HELP please pcworld laptops

[janey2]

my hubby brought me a ADVENT laptop from (pcworld) yeik 7mths ago. On the day of buying it we returned it because it would not charge up. " mths later the new one 90% of the time startsup just before it finishes loading windows it turn off & takes about 30 more reboots to get it going. I phone tech did a system restore then collected to repair it. All they did was change the plug. Still it turns itself off & on so we return it & ask of a refund only to be told no we the store will repair it guess what still turns it self off and on. After quoting the Trading Standards act to them they still wont give me a full refund and again its of the the work shop . HELP PLEASE .......its only 7moths old

[MrShed]

Well, you arent entitled to a full refund in law.

This sounds almost with certainty one of two things:

- Overheating - which is notoriously difficult to troubleshoot, and probably more due to ventilation than any fault per se.

- Spyware/adware on the system, or at least some kind of software fault, which almost certainly isn't covered under your warranty....

[janey2]

no its not any software because they returned it to manufactors setting. also we brought a laptop tiltting table deck.

They have phone and said that it still keeps turn off they cant find a problem

[MrShed]

So there is nothing at all on the laptop that was not there when it was purchased?

[janey2]

no
its one of the first thing they ask u to done at tech support.

[rosiecotton]

Mr Shed has said pretty much what I was going to say.

If it's not the software and is definitely a fault with the laptop, you will be covered by the Sale of Goods Act.

Basically you have to give them a reasonable opportunity to repair if that's what they intend to do - once they have had a reasonable chance to put the fault right and failed, you can ask for rescission of the contract.

This isn't a full refund. It's a partial refund with a deduction to allow for the seven months' use you have had from the laptop.

[JonCris]

Originally Posted by janey2

my hubby brought me a ADVENT laptop from (pcworld) yeik 7mths ago. On the day of buying it we returned it because it would not charge up. " mths later the new one 90% of the time startsup just before it finishes loading windows it turn off & takes about 30 more reboots to get it going. I phone tech did a system restore then collected to repair it. All they did was change the plug. Still it turns itself off & on so we return it & ask of a refund only to be told no we the store will repair it guess what still turns it self off and on. After quoting the Trading Standards act to them they still wont give me a full refund and again its of the the work shop . HELP PLEASE .......its only 7moths old

As this was a reoccuring problem 1st reported shortly after purchase & within the 6 months limitation on reverse liablity you are entitled to a full refund.....All that has happened through time is that PCW have not corrected the fault which existed from the outset causin the delay.......In view of this they can't then negate their responsibilties under the SOGA. However this may not be the case if each of the problems where different or caused by add on software you installed

If my car developes a fault just before the warranty expires.......the garage repair it.......then the same fault appears after the warranty has expired thay can't then tell me they have no legal obligation to again repair it FOC & if the purchase was less than 6 months ago I can demand a full refund or another vehicle of at least equivilent value without proving fault..It's upto the dealer to prove that no fault existed at time of purchase

[rosiecotton]

No, the six months gives a reversed burden of proof, but no right to a full refund once the original "reasonable time" under the SoGA has elapsed.

It does not mean you can claim a full refund at any point within those six months. All it does is put the burden of proof on the trader to prove the goods are not faulty, rather than on the consumer to prove they are.

[JonCris]

This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement or a refund. After the first six months the onus of proof is again on the consumer. Even if the dealer attempted to reduce the financial compensation they wouldn't get away with it certainly not on a product that developed problems within a few weeks of purchase. The fact that the 6 months has passed is not due to the customer its down to the failure of the dealer to carry out a satisfactory repair from the outset.

[rosiecotton]

She would need to rescind the contract and rescission itself is not a full refund; the law takes into account any use that the consumer will have had from the item.

It's possible that a judge will be sympathetic and decide to award a full refund if the consumer can put together a good argument that they have not been able to use it properly as it has been faulty since the outset, but if you're sticking entirely to the letter of the law rescission must include a reduction to allow for wear and tear.

The "six month" rule does not mean that if the item is returned faulty at any time during the first six months you are automatically entitled to a full refund.

[JonCris]

Fair wear & tear! What FWT Please according to the OP it hasn't operated properly from the day they purchased it...........So I think you can forget the FWT argument

[blacksheep1979]

actually according to the op after returning it the new item worked for " months - which I guess was meant to be 2 months.


In court you may or may not get the full value back, as Rosie says it will mainly depend on the judge as there has been some useage of the product. However the chances of the DSG letting the matter get that far are minimal so a full refund could probably be expected as an out of court settlement.

[rosiecotton]

Joncris, if you read what I said, I did explain that if the consumer can demonstrate that the item has been faulty from the outset the judge may well be sympathetic to that and award a full refund. It would be ultimately down to the judge to decide what, if any, benefit the consumer had enjoyed from the product.

However, as you seemed to be under the impression that if something becomes faulty within the first six months and a repair fails that you can automatically get a full refund, this is incorrect and I was simply pointing this out.

[steven.smith245]

one of my friends was facing the same problem.. recently he bought one from checkcost.co.uk/laptops/c/4220/

he says its really awesome.. I got one from ebuyer as I have seen they have reasonable price compared to other store listed over there.

So its better to compare and have a deal !!

[curofone]

Instead of quoting the sale of goods act why don't you just look at pcw returns and replacement policy.

If your PC/laptop goes wrong in the first 12 months that PCW (i assume pcw could be the law) states they have to repair it in reasonable time (28 days) otherwise they will give you a replacement laptop. This 28 days starts from first contact with the call centre or store and before people say that the problem was reported 6 months ago that sounded like a completly different problem.

so find out when you first called, make sure you have a record of this i.e. a phone bill or ask for your call notes from the call centre and if it has been more than 28 days with no gaps of more than 7 days from when you recieved the laptop back from "repair" and you calling in again ask for your laptop to written off, and you will then recieve vouchers to buy and equivalent machine (but hopefully one that works)

The call centre is actually good if you manage to get through to someone who knows what they are doing and knows the policys