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Hello,

 

 

I purchased the HP N268SA laptop for £499 from Curries PC world at the end of April / start of May.

 

 

Within 2 weeks on the 20th May 2014 the DVD drive of the laptop stopped working,

I took it back to the store where in line with their policy's,

my laptop was quickly replaced with an identical model with no hassle.

 

Last week the DVD drive on the replacement laptop has stopped working.

I rang up knowhow who went through some checks and confirmed that it was a hardware fault with the laptop

and I should take it back for either a repair or possibly a replacement.

 

I took it to the store, told them of the problem and that knowhow had confirmed that it was a hardware issue.

Despite this confirmation, they decided to completely wipe the laptop in store to confirm it was not a hardware issue.

 

 

After the laptop was wiped and a few hours of my time had passed the laptop was completely wiped as it was when new

and the DVD drive still does not work, and I have a laptop with all my files and software gone, a major inconvenience to say the least !

 

The only option they could offer me in store was a repair, which is understandable but to which I completely refuse due to the age of the laptop.

 

Where do I stand.

 

 

Head office are refusing to replace also.

 

 

Do I have to accept this repair?

 

 

If I wanted a second hand refurbished laptop.

 

 

I would have brought one.

Edited by danhill
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As it failed within 2 weeks, then I would be demanding a replacement, or a full refund.

 

It is clearly faulty from point of purchase, I would think who ever you have been speaking to has just left school and is unaware if

consumer rights.

 

Have a look at SOGA.

 

Lodge a formal complaint regarding head office's point blank refusal to replace, and remember there is always trading standards.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It failed after two weeks.

 

 

They replaced it which I was happy with.

 

 

However the identical model has now failed with exactly the same fault after 3 months.

 

 

I have demanded a replacement which they refuse.

 

 

I emailed the CEO and got a prompt phonecall from someone at customer services who say they will only offer a repair.

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Hello and thank you.

 

 

It was paid via debit card.

 

 

I did mention to the person on the phone that I would try go down the route of a chargeback.

 

 

He instantly dismissed me saying the bank would contact them first and they would say they offered a repair to which I refused

so therefor I would not get my money back.

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Contact your Card Provider, ask to carry out a Chargeback, explain that the first one was faulty and replaced. The replacement is now faulty, the store have confirmed it's faulty. Explain that they refuse to replace it, instead they want to repair it, having spent £500 that is totally unacceptable. Explain that they've deleted all your data on the laptop.

 

Follow the call up by amending the following template (scroll down pick the correct one), send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Let us know what they say.

 

Hello and thank you. It was paid via debit card. I did mention to the person on the phone that I would try go down the route of a chargeback. He instantly dismissed me saying the bank would contact them first and they would say they offered a repair to which I refused so therefor I would not get my money back.
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Lets see what they say first, there is a time limit to make a chargeback claim, 120 days.

 

Ok thanks. What if that is refused? Do I have any other options?
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Ring them up make a claim, lets see what they say, be assertive.

 

I have checked and I am outside that time frame by a small amount from when the laptop was originally purchased.
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I appreciate the prompt response.

 

 

Is their absolutely nothing I can do to get my replacement before I go down that route.

 

 

I need a computer working in the next few days.

 

 

ideally if there is anything I can do to get a replacement I would like to try that first.

 

 

Then use the chargeback as am absoloute last resort.

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You could go to the store again, explain that you've spent £500, under SOGA you want it replaced, the laptop should last longer then 4 months, reparing it is unacceptable. If they still refuse, ask to speak to Sebastian James CEO, whilst your there, don't leave until you speak to him, but stay calm.

 

I appreciate the prompt response. Is their absoloutly nothing I can do to get my replacement before I go down that route. I need a computer working in the next few days. So ideally if there is anything I can do to get a replacement I would like to try that first. Then use the chargeback as am absoloute last resort.
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You could go to the store again, explain that you've spent £500, under SOGA you want it replaced, the laptop should last longer then 4 months, reparing it is unacceptable. If they still refuse, ask to speak to Sebastian James CEO, whilst your there, don't leave until you speak to him, but stay calm.

 

I rang the bank anyway requesting a chargeback.

 

 

They said the issue is regarding a quality issue.

 

 

That is not covered under the chargeback rules

 

 

there is nothing they can do.

 

 

I feel like I'm hitting a brick wall.

 

 

I just want my laptop refunded or replaced!

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Your best bet is to ring them again tomorrow, when there is some one with knowledge of Chargeback.

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_extra_protection_when_you_buy_on_credit_or_debit_card_e/extra_protection_when_you_buy_with_a_debit_card.htm

 

So I rang the bank anyway requesting a chargeback. They said the issue is regarding a quality issue. That is not covered under the chargeback rules so there is nothing they can do. I feel like I'm hitting a brick wall. I just want my laptop refunded or replaced!
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Card Providers don't like to authorise Chargeback's, as pointed out you need to be 'determined'. You need to persistent.

 

They said they know what charge back is. But they cannot offer it in this instance. I was passed between 4 people.
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Contact CAB, they can put you through to Trading Standards.

 

http://www.adviceguide.org.uk/england.htm

 

I was extremely persistent. They repeatedly told me it could not be done. I feel tomorrow I will get the same response. Trading standards it will have to be by the looks of it.
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Why contact CAB? They will only advise you that if the retailer is insisting upon a repair, they are within their rights to insist on a repair. Makes me laugh that people only use the parts of SOGA that suit them.

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Having spent £500, the first product was faulty, the replacement is now faulty after just 3.2 months, the OP is within their rights to seek a refund. To contact Trading Standards, you generally need to go through CAB.

 

Why contact CAB? They will only advise you that if the retailer is insisting upon a repair, they are within their rights to insist on a repair. Makes me laugh that people only use the parts of SOGA that suit them.
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I am fairly sure that price paid doesn't really change what the retailer is entitled to do, repair, replace, refund can be done on anything covered by SOGA. Price paid usually only determines how long it should reasonably last in it's lifetime right?

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I will commence the battle today again. Thank you for the advice it is greatly appreciated.

 

Can I just clear something up. When I purchased the laptop originally, a contract between myself and Curries PC world was created. Curries PC world seem to think that when I originally exchanged the faulty laptop the original contract between us expired and a new one was created. I am under the impression that I am bound by the original contract and the exchange was done under the original contract.

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It was replaced after two weeks after purchase. The customer could have stated, 'I want a refund', instead he said 'I'll accept a 'replacement', the replacement is now 'faulty', now they want to send it away for repair after 3.2 months, thats quite a lot of money to spend a product that has shown almost zero reliability.

 

I am fairly sure that price paid doesn't really change what the retailer is entitled to do, repair, replace, refund can be done on anything covered by SOGA. Price paid usually only determines how long it should reasonably last in it's lifetime right?
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Also in the first instance the retailer can decide if they want to replace, repair or exchange. If I am still bound by the original contract like a I mentioned above, and not some new one like they seem to think. Then surely, in the first instance they chose to replace rather than repair. So why should I have to accept a repair this second time.

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