Replacement computer and credit agreement

[mhnurse66]

My Asus laptop has been away for repairs for six weeks next Wednesday, apparently they are still waiting for parts! The hinges had broken through the plastic casing on one side and the lid wouldnt open or close properly...anyway just wondering if it doesnt come back within the six weeks and I ask for a replacment how does it work if the laptop is still being paid for monthly, will I lose out at all? It has 24 months left on a 48 month agreement.

Many thanks for your help

[AtlantisZPM]

Need more info on this...I take it it is just under 2 years old is it under the manufacturers warranty if so the store should replacing it after 28 days like for like i.e. you have a 15" screen your replacement should have that same with processor memory etc. Speak to customer services to sort this for you, remember record call if you can or take notes who you spoke to name and extension number and get a case number.

[mhnurse66]

Hi

It was purchased on 20/3/10 and the credit agreement was for 48 months.....

I just wondered what happens to the credit agreement, does that start again or do i keep paying that as usual? It was picked up from me on March 24th, the original phone call to PC Performance was placed on on 22nd March which is 6 weeks on Monday. I am a student nurse so have been stuck without it although I have been able to use Uni computers, when you have done a 12 hour shift you just want to get home not sit in the library!

When can I ask for a replacement is it on the day the first phone call was made or the day it was picked up?

[dx100uk]

sorry who is repairing this? pcworld?

 

if so they have 28 days not 6 weeks!

 

dx

[mhnurse66]

It says in the PC performance agreement 6 weeks? and it was bought from Pc World quote.....'if your product cant be fixed or takes longer than six weeks to repair you may request a replacement product'

Who do I contact about the replacement?

[chris-t-2k7]

It says in the PC performance agreement 6 weeks? and it was bought from Pc World quote.....'if your product cant be fixed or takes longer than six weeks to repair you may request a replacement product'

Who do I contact about the replacement?

 

Hello,

 

If it was bought after november 2009 its whatever happens and its a 28 day rule, if bought before november 2009 its pc performance 42 day rule.

 

So If you did indeed purchase the machine on 20/3/10, i imagine this is wrong though you are entitled to 28 day rule.

 

Either way your entitled to vouchers. All you need to do is call customer service and ask for the write off request to be put in. This doesn't gurentee a write off although most of the time it does. It'll be handed over to cover plans investigation deprartment who will look into it and issue the vouchers.

 

With it being finance you will have to continue your contract out although the machine has been written off, but obviously you will be able to pick a new machine with your vouchers.

 

Chris

Tech Guys

[mhnurse66]

sorry I meant 2008.......typing in a rush as usual, sorry for any confusion

[chris-t-2k7]

sorry I meant 2008.......typing in a rush as usual, sorry for any confusion

 

Yes so it is 42 days, even so they're now up. Did you book it at your local store? If you did you can ask them to request the write off, or alternatively if you call 0844 56 10000 and speak to repairs, they'll also be able to put that request in for you.

 

At the moment we are currently moving work shops and there has been a slight delay with repairs which will probably explain the long time scale.

 

Hope this helps

Chris

Tech Guys

[kiptower]

so why do we keep hearing the term VOUCHERS when a refund is mentioned

 

a VOUCHER is a CREDIT NOTE and it can be refused, in that it restricts you in using the refund to spending it with the company that issues it

 

the SOGA clearly states "you dot have to accept a credit note"

 

some like M&S would issue these when you returned goods and had lost the receipt etc, even then they were in the wrong because the goods would have been branded M&S so there was no proof needed who supplied them,

 

However some insurance companies will issue Vouchers to obtain a replacement when a claim is made ( you will find that these are for suppliers that give the INS Company a better deal, I.E, the INS Co will have paid less than the face value of them, in effect the suppliers gives the INS Co a discount for the extra trade the get from them ) but you can still refuse the VOUCHERS, because it is a restrictive practice,

 

seems many of these companies need to read and understasnd the SOGA, and stop using their version of the SOGA

 

and stop brainwashing their staff instructing them tell the customers that they can do it in Law because its Company Policy

 

as said by Bookie ( and many other ) NO Consumer Law is overriden by Company Policy, regardless of what the staff would like to tell you.

[chris-t-2k7]

so why do we keep hearing the term VOUCHERS when a refund is mentioned

 

a VOUCHER is a CREDIT NOTE and it can be refused, in that it restricts you in using the refund to spending it with the company that issues it

 

the SOGA clearly states "you dot have to accept a credit note"

 

some like M&S would issue these when you returned goods and had lost the receipt etc, even then they were in the wrong because the goods would have been branded M&S so there was no proof needed who supplied them,

 

However some insurance companies will issue Vouchers to obtain a replacement when a claim is made ( you will find that these are for suppliers that give the INS Company a better deal, I.E, the INS Co will have paid less than the face value of them, in effect the suppliers gives the INS Co a discount for the extra trade the get from them ) but you can still refuse the VOUCHERS, because it is a restrictive practice,

 

seems many of these companies need to read and understasnd the SOGA, and stop using their version of the SOGA

 

and stop brainwashing their staff instructing them tell the customers that they can do it in Law because its Company Policy

 

as said by Bookie ( and many other ) NO Consumer Law is overriden by Company Policy, regardless of what the staff would like to tell you.

 

A voucher would be issued as its coverplan, not a manufacture warranty....

[kiptower]

Sorry Chris, read the LAW on credit notes, a customer has the right to refuse it, a Voucher has the same legal definition as a credit note, it is still a restrictive practice

 

and the SOGA is very clear on this

 

its nothing to do with manufacture warranty

 

the vendor of the good is the person responsible regardless, coverplan is in addition to your stat right it cannot replace it

[chris-t-2k7]

Sorry Chris, read the LAW on credit notes, a customer has the right to refuse it, a Voucher has the same legal definition as a credit note, it is still a restrictive practice

 

and the SOGA is very clear on this

 

its nothing to do with manufacture warranty

 

the vendor of the good is the person responsible regardless, coverplan is in addition to your stat right it cannot replace it

 

At no point would you be issued a refund, your paying insurance for a repair service which covers accidental damage, in this case its what has been claimed under and a voucher would be issued as the insurance covers you for a replacement product not a refund as its not a problem with the laptop.

 

I agree you can refuse a voucher / credit note but in this case its irrelevant.

 

Chris

[kiptower]

once again being quoted "your paying for insurance" coverplan

 

that is dis-regarding of your stat rights, in the first year you dont use the insurance EXCEPT for accidental damage ( if that is covered )

 

in most cases you do not need these extended cover / warantee's etc ( infact most are a [problem] in the first place ) unless you want the accidental damage cover, or in some cases it may offer a faster repair / turn around than the normal 28 days ( and these are NOT working days as some companies tend to quote ) nor can they add more time, with excuses, oh we moved our workshops etc to bypass the limit, or many of the feeble excuses, another we cannot get the parts for 2 months they are coming from china or some far distant planet

 

coverplan does not come into place in this case anyway

[chris-t-2k7]

that is dis-regarding of your stat rights, in the first year you dont use the insurance EXCEPT for accidental damage ( if that is covered )

 

sorry I meant 2008.......typing in a rush as usual, sorry for any confusion

 

Again over the first year

[kiptower]

still does not matter the VENDOR is stil responsible for faulty goods

 

the coverplan is in addition to your rights in the above

 

as already said such things as coverplan are a total waste of money, and sold on the pretence it give you more than your legal rights, its sold because the salesman benifits from it more than the customer, WHICH mag have done this to death over several years

[chris-t-2k7]

still does not matter the VENDOR is stil responsible for faulty goods

 

the coverplan is in addition to your rights in the above

 

as already said such things as coverplan are a total waste of money, and sold on the pretence it give you more than your legal rights, its sold because the salesman benifits from it more than the customer, WHICH mag have done this to death over several years

 

I don't understand what your argument is, its a claim under ACCIDENTAL damage...there for manufacture warranty is gone, any rights are gone. Its under coverplan, therefore it'll be repaired or if after 42 days it can't be repaired vouchers will be issued for a replacement.

[kiptower]

not the voucher saga again

 

quote

 

vouchers will be issued for a replacement

 

its has not been proved the broken hindge was accidental damage or failure of the hindge / mounting

 

Infact hinges are a well known week point on laptops and do fail, they are attached to a white metal skeleton inside most laptops, and that point of contact often fails with use over a period of time , its actually a poor design fault and well known to the manufacturers, the white metal will fracture with the everyday stress from the steel hinge, the actual nature of white metal being an alloy causes the failure because of its crystal structure ( white metal is actually the slag leftover from making alloys, better known as Pig Metal )

 

I have repaired many laptops with just that problem, with chemical bonding and fibre glass / carbon fibre threads to strength the bond, and also written off many because its too damaged and you cant get the skeleton frame as a spare part

[chris-t-2k7]

So if we can't confirm that its accidental damage, but has cover and is over a year and is going to be sorted with a voucher why would it be an issue?

[kiptower]

the whole point of the explination is simple

 

1) even over a year has passed the fault could be inherent in design, therefore not the customer fault, therefore it is not a claim under accidental damage, if this be the case the VENDOR is using the insurance as a cop out

 

2) vouchers do not have to be accepted regardss of the time period

[chris-t-2k7]

the whole point of the explination is simple

 

1) even over a year has passed the fault could be inherent in design, therefore not the customer fault, therefore it is not a claim under accidental damage, if this be the case the VENDOR is using the insurance as a cop out

 

2) vouchers do not have to be accepted regardss of the time period

 

1) Fair point, which i've accepted but insurance is a customers choice and gives further benefits especially with accidental damage.

 

2) I've yet to see a refund of a laptop over a year old, vouchers have been issued for the same value but i've yet to see a product be refunded for cash. You'd have to be a pretty stubborn not to see this as a good outcome.

[kiptower]

no not stuborn Chris ( well howerever my wife will say I am once I get my teeth into something )

 

its more of what CAG is about , helping others to understand their legal rights

 

but the good thing is the posts will help other to understand what they can ask for

 

debate is a good thing and both sides of an opinion helps

 

regards

 

Kip

[ForestChav]

If you're claiming under the terms of the warranty and not under your legal rights a voucher is perfectly fine. If you wish to invoke your rights under the sale of goods act, then you will have to get an engineer's report or other proof that the fault was present when the item was purchased and then show that by the nature of the goods, their intended purpose and the cost of the goods that both of the other available options of repair and replacement of the goods are not applicable remedy AND even then in rescinding the contract they are allowed to take some reduction off the purchase price to account for any use of the goods.

 

As the item is two years old proving the cracks in the hinges were an inherent fault (to invoke SOGA) and that neither repairing nor replacing the laptop (to invoke a refund) is reasonable to the buyer (when you can just replace the hinges) will be difficult to begin with and then it is likely they will take about 1/3 or something off the purchase price because the laptop's been used two years and they're normally meant to last about 5/6 tops.

[labrat]

to put my two pence in

 

although there is known issues with hps and some advents with faulty issues where the manufacturers have extended the warrenty there is no known issues to my knowledge in regards to asus.

 

although obviously the law states that the consumer does not have to accept a credit note as a form of refund is it the case that the consumer in this case does not wish to receave vouchers or are they happy with these?