Hi all

Not sure if this is the right place to put this but I will try and explain my problem.

I got a Laptop from BH about 4 Months ago and it has developed a fault,

it keeps freezing and it wont let me factory reset it,

keeps saying unable to reset and unable to diagnose any problems.

We use it for my Partners business (DJ) and only have the software on it nothing else.

We took it in to the Newcastle store today and I think it was the Manager we dealt with.

she was very very off with us.

She said (about 10 times) that because we didnt take out some Care thing they have to send it away for up to 10 days.

We asked can we return it and get a replacement she very arroganty said No,

because its all these new contracts now and we didn't take out this care thing they cant do anything.

We then asked if we still have to pay for something we haven't got,

and she said yes of course its the new contract

and we didn't take out this care thing,

thats all she kept repeating,

he was smirking all the time too as if she was enjoying it.

Now all I am after is some info regarding the Legalities of this,

Can I ask for a replacement under the Sale of Goods Act and do their contracts trump UK and EU Law?

I am prepared to go down the Legal route with this and the press to and give them some more bad publicity.

All I want is for something that is 4 Months old to work.

I know it's not their fault that it doesn't work

but it's not mine either and I was under the impression that the onus is on the Retailer to sort it out.

Oh she also said I done something to the Laptop which is why it doesn't work which is borderline slander, and I have a witness.

I even asked if we could return it and then take out a new agreement for a different model,

she took great delight in telling us no as we didnt take out this care,

lol she must have said this a million times.

Anyway thanks in advance for your help.

Under the Consumer Rights Act if a defect develops in the first six months after you have bought it then you have what is called the "long-term right to reject". This means that the seller is entitled to have one attempt to repair the item and if the repair fails then they have to refund or replace at your option.

On that basis, the Brighthouse manager is right. They have offered to have it sent away and they have told you that it will be up to 10 days. Let me say that a 10 day turnaround is reasonable and if you want to know – I reckon it is pretty fast and it wouldn't surprise me if they then try to say that they need more time.

If I were you I would take the laptop back hand in for repair and make sure that the ten-day turnaround time is repeated in front of a witness. Although in theory you could be entitled to get a bit of money back quite frankly in practice it's not worth the hassle.

Take it back straightaway. After they have taken it – make sure you get a receipt for it. Then let them have a note with the repair reference number on it and make it clear that you have left the laptop with them and it has been promised by – give the name of the manager – that it will be returned to you repaired in 10 days.

In terms of their extended warranty – you would be in exactly the same position and I scarcely imagine that they would have given you a new machine over the counter simply because you had their care program. They make a lot of money out of extended warranties and that's why they are pushing it all the time. All companies make huge amounts out of extended warranties but by and large they are a complete rip-off.

By the way, make sure that you have backed up everything because very often we find that people get their laptops back and the disc has been wiped.

Thanks for your reply, I do have a witness that they said up to 10 Days turnaround.

Do you know where I stand Legally on paying for it when I don't actually have it?

I am sure if I said it will be 10 days before I pay you they would have something to say.

Bitter - do you still have all the paperwork for this?

Are you sure it doesnt include the "Obligatory" Insurances even though they are supposed to be optional?

yep you beat me.

you already have insurances you at paying for

they are hidden in the agreement.

as for paying for a non working product...

..its a rent to own agreement [hire purchase]

and you are paying about 3.5times its real value through them with all their rip off interest and hidden insurances.

lets put it this way..

if you hire a taxi and it brokedown after 4miles and the driver wanted his fill fare as well as ordering a new taxi that wanted paying for the rest of the journey..would you?

I bet not!

Hi

Yeah we still have the paperwork, and will go through it tomorrow.

Is there any letter templates I can use regarding this as I am not paying for something I dont have, surely that is illegal?

I am still seething at her attitude in the shop, proper smug.

Forget smug. It's called job satisfaction and face it, lots of people who work at these kind of outfits probably don't even tell their friends what they do for a living.

Check the paperwork as advised above and then come back here.

You'll be the one feeling 'smug' when she gets put in her place!

Make sure you complain about her, and her attitude, perhaps she was angry and bitter because of the sad morally bankrupt line of work she's doing?

The only thing I can see on the paperwork is 'Product Insurance' which covers fire and theft.

Does anyone know where I stand Legally on whether I should pay for something I haven't got?

Does anyone know where I stand Legally on whether I should pay for something I haven't got?

What does the T's&C's say?