really need help with currys and a laptop

  tonsta1978 00:23 15 Jan 08
Locked

hi i hope you can give me some good advice!

i purchased a laptop 18/08/07 from currys, i never used it much to be honesut but now my desktop has gone i use it more, but it has the following problems:

mouse goes nts sometimes when pussing keys (hand no where near the mouse pad)

battery lasts no more than 45 mins and it states upto 2 hrs - this is just word processing not videos games etc..

hard drive clicks sometimes and system locks up.

i went into currys and asked if i could get it exchanged and the guy said they would need to get auth from the tech guys and he tried to call them. due to phone problems he gave me the number and said i would need to ring them to get auth for the exchange.
so i rang them and spoke to a guy who said they could repair it, i said this is not really an option for me as i use it for my buisness and i would lose money. SO he said well as its a hardware problem its obviously faulty and said it was fine to take it and get an exchange.

i then took it to the store who said ok they would just need to ring to confirm this and all would be fine. after ringing them the manager said that aparently the guy wrote in his note i refused a repair and would go back to the store, NOTHING saying he said an exchange would be ok.
so the store once again refused exchange and only offered repair.

i then rang the tech guys again and spoke to a manager who said ALL calls was recored but when i said that the recording would be used if i persued legal action then said only some was recorded. he then went on to say that currys should not need auth from them and it was the managers descretion to whether an exchange could be done. he said he would call them and to go there and he would speak to me there, when i got there the manager had not rang but another person and they was not on the phone, once again refused.
i spoke to the manager on the phone as he is not in till fri and he said he would not exchange as he would have to write it off, so no joy.

so here the thing am i entitled to an exchange? as i thin i entered into a verbal contract with the tech guys when he said an exchange was ok. Also anyone have any ideas? i have read that i can ask for a exchange within the first 6 months if it is fauly.

sorry about long winded post and look forward to help

  penbee 00:34 15 Jan 08

i got a laptop at comet and was told after 28 days i had to take up faults with the manufacturer under the year warranty maybe try the maker of the laptop?

  tonsta1978 00:41 15 Jan 08

hi thankyou for you reply i know under the sales of goods act its currys responsibilty as my contract is with them and DSG are the makers (well rebrand)

  interzone55 09:09 15 Jan 08

That's utter bull poo, your contact is with the retailer, NOT the manufacturer and don't let anyone tell you otherwise.

If the retailer cannot arrange for a repair then they have to give you a refund or exchange.

  interzone55 09:09 15 Jan 08

This is the Tech Guys complaints process - from click here

Complaints Process

If you are not happy with the level of service provided by The TechGuys, please let us know by:

Contacting our Customer Service Team on 0844 800 3040 (national rate).
Opening hours 09:00 – 18:00, Monday to Saturday

or

By emailing [email protected]

or

By writing to us at:

The TechGuys
PO Box 1686
Sheffield
S2 5YB

We undertake:

* To deal with your complaint fairly, confidentially and effectively
* To acknowledge your complaint within 24 hours of receipt with a proposal of the action to be taken
* To keep you updated on progress made and to provide a likely time scale for resolving it within 5 working days of receipt

We hope that any complaint you have may be easily resolved. If that is not the case, our Customer Quality Manager will try to help and can be emailed at [email protected]

  spuds 14:08 15 Jan 08

If you try the various methods and contact points supplied by alan14, and you are still not satisfied. Then escalate your complaint to Keith Jones (Managing Director) Customer Service Dept, 2 Nunnery Square, Parkway, Sheffield, S2 4DD.
.....

penbee
Comet are responsible for any problems for at least the first twelve months of purchase under consumer law, and them implying otherwise is providing incorrect consumer law advice. Things like Laptops may well come under the 6 year rule, which gives certain extra provisions and possible solutions for the consumer.Going the manufacturer route may have certain and perhaps quicker advantages on some products, but never do this without the written consent from the retailer first. Going direct without agreement, can reduce your consumer rights.

Personally, I do not use Comet now or intend to in the future, through a very bad incident when they seemed to suggest on an occasion, that they knew more about consumer laws, than the general public.I proved them wrong!.

  spuds 14:10 15 Jan 08

Whoops sorry, postcode should have been S2 5DD

  ForestChav 19:40 18 Jan 08

It is perfectly acceptable for them to offer a repair, unless you can prove that it is causing you undue inconvenience to accept one. (PROVE not STATE).

The issue is here that the TechGuys are a repair/service line. They're not able to replace the items, merely to arrange a repair (or fix it over the phone). If you do want a replacement you will need to deal with the store (as that is where you bought the item) and discuss it with them.

The way it works is that the company who supplied you with the item is responsible under the sale of goods act for repairs/replacements needed if the fault was present when you bought the item. So a few issues:
- Sale of Goods Act states that a repair is a reasonable remedy provided that the costs of providing this are not disproportionate to a replacement, or a repair would cause you undue inconvenience which you would then need to prove. (As a business you really must have a contingency for equipment failure)
- A replacement is offered when that is not disproportionate to a repair.
- If the item is less than six months old it is considered to have been inherently faulty and it is down to the retailer to prove otherwise. If it is older you need to prove the fault was there when you got it (eg with an engineer's report).
- You bought it from Currys so it is Currys responsibility to resolve it. Currys is a separate company from the techguys, though both are DSGi they have no responsibility under SOGA.
- The note about refusing the repair is factual - you DID because you opted to pursue the exchange route.

  ForestChav 19:44 18 Jan 08

"penbee
Comet are responsible for any problems for at least the first twelve months of purchase under consumer law, and them implying otherwise is providing incorrect consumer law advice. Things like Laptops may well come under the 6 year rule, which gives certain extra provisions and possible solutions for the consumer.Going the manufacturer route may have certain and perhaps quicker advantages on some products, but never do this without the written consent from the retailer first. Going direct without agreement, can reduce your consumer rights."

There is no such thing as a six year rule.

Items have to last for a reasonable time after purchase. As I stated, if an item is over six months old your statutory rights require you to prove the fault was there when you got the item. If so, and the item hasn't lasted a reasonable time but is less than six years old you can claim for a repair or replacement from the retailer.

The six years is a legal ceiling to make a legal claim with regard to settling debts, etc.

It doesn't say that all items have to last six years. Comet are responsible for it for "a reasonable time" ie the expected lifetime of the product (which according to SOGA accounts for certain factors). The 12 months, and I presume you are referring to manufacturer's warranty, is a completely independent issue.

  ForestChav 19:45 18 Jan 08

Another issue for the OP is that businesses do not have the same protection under SOGA as consumers do, if you bought it as a business you do have different rights anyway.

  Paul M 19:15 20 Jan 08

That is extremely interesting - I always wondered why they ask you at the checkout at PC World if you are buying the item for personal or business use - I guess the best bet, therefore, is to always say personal use.

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