Samsung laptop return

[onlineconsumer]

Advice needed

 

I purchased a pretty expensive Samsung laptop for my daughter to use for school, as the one she had previously no longer worked.

 

3 weeks after receiving the device, the black finish has started to rub off on the corners, revealing a silver underside which looks hideous.

 

Have been through endless discussions with Samsung support and they are sticking with their mantra that if I want to have a replacement I need to send it back to them to assess and if they can't repair it they will send a replacement, which will take 7-10 days.

 

My daughter is in the middle of exams/revision and cannot do without a laptop for any period of time, let alone 10 days.

 

I have offered to take the laptop in to a service centre for them to assess, with the prospect of getting a same day handover, if they deem it replaceable. They refuse to allow this. 

 

Is there any legal right that I have to force samsung to provide a same day replacement?

Can I reasonably take Samsung to court over this?

[dx100uk]

did you purchase this directly from samsung?

 

dx

 

[onlineconsumer]

Yes, from Samsung Shop online 

[dx100uk]

just to clarify, you have written evidence that you informed them of the issue within 30 days of you receiving it?

 

 

[onlineconsumer]

Absolutely, it hasn't even been 30 days yet, received it on 22nd feb

[dx100uk]

ok well you've met you rights under the consumer rights act and that puts you in a strong position.

now as long as you've good photos there is no rush in getting this fixed.

 

so it might be an idea to suggest you get it done when its use is not so pressing?

 

most laptops are not easy to swap cases over, its a whole dismantle jobby

 

the easiest route is to suggest they simple swap her harddrive out into another identical new laptop, that takes about 15mins!!

 

dx

 

 

 

 

 

[BankFodder]

I'm going to add a rider to the comments from my site team colleague above.

 

If you take action to how the laptop repaired in some way this could be taken as accepting the situation and giving up your rights .

 

Is there any chance that you have the funds to buy another laptop so that the one you have at the moment becomes redundant and we can then help you take direct action in respect of it

 

[onlineconsumer]

Unfortunately I don't have the funds to purchase another, as the laptop cost well over £1000. In terms of repair, I wouldn't do that anyway, it's cosmetic rather than functional so we could live with it, however, I shouldn't need to. If I bought a car and the paint work started to come off in the rain after 3 weeks, I would expect this to be considered a fault

 

I am going to look at seeing whether I have a case under the consumer rights act. I think, but not sure, that I have access to free legal advice under a benefit scheme at work, so I will start there

[BankFodder]

You don't need to look any further than here .

You have complete rights under the consumer rights act.

You also don't need to look any further than here for legal advice.

 

I suggest that you draft a letter of claim and post it here so we can check it and then send it off on Monday.

 

Have you loaded anything up on the laptop which has added value to it?

 

 

 

 

[onlineconsumer]

Ok thanks.

 

I will check out the claim form and write something up.

 

I couldn't argue as to whether we have loaded anything of value on the laptop.

 

It's value is in the need for my daughter to have it for school over the next 3/4 months or so.

 

What annoys me is that I am happy to be flexible in driving around to have the device inspected and returning to get a same-day replacement, yet Samsung will not budge from their standpoint.

 

The only way I see that I can resolve this for myself is to force them in to doing so.

 

Although I am quite sure that I can argue for a replacement/repair under warranty,

 

I don't think Samsung are saying that this is not the case; it is the same-day replacement element which is under dispute and that is the bit that I need to understand whether I have the right to.

 

Samsung maintain they need the device for at minimum of 7-10 days to assess the issue and repair if necessary and I need to send it to them to do this.

 

I maintain that I can take the device to a repair centre, let them assess and if it is repairable figure out how long it will take and if necessary, wait until the summer to get repaired.

 

If it is not repairable, then they would order a replacement and I can swap the device when it has arrived. Samsung have stated they will not do this

[BankFodder]

They are not entitled to insist on a repair .

If the defect has manifested itself within 30 days and if you have given the notice, then you are entitled to an immediate refund or a replacement at your choice .

Samsung have  no say in the matter.

 

If since having given them notice, they have insisted on any action by you which has caused you any expense then this should also be added to your claim.

Don't hang around. Draft your letter of claim and post it here and send it off on Monday.

 

 

 

[onlineconsumer]

Hi, just to confirm that I have it correct, this is the same as a letter before claim, which goes to Samsung and is 

 

• your name and address
• a summary of what’s happened
• what you want the person or business to do about it
• how much money you want - like the cost of repair or a replacement - and how you’ve calculated that amount
• a deadline for reply
• that you’ll start court proceedings if you don’t get a reply

 

So, I have drafted the following, from a template. Any comments?

 

Letter before court claim

To whom it may concern,

Re: Defective Samsung Galaxy Book3 360

 

I have not received a satisfactory response to the Samsung technical support and Samsung Online shop communication, starting on Wednesday 15^th March 2023, regarding a faulty Samsung Galaxy Book3 360 which we received from you on 22^nd February 2023. I have explained the issue with the fault and that as the laptop has been purchased for a child, is used daily for school and exam revision. Samsung have insisted on a minimum 7-10 day assessment, leaving my child without a device in the meantime.

 

I am once again requesting a same-day replacement of the product on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. I enclose a copy of the proof of purchase.

 

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the same-day replacement, could you please then send me a detailed response saying why you don't agree.

 

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

 

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

 

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

 

I look forward to your acknowledgement.

[BankFodder]

I don't know where you got this letter from. I suspect it was from the which magazine or some such .

 

It's far too long and far too complicated and offers alternatives and dilutes the threat .

Also, you don't seem to give a reference number so they will have no idea what you are talking about.

Quote

Dear sir/madam

 

Letter of claim

 

I purchased a laptop computer from you on the reference number xxx on xx date.

By XXX date the laptop had manifested defects in that the paint had started to peel away.

My informed you on xxx date about these defects. This was well within the 30 days short term right to reject provision contained in the consumer rights act 2015.

You have declined to comply with your statutory obligation, either to offer me a refund or a replacement. Instead, you have informed me that you wish to carry out some kind of inspection with the possibility of implementing a repair .

You are in breach of your statutory obligations.

Buy required that you refund me in full or else provide me with an immediate replacement.

If you do not do this within 14 days of this letter then I shall commence proceedings in the county court for the full value + interest + cost and without any further notice to you .

 

Yours faithfully

 

Quote

[onlineconsumer]

Thanks. It was from the citizens advice bureau website but I am happy to amend accordingly. I would have included a reference number if the actual correspondence but didn't want to post personal details on to a public forum

[BankFodder]

If you are using citizens advice, then you probably need to decide who you are going to rely upon. Us, or them.

Otherwise you will simply get confused and the only people who will benefit will be Samsung

[onlineconsumer]

OK. I have redrafted the letter. Who do I send this to?

 

Letter of claim

 

Dear Sir/Madam

 

I purchased a Samsung Galaxy Book3 360 computer from you, order number xxx, received on 22^nd February 2023.

 

By 15^th March 2023 the laptop had manifested defects, in that the dark finish had started to come away at the corners, revealing a silver underside.

 

I informed you on 15^th March 2023 about these defects. This was well within the 30 days short term right to reject provision contained in the consumer rights act 2015.

 

You have declined to comply with your statutory obligation, either to offer me a refund or a replacement. Instead, you have informed me that you wish to carry out some kind of inspection with the possibility of implementing a repair. You are in breach of your statutory obligations.

 

I request that you provide me with an immediate replacement or provide me with a full replacement refund.

 

If you do not do this within 14 days of this letter then I shall commence proceedings in the county court for the full replacement value + interest + cost and without any further notice to you.

 

Yours faithfully

[BankFodder]

Who did you purchase it from? Send it to them.