Currys faulty laptop refusing refund

[bigbee]

Hi,

 

I purchased a laptop from Currys then 29 days later powered it on to find the screen didnt come on.

 

I went back into store to get refund/repair. I made it perfectly clear I would only take repair if it could be done within 10 days as thats when I absolutely required the laptop for; the "know how" staff assured me it would more likely be 7 days but definitely within 10, so i left my laptop with them for repair.

 

7 days later I phoned to find they had not begun to repair it, they were very apologetic and assured me it would be escalated to a senior engineer to be repaired and sent back to store within the 10 days.

 

On the 10th day I called to find there "no notes on the system" about what had been promised and that they have 30 days to repair the laptop.

 

I requested a refund and they refused. I was passed to a supervisor who informed me they would not refund me and would only offer to repair as I must request a refund within 28 days of purchase, otherwise I am only entitled to a repair.

 

I informed then I had not used it at all within that 28 days and they could verify this as it would still boot with the "initial setup" process you must complete on new laptops.

 

I have lodged a moneyclaim for the refund and they have responded that they will defend the claim.

 

Please could you advise if this is worth pursuing for my refund or is the law not on my side here?

 

Any advice is much appreciated.

 

Best Regards

[MaxxPower]

Unfortunately I think Currys are (legally at least) right here. They've handled it badly, but the option of Repair/Replace/Refund is their decision, not yours, and they have a 'reasonable time' to carry out repairs. The time isn't set in stone, but is typically taken/accepted to be 28-30 days.

 

I'll be happy to be corrected on this, but unless Currys don't return the laptop within 30 days of when you initially reported the issue and gave the laptop back, then I don't think you can force anything from them.

 

Probably worth a letter of complaint to the CEO. Certainly couldn't hurt. At the very least you might get some vouchers out of it.

[dx100uk]

correct max.

 

the op could refuse the laptop under soga. [not fit for purpose]

but the 10days thing makes no odds sadly

 

or might be able to get the whole payment back under section 75

if paid by a credit card.

 

dx

[bigbee]

Hi Maxxpower,

Thanks for your reply.

 

I always thought The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.

Would I not have grounds to request refund for breach of contract? I cant imagine they have the legal choice to offer me repair/replace/refund after breach of contract, surely the right to refund is a given with retailer discretion for repair/replace? Unless there is no fault then retailer has total discretion I believe.

 

As I've already started the moneyclaim at £35 cost I am deciding whether to take the repaired laptop back and put it on ebay or escalate it at further cost with the claim.

I think a reasonable time is subjective and having made my idea of a reasonable time perfectly clear and they confirmed this to me, surely that timespan is entered in the implied terms of the contract? As they breached that again I don't see how they can defend my reasonable request for a refund.

 

If any legal expert could please offer some advice I would be most grateful indeed.

[bigbee]

correct max.

 

the op could refuse the laptop under soga. [not fit for purpose]

but the 10days thing makes no odds sadly

 

or might be able to get the whole payment back under section 75

if paid by a credit card.

 

dx

 

Hi dx100,

Thankyou for your reply.

Unfortunately I paid with debit card so cant do the section 75.

 

which 10 days thing are you referring to?

 

oh I see you are saying it makes no odds that they confirmed it would be within 10 days. But that would mean anyone can promise anything to a customer and that would never make any odds? so if a laundrette said they would have your clothes ready in an hour, they would legally have 30 days?

Edited October 29, 2013 by bigbee
found answer to question

[MaxxPower]

It all depends on the terms and conditions at sale.

In your laundry example, the 1 hour service would be something advertised, therefore you are entering into a contract where their obligation is to get your laundry back to you in 1 hour. If they don't, they are in breach of that contract.

In the case of purchasing a laptop, unless Currys specifically offered you a 10 day repair turnaround as part of the sale, then all that will apply is your statutory rights, in this case the SOGA, which gives retailers a 'reasonable time' to rectify faults.

Yes goods have to be fit for purpose, but that doesn't automatically entitle the purchaser to a refund the second something goes wrong. The retailer has the option of repair/replace/refund and they'll usually go in that order. They'll attempt a repair, then if it's uneconomical or can't be done in time they'll usually go for a replacement.

 

Unfortunately I think you've majorly jumped the gun by serving a claim against them and I wouldn't be too surprised to see Currys defend this one and, in all likelihood, win, provided they do repair or replace the laptop within a reasonable timeframe as allowed by the SOGA. Whoever hears the case will almost certainly be not too impressed that you didn't really give Currys a chance to rectify things beyond giving them 10 days to repair it.

[bigbee]

Maxx while I appreciate you are trying to share what you believe to be sound knowledge in hope of steering other users in a positive direction, please ensure you check your facts before stating your opinions. It is quite clear and obvious a retailer does not and should not have the choice of repair/refund/replace, a full refund is always entitled when a product is not fit for purpose/faulty and a repair is not done in a reasonable amount of time. As the reasonable amount of time was addressed prior there is no misunderstanding about what we both agreed would be a reasonable amount of time. I will pursue the claim.

 

taken from oft document (oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf):

 

Faulty goods, no acceptance

If the item does not conform to contract (is faulty) for any of

the reasons mentioned previously, and the customer has not

accepted the goods, the law says the customer is entitled to

• reject the goods and claim a full refund, or

• request a repair or replacement if that is the customer’s

preferred option.

As the retailer, you can offer a repair, a replacement or

a credit note, but you cannot insist on any one of these.

It is the customer’s right to receive a full refund in these

circumstances.

Where a customer is entitled to a full refund because they

have not accepted the goods but have agreed that you may

repair or replace the goods, they can still claim a full refund if

the repair or replacement is

• taking an unreasonable time, or

• causing an unreasonable inconvenience, or

• if the repair or replacement is not satisfactory when

they receive it.

 

I havnt accepted the laptop as it can be proven the fault appeared upon powering on the laptop which has had no other use. Acceptance period is limited to a reasonable amount of time which in my case was 29 days, just outside of there meaningless 28 days.

 

Before a customer is believed to have accepted the goods

they have purchased, the law allows customers a reasonable

opportunity to inspect or examine the goods and this should

take place within a reasonable time.

Edited October 29, 2013 by bigbee
adding acceptance element

[MaxxPower]

The part you're referring to there though is reliant on this,

 

Customers are entitled to reject goods if they are faulty

(do not match the description, are not of satisfactory quality,

or are not fit for purpose) and receive a full refund if they have

not yet accepted the goods.

Before a customer is believed to have accepted the goods

they have purchased, the law allows customers a reasonable

opportunity to inspect or examine the goods and this should

take place within a reasonable time.

 

You had a reasonable time to inspect the goods though. 29 days. It isn't here or there that you didn't turn the laptop on for 29 days, you had the oppertunity and that's what counts. Therefore, in my opinion at least, under the SOGA you were deemed to have accepted the goods. So the part of the SOGA you have quoted does not apply in your case. Instead, the next part applies to you,

 

If the item does not conform to contract (is faulty) for any

of the reasons outlined and the customer has accepted the

goods, the law says the customer is entitled to claim a repair

or replacement of the goods in the first instance.

If either a repair or replacement is not possible, or the cost is

greater than the value of the item (disproportionately costly),

or the customer claims either option is taking an unreasonable

amount of time or is causing unreasonable inconvenience, the

customer is then entitled to

• keep the goods and claim a price reduction from the retailer

to compensate them for the fault in the goods –

this would be the difference between the value of the

product in perfect condition and the value of the product in

the faulty condition, or

• return the goods and rescind the contract. This would mean

that the customer returns the goods and you provide a

partial refund, calculated to reflect the benefit the customer

has received from the product.

As you can see here, the retailer is entitled to give the option of repair or replacement ahead of a refund. Currys are only obliged to give a refund in the event of a repair/replacement not being possible or the repair taking an unreasonable amount of time. No court will consider more than 10 days but less than 28 to be unreasonable.

 

Sorry if it's not what you want to hear.

Edited October 29, 2013 by MaxxPower

[bigbee]

Hi Maxx,

I take all of those points on board, which is why I am here looking for some expert knowledge that may have seen the outcomes for similar incidents.

I think if I were a judge and this case were put in front of me I would instruct a refund and fine Currys for wasting court time.

 

Would a court see 29 days as a reasonable amount of time or would the judge think anything above 28 days is unreasonable?

 

For the repair the fact that a reasonable amount of time was verbally agreed prior to commencement, surely it can only be judged any time beyond that is unreasonable?

[dx100uk]

gotta agree you've jumped the gun here

 

if it was a debit card do a chargeback

 

if you get the chargeback, obv drop the case.

 

dx

[Conniff]

Just for info, a judge decided 2 years was reasonable on a boat and ordered a full refund. Not the same thing I know, but the main question is, what is a reasonable time, you might be well over the top with 29 days.

 

 

The distance selling regulations considers that 7 working days is enough for a buyer to examine a product, but as you have paid the court fee, you can carry on with the claim.

 

 

Currys are one of the worse when it comes to customer service but a contract can be made verbally and if they said they would return it within 10 days, then I think I would continue along that path.

[bigbee]

Hi DX100,

I needed the money refunded so I could buy a laptop on the day I needed it but as they said they would not what else could I do?

This is the first Ive heard of chargeback with a debit card, would it be best to speak to my bank about this?

 

cheers

[dx100uk]

http://whatconsumer.co.uk/visa-debit-chargeback/#axzz2j7cNJGGJ

[bigbee]

Hi Conniff,

thanks for your reply.

This is reassuring your thoughts are the same as mine, I think its crazy to put a limit of 1 month to find something is faulty, as though everyone is not busy enough to fit everything in their lives into 30 days, or even 28 days to be exact???

 

Such a huge company as Currys would treat me this way for under 400 pound when over the years I have spent thousands with them? baffles me. It would be understandable if it wasn't faulty or if I had been using it all that time but they can see I havn't used it at all and it displayed the fault the first time it was powered on.

 

The store currently have the laptop, should I collect it pending judgement or just leave it with them?

[porkyp1g]

How long did it take to fix? What was the fault?

[bigbee]

How long did it take to fix? What was the fault?

 

It took 2 months. Fault was lights came on but nothing on the screen.