me with proof from the manufacturer.

When they found out I had a recording they couldn't give me a refund fast enough!

If it is Currys, stand your ground, they are awful and can not be allowed to get away with trampling over statutory rights and laws

Good luck!

[sunflower49]

I want to know more about that story! What/how did they lie? You don't have to answer, either :)

But no, it wasn't Currys. I kind of wish it was, now!
Good on you to get your refund. I hope I do-this has really caused me a lot of aggro.