Brighthouse won’t repair

[B4zza79]

Hi,

Thank you for allowing me to join. I purchased an Apple MacBook from Brighthouse and paid it off over 12 months. Now 18 months down the line the logic/motherboard has failed (apple confirmed this). So I spoke to Brighthouse and they said as it’s out of warranty and I own it outright they won’t repair it. I stated that it’s covered under the sale of goods act 1979 and the consumer rights act 2016. They said if I’m not satisfied raise it as a compliant. After they denied all knowledge of the original complaint they have now said after investigation they don’t feel they have to repair it and want to close the case. I told them I’m not happy with that and they said they will escalate it but it’ll take 56 days to resolve. So I guess what I’m asking is, if/when they refuse to repair again. What are my options?

[charitynjw]

Hi & welcome

Durkin v DSG Retail Ltd
https://www.russell-cooke.co.uk/medi...april-2014.pdf

Consumer Rights Act 2015

Can a trader contract out of statutory rights and remedies under a goods contract?

31 Liability that cannot be excluded or restricted

(1) A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability arising under any of these provisions—

(a) section 9 (goods to be of satisfactory quality);

(b) section 10 (goods to be fit for particular purpose);

(c) section 11 (goods to be as described);

(d) section 12 (other pre-contract information included in contract);

(etc)

http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/can-a-trader-contract-out-of-statutory-rights-and-remedies-under-a-goods-contract/enacted

[B4zza79]

I’m going with unsatisfactory quality. As I feel £1300 for a premium brand product should last longer than 18 months. I’ve also since found out it was an ex-floor model. I thought I was buying brand new

[ostell]

Not as described if it was a display model and not new

[B4zza79]

Quick update. Brighthouse/Faversham have concluded their investigation into the compliant and have stated “ As I own the product outright and it is 8 months after it has been paid off they don’t feel obligated to repair the item”. I have now taken it up with the FOS but I’m not very hopeful after speaking to them.

[charitynjw]

Send them this.