Retailer refusing to refund or replace laptop

[rockythundre]

Does a replacement within six months of purchase under the Consumer Rights Act 2015 need to be brand new or could it legally be a refurbished item.

Detail:
Purchased a laptop about a year ago and the touchscreen became unresponsive a few months after purchase. Took it back to the store I bought it from and they went through their own repair process which didn't fix the issue. It was exchanged for a new one at that point.

Now a few months later the same issue has happened again with the replacement laptop. I took it back into store and they went through the replacement process which didn't work. Rather than replacing the laptop the store advised me to contact the manufacturer and I did. The manufacturer advised they do not repair, but would replace with a refurbished laptop and the store said that will be my only option. Having read up about the Consumer Rights Act 2015, I believe my only point if contact should be the store I bought the laptop from, not the manufacturer, for a repair (didn't fix it), replacement (the store told me they no longer stock the laptop and it wouldn't be possible to replace) or a refund, (refused by the store).

I would like to know if I have to accept the refurbished laptop from the manufacturer or if I should go back into store to try and get a solution.

Thanks.

[R0b]

Hello

Firstly, it sounds as if your contract is between yourself and the store you purchased the laptop from. Businesses have a habit of referring you to the manufacturer but you have no obligation to do so as they were not party to the sales contract. Under the CRA you have the right to repair or replace in which case the replacement option was taken but failed (in fact there seems to be two attempts if you include the replacement with a new laptop). As the store only has one opportunity to remedy the problem you then have a right to seek a refund from them less any deduction for use.

Short answer, no you don't have to accept anything from the manufacturer, this is the store's problem who are trying to fob you off.

Can you name store and what reason did it give for refusing a refund?

[rockythundre]

Thank you for taking the time to reply. I tried to explain this to the store manager They advised me they were not lawyers and therefore I had to contact Head Office if I wanted to pursue this. I tired to reason with a member of staff who informed me they refund only for the first 30 days. Not sure what to do but will try visit another store and see if they are better. I am thinking worse case scenario I might have to go through some Small Claims Court so not sure if I want to name the retailer.

[R0b]

Well in my view, a manager, who is of course more senior than the ordinary employee, ought to have had training on consumer rights especially if you are working in that industry. The excuse of 'we're not lawyers' is not good enough and I'm sure that the manager probably has been trained on consumer rights but sounds like he is palming it off to someone else.

Of course and by all means try another store and see if they are prepared to assist but as they probably didn't have dealings with you in the first instance that might be hit or miss.You'll probably need evidence and receipts to show you've had a repair/replacement. I suspect they might just fob you off and say go back to the original store.

If, in the worst case you have to go down the legal route, might I suggest you hand deliver the letter before action to the store and send a copy to head office (make sure you specify in your letter a copy has been sent to head office). Make sure to take a photo of the letter outside the store as evidence it has been delivered in case they dispute receiving that and the letter to head office should be via a recorded delivery or obtain a proof of postage receipt as a minimum. You could of course just send a letter to head office but you could be waiting a while for a response, so the quicker method is to hand deliver the letter in store to the manager and send the copy out. What the manager does with the letter from there is up to him.

In terms of the contents of your letter, you need to set out some background to issue, what has been done and that the problem still hasn't been resolved. You could even suggest that the manager has been difficult by refusing to provide a refund despite having 2 opportunities to resolve the problem. Washing his hands of the issue and referring you to head office is causing unnecessary delays when it ought to be dealt with there and then. You should also spell what you are seeking from the store whether that's a refund or something else.

Reasonable period of time to respond is 14 days so you should give them that and if they don't comply then you will seek to commence legal proceedings without further notice to them. Might also be helpful to put the words 'Letter before action' as the subject so it's clear what your letter is about.

If you need any feedback, post up a draft of your letter and one of us will comment.

P.s. there is no harm in naming the retailer, part and parcel of being a business, they get named and shamed all the time. I would even have a stab at saying it sounds like Currys / PC World (if not Argos) as they seem to be known to do this sort of stuff.

[charitynjw]

You could try Resolver as a last-ditch before claiming via court.

[rockythundre]

Thanks, I'm having some questions regarding the manufacturer offering me a replacement refurbished laptop (not something I want to accept) instead of a repair, could the retailer not then argue a replacement option has been provided and therefore my consumer rights adhered to.

[charitynjw]

Why wouldn't you accept?

Different spec?

[R0b]

Thanks, I'm having some questions regarding the manufacturer offering me a replacement refurbished laptop (not something I want to accept) instead of a repair, could the retailer not then argue a replacement option has been provided and therefore my consumer rights adhered to.

Your contract isn't with the manufacturer directly, so why do they need to get involved? The store has already been given 2 opportunities to resolve the problem, it has not and so you can exercise your right of a refund.

[rockythundre]

https://legalbeagles.info/forums/for...72#post1455172

The manufacturer told me it will be the same spec. The issue I have with receiving a refurbished laptop would be the retailer would simply wash its hands of me as I now have a product directly from the manufacturer and I've read many horror stories of customers receiving refurbished laptops from the manufacturer of my laptop which are dented/of bad quality and the manufacturer does not do anything about it.

[rockythundre]

https://legalbeagles.info/forums/for...72#post1455172

Agreed, I just wanted to cover that point as I prepare my complaint through Resolver and the manufacturer offering a replacement seemed something I expect them to come back to me with.

Just to be clear, even if the manufacturer has offered me a refurbished replacement laptop, I am under no obligation to accept it and should continue to send my complaint through Resolver on this issue with the retailer.

[charitynjw]

Yep, totally agree with R0b

Don't let the retailer side-step their legal responsibility.