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bigbee

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  1. It took 2 months. Fault was lights came on but nothing on the screen.
  2. Hi Conniff, thanks for your reply. This is reassuring your thoughts are the same as mine, I think its crazy to put a limit of 1 month to find something is faulty, as though everyone is not busy enough to fit everything in their lives into 30 days, or even 28 days to be exact??? Such a huge company as Currys would treat me this way for under 400 pound when over the years I have spent thousands with them? baffles me. It would be understandable if it wasn't faulty or if I had been using it all that time but they can see I havn't used it at all and it displayed the fault the first time it was powered on. The store currently have the laptop, should I collect it pending judgement or just leave it with them?
  3. Hi DX100, I needed the money refunded so I could buy a laptop on the day I needed it but as they said they would not what else could I do? This is the first Ive heard of chargeback with a debit card, would it be best to speak to my bank about this? cheers
  4. Hi Maxx, I take all of those points on board, which is why I am here looking for some expert knowledge that may have seen the outcomes for similar incidents. I think if I were a judge and this case were put in front of me I would instruct a refund and fine Currys for wasting court time. Would a court see 29 days as a reasonable amount of time or would the judge think anything above 28 days is unreasonable? For the repair the fact that a reasonable amount of time was verbally agreed prior to commencement, surely it can only be judged any time beyond that is unreasonable?
  5. Maxx while I appreciate you are trying to share what you believe to be sound knowledge in hope of steering other users in a positive direction, please ensure you check your facts before stating your opinions. It is quite clear and obvious a retailer does not and should not have the choice of repair/refund/replace, a full refund is always entitled when a product is not fit for purpose/faulty and a repair is not done in a reasonable amount of time. As the reasonable amount of time was addressed prior there is no misunderstanding about what we both agreed would be a reasonable amount of time. I will pursue the claim. taken from oft document (oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf): Faulty goods, no acceptance If the item does not conform to contract (is faulty) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to • reject the goods and claim a full refund, or • request a repair or replacement if that is the customer’s preferred option. As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer’s right to receive a full refund in these circumstances. Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is • taking an unreasonable time, or • causing an unreasonable inconvenience, or • if the repair or replacement is not satisfactory when they receive it. I havnt accepted the laptop as it can be proven the fault appeared upon powering on the laptop which has had no other use. Acceptance period is limited to a reasonable amount of time which in my case was 29 days, just outside of there meaningless 28 days. Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.
  6. Hi dx100, Thankyou for your reply. Unfortunately I paid with debit card so cant do the section 75. which 10 days thing are you referring to? oh I see you are saying it makes no odds that they confirmed it would be within 10 days. But that would mean anyone can promise anything to a customer and that would never make any odds? so if a laundrette said they would have your clothes ready in an hour, they would legally have 30 days?
  7. Hi Maxxpower, Thanks for your reply. I always thought The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. Would I not have grounds to request refund for breach of contract? I cant imagine they have the legal choice to offer me repair/replace/refund after breach of contract, surely the right to refund is a given with retailer discretion for repair/replace? Unless there is no fault then retailer has total discretion I believe. As I've already started the moneyclaim at £35 cost I am deciding whether to take the repaired laptop back and put it on ebay or escalate it at further cost with the claim. I think a reasonable time is subjective and having made my idea of a reasonable time perfectly clear and they confirmed this to me, surely that timespan is entered in the implied terms of the contract? As they breached that again I don't see how they can defend my reasonable request for a refund. If any legal expert could please offer some advice I would be most grateful indeed.
  8. Hi, I purchased a laptop from Currys then 29 days later powered it on to find the screen didnt come on. I went back into store to get refund/repair. I made it perfectly clear I would only take repair if it could be done within 10 days as thats when I absolutely required the laptop for; the "know how" staff assured me it would more likely be 7 days but definitely within 10, so i left my laptop with them for repair. 7 days later I phoned to find they had not begun to repair it, they were very apologetic and assured me it would be escalated to a senior engineer to be repaired and sent back to store within the 10 days. On the 10th day I called to find there "no notes on the system" about what had been promised and that they have 30 days to repair the laptop. I requested a refund and they refused. I was passed to a supervisor who informed me they would not refund me and would only offer to repair as I must request a refund within 28 days of purchase, otherwise I am only entitled to a repair. I informed then I had not used it at all within that 28 days and they could verify this as it would still boot with the "initial setup" process you must complete on new laptops. I have lodged a moneyclaim for the refund and they have responded that they will defend the claim. Please could you advise if this is worth pursuing for my refund or is the law not on my side here? Any advice is much appreciated. Best Regards
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