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Advise please re faulty goods . End of tether!

6 replies

Chaosdragon · 14/09/2020 17:47

Please help I am at the absolute end of my tether with all this nonsense! I posted before but can't find my post. Apologies now this is long!

I would like to know if I am entitled to a refund under the consumer right act 2015.

2 Gaming PCs were ordered and delivered to me on 16th March 2020.

Both PCs arrived with broken graphics cards. I notified the company and they sent out new ones.

In June 1 of the PCs developed a fault with the windows operating system which kept crashing initially before refusing to load. This was sent in for a.repair. It arrived back with the software fixed but a hardware part - wifi receiver was broken intermittently. The operating system has now broken again and once again we cannot load the PC up.

In august the other PC developed a fault with the hard drive. It was sent in for repair. It was returned to us with a new hard drive but this broke within a day.

I have contacted them to ask for a refund under the consumer rights act 2015 as both PCs are unfit and not of satisfactory quality. In my view they have had their one attempt at a repair or 2 if different faults are a reason to reject.

The company initially offered a replacement on the basis that software is not covered under the act and refused to answer whether they will refund the price of the PC with the hardrive issue just said that lots of issues are user error generated.

I queried further and they said the replacement PCs may be built with reconditioned parts and any warranty would run from my original march date not the date the replacement pcs were provided to me.

I said on that basis I would prefer a refund and would take legal advice.

I spoke to the which legal helpline who said that both PCs were covered by the act because although one was a software problem I purchased it as a unit and as such the unit had failed. In addition he said software was covered by the act anyway and it was unlawful of them to tell me otherwise. He advised I send a letter before action.

I emailed the company and informed them of my conversation with the which legal helpline and said that in an attempt to avoid court i was asking for my refund one final time.

They emailed back and said software was not covered but if only a refund would satisfy me they would honour that.

Less than 12 hours later I have received an email from a different person at the company stating they will not refund either pc as the software one is not covered by the act and the second was not quality controlled and that person had since been sacked so does not count as a repair attempt.

I would like to know

  1. Since they have already agreed a refund can they now rescind that?
  2. If they can is software covered under the act and if so am I entitled to a refund of the whole price of the goods?
  3. With regards to the PC with the hard drive failure am I entitled to a refund because it was returned to me not repaired.

Ta

OP posts:
LangClegsInSpace · 14/09/2020 18:42

I would trust Which legal helpline on the technicalities.

I emailed the company and informed them of my conversation with the which legal helpline and said that in an attempt to avoid court i was asking for my refund one final time.

Was this email intended to be your letter before action or were you still negotiating nicely with them?

Either way, write a very formal letter before action to them now. Put Letter Before Action at the top. Write a clear timeline of what has happened. State clearly what resolution you want. Tell them that if you don't receive a satisfactory response within 14 days you will start legal action.

Helpful info and a template letter here:

www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/#h-write-a-letter-before-claim

The bit about referring to the practice directions is important. If it goes to court the judge will expect you to have written a formal letter before action and will expect the company to have acknowledged it.

If you are emailing, put in the subject line - 'FAO legal department (even if they don't have one) - Letter Before Action'. Do the letter as a PDF attachment and keep the email to a short, frosty but polite cover note. Print a copy and send it by recorded delivery as well.

If you paid by CC it might be quicker and easier to get your money back through them. I've also recently had a good experience with PayPal's dispute resolution.

Let us know how you get on.

Lineofconcepcion · 14/09/2020 18:49

Look at the Consumer Rights Act on legislation.gov.uk

Hormonecrazyhell · 14/09/2020 18:52

Pretty sure virtual items, downloads and software have been added to the act, check gov for wording

prh47bridge · 14/09/2020 19:25

Software is covered by the Act. They are wrong. They are also breaking the law by telling you otherwise.

the second was not quality controlled and that person had since been sacked so does not count as a repair attempt

Rubbish. They tried to repair it. The fact that their engineer didn't follow the proper process and has been sacked does not alter your rights even if it is true.

Follow the advice from Which. Send a letter before action NOW. I would be tempted to inform trading standards as well since they are acting illegally by misleading you about your rights. Ignore any further attempts by them to mislead you about your legal rights.

As a previous poster said, if you paid by credit card you can also explore that avenue to getting your money back. But don't delay the letter of action while you to that. Get it in the post NOW.

Chaosdragon · 14/09/2020 19:27

LangClegsinSpace No I was I suppose having a final attempt to reason with them, although I did put in the wording Which told me to which was about exercising my final right to reject.

Lineofconception and Homone I have looked at it and I think its covered, but I am most certainly not a legal person and they so certain it leaves me wobbling. The CAB also have a letter template requesting a refund for software under the Act so surely it is!

I'm just so stressed by the whole thing.

OP posts:
Chaosdragon · 14/09/2020 19:31

Thanks prh

OP posts:
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