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Laptop broken in less than a week, do I have any rights?

5 replies

sunflower49 · 05/08/2014 19:13

I bought a laptop online and collected it from the shop.

One morning after owning it for less than a week, I went to use it and the screen was all distorted and looked damaged, although no physical 'crack' to it, couldn't see anything on the screen aside from the distortion.

I rang the place I bought it from and explained and they said to bring it in so they could sort it out.

I took it in, and they were having none of it.

They were quite arrogant with me and said that I'd obviously damaged it myself, or dropped it, it was my fault-they'd repair it for me at a cost of more than I paid for the laptop, but that is all they were willing to do. I'm upset, because I so rarely buy things I need for myself-I had needed a new one for ages!

I left the shop, and called the credit card company on whose card I paid for it, and they said they'd send me a form to fill in, and try to get the money back for me. I don't have the form yet and was wondering if there is anything else I could do .

I showed the laptop to a computer programmer and all-round technology geek that I know, and he said It's a badly-made laptop, any sort of everyday wear-and tear could have damaged it, that it doesn't appear that it has been dropped or damaged by me, no outer shell damage (obviously I know I haven't mishandled it, but he meant that he doesn't understand how they could so flippantly say I'd obviously damaged it myself-because there are no signs on it, that I have)!

He said if the screen was badly fitted by the manufacturer this sort of thing could happen.

He also said that because I had only had it a week I am protected and that the onus is on them to prove that I have damaged it myself, and that it wasn't a product fault, not the other way around.

I was looking into just cutting my losses and paying somebody else to repair it for me (at a much lesser cost than quoted by the shop!) but I know if I do that before any sort of resolve, I will have no rights as It's as if I am admitting that it is my fault.

Does anybody have any advice?

OP posts:
SarcyMare · 05/08/2014 19:21

Umm take your friend with you to the shop.

sunflower49 · 05/08/2014 19:27

I will if I have to although that will mean his taking time off from work , It's a fair distance to it.

OP posts:
prh47bridge · 06/08/2014 00:04

You have the right to reject the laptop and get your money back but you need to do that as soon as possible. As it is less than 6 months old the presumption in law is that the laptop was faulty when you bought it. If the shop want to argue that you damaged it, it is up to them to prove that. If the shop refuses to refund your money you can pursue them through the small claims court or get the money back from your credit card provider. Note that you will lose the right to reject the laptop if you continue to use it (but it sounds like it is unusable) or if you get someone else to repair it.

westcountrywoman · 06/08/2014 00:23

Did you actually buy (as in pay for it) online or did you reserve online and collect and pay for it in store? If the former, under the distance selling law (updated in June this year), you have 14 days to cancel your order and return for a full refund. Just write / email them saying you wish to cancel your order as the laptop is faulty and return the laptop. The onus is on them to prove it was not faulty when they delivered - pretty impossible.

sunflower49 · 06/08/2014 01:17

PrH47bridge yes it is totally unusable anyway :(

westcountrywoman I paid for it online, and collected it from the shop.

Thanks both of you!:)

I can email them now and tell them this I assume. I'll have to figure out how to word it.

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