barracad v PC World

[barracad]

A couple of months ago I purchased a laptop from PC World. (I know, I know but it was cheap and I needed it fairly quickly!)

 

Since I have bought it, it's pretty much started falling to pieces. One of the mousepad buttons has broke, the latch to keep it closed has got stuck so it won't close, and the mousepad has lost sensitivity so it doesn't recognise when you 'tap' it.

 

So on Bank Holiday Monday I decided to take it back to PC World as I have had enough of it. First person I spoke to had never heard of the Sale of Goods Act, so eventually spoke to the "Duty Manager" and explained to him that the laptop was neither fit for the purpose, nor of reasonable quality, and that I wished to rescind the contract.

 

To cut a long story short, the "Duty Manager" asked me if I'd purchased the extended warranty (the laptop is less than 3 months old!) and then started talking about repair. I explained I didn't want it repairing - the quality is very poor, and if it's falling to pieces after a couple of months what would it be like in 12 months time! I explained I wanted a replacement or a refund but we went round in circles - all he could do apparently was to give me a premium rate number to ring so they could repeat what he'd already said, and then they'd pick it up and leave me without a laptop for god knows how long while they repair it.

 

In the circumstances I did not feel that was acceptable. After travelling 19 miles to return it, I'm not going to mess around ringing premium rate numbers, so I advised I would put the complaint in writing and asked for the relevant address.

 

Preliminary letter sent on 20th August giving them 14 days to agree to a refund or replacement.

 

Received a "sod off" letter on 19th August from PC World telling me to ring "the tech guys" on a premium rate number to get it repaired.

 

No chance.

 

These guys really are jokers - here is an extract from their response:

 

On investigating the issue I can find no record of any previous hardware repairs being carried out to the unit. This being the case, and with the age of the computer I cannot accept your claim for a refund of the purchase price.

 

The age of the computer? It's less than 3 months old!!!

[blacksheep1979]

I belive you can only ask for a full refund within 28days (may be less) after that period if there is a fault then you have to give them a chance to repair the item. Best bet is to let them try to repair it and claim its unsatisfactory - and tbh from what you've described they would most likely have to replace so much as to not be economically viable.

[barracad]

I have no problems with that but I'm not ringing a premium rate number to arrange repair. They wouldn't sort it out in store just advised me to contact a premium rate number to arrange repair.

 

And the 28 day thing is just PC World's policy - remember it's less than 3 months old and they are doing absolutely nothing to help.

[livelylad]

hi what about asking the store to ring the number for you?

[barracad]

You obviously haven't met Iain the "Duty Manager" ;-)

 

He wasn't willing to do anything just kept pushing the laptop at me and telling me to ring the number. I suggested I leave it with them or somebody contacts me, he was having none of it. When I travelled to the store I did go with the intention of getting it resolved without all this but they wouldn't budge.

[livelylad]

See no evil eh? typical. What is your next move then? Perhaps the media?

[barracad]

LBA next, hopefully this should make them do something, but if not it will have to be small claims. I hope they just sort it out though as I could really do with the laptop!

[livelylad]

i feel sorry for Iain he really doesnt know the power of the Mod! Happy hunting:cool:

 

Ignore that. Let him have it.

[Guest Niklowe]

Try 0800 0565732. Got the number from

saynoto0870

[tom3131]

Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out......

 

Or tell Iain where your gonna be stuffing the laptop should he like to mess you around ?

[Guest Zooman]

Now you know how I felt they just will not budge under any circumstances, it also took a legal threat to sort mine out. Even then they delayed, but I got it in the end without the need for court. I posted on there about it same as you Barra not because I did not know the law but because of the frustration I felt. And the CS where just as hard work as the store, I put mine on counter and just walked out and left it, they ran after me but I just drove off, then I sent my legal threat I only give them 14 days full stop they do not need 28 days.

[Guest Niklowe]

I had a similar case for my son's laptop. It took 93 E-mails, but by quoting the sale of goods act and reporting them to trading standards I evntually achieved satisfaction. The probem in many cases is that they are not trained in the law related to the sale of goods act.

 

Also i managed to build up a good database of E - mail addresses for the company. They got fed up with 30 people getting the E- mails! (Repeated when they failed to answer!)

[tom3131]

And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals and then post them all on an open forum for spammers to get hold of....

 

Then they'll get the message .

 

(BTW "DONT" DO ALL THAT!! )

 

Tom

[blacksheep1979]

And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals and then post them all on an open forum for spammers to get hold of....

 

Then they'll get the message .

 

(BTW "DONT" DO ALL THAT!! )

 

Tom

 

won't really matter doing all that as their content/spam filter will block that - unless they're using norton like they suggest

[barracad]

Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out......

 

Believe me I tried all that. On Bank Holiday Monday too when it was packed. And that isn't the reason I went then it was just the first opportunity I had. The "Duty Manager" just kept pushing the laptop back at me and telling me to ring the premium rate number. Didn't think of just leaving it there like Zooman did!

[blacksheep1979]

And the 28 day thing is just PC World's policy - remember it's less than 3 months old and they are doing absolutely nothing to help.

whilst 28 days may be PCW policy you are only entitled to an automatic refund within a 'reasonable' period of time - that is a time that it could reasonably be construed that the item was faulty at purchase and therefore not fit for the purpose. If you just dump the laptop on them they could say that you never tried to get it repaired threw a strop and dumped the laptop on them. 3 months will definatley be outside a 'reasonable' period of time to expect you to return a product that was fautly from day one. You're going to have to go through the hell that is their repairs I'm afraid, but as said before from what you've said you'll probably end up with a new laptop. Just out of curiosity what make/model was it?

[barracad]

It's an 'EI Systems' - I'll have to look up which model.

 

The laptop wasn't obviously faulty on day one - but I don't think it's acceptable that so many faults have been developed in less than 3 months. That to me suggests there was something wrong with it on day one, although not obvious at the time.

 

And I know I'm biased but I think within 3 months is a 'reasonable time' to return the item

 

Just to clarify, when I took it in to the store if they had offered to repair it either by me leaving it there or somebody contacting me to arrange it then that would have been fine - I even suggested both of these options to their "Duty Manager" but the only thing he was interested in was getting me to go away and ring a premium rate number. I refuse to do this as a matter of principle.

[blacksheep1979]

I know - am currently jumping hoops for a replacement hd (am not complaining too much - was off ebay) you should be able to leave it in store, would probably be easier for pcw to have collection/drop off points there as it would save them money on collections/deliveries. Did the saynoto0870 no. work?

[barracad]

you should be able to leave it in store, would probably be easier for pcw to have collection/drop off points there as it would save them money on collections/deliveries.

 

Well it certainly wouldn't have cost them any extra, so I don't know why they didn't agree to my request.

 

Did the saynoto0870 no. work?

 

Haven't had chance to try it yet (although that's me being presumptious assuming they aren't available in the evening!)

 

Besides, sending LBA tomorow so will see what the reply from that is.

[tom3131]

Just to clarify a point:

 

Q: Can I claim a refund after 14/28/90 days?

 

A: There is NO set time limit in statute or case/common law. The law does state however that the consumer is entitled to a refund if he returns the goods before he has accepted them.

 

 

Q: What do you mean by "accepted the goods"?

 

A: A consumer accepts the goods when he keeps them for a reasonable amount of time without informing the seller that there is a fault/error in description etc.

 

 

Q: When I bought my goods the seller made me sign a slip saying I accept the goods and am no longer entitled to a refund or something along those lines. Where do I stand?

 

A: That contract does not in any way affect your consumer law rights. The contract isnt worth the paper its written on.

 

 

Q: Do you know of any examples on what the courts judge to be a "reasonable amount of time" in the consumer law context?

 

A: Yes, A gentleman who purchased a car reported a fault 3 weeks later, and demanded a refund. The court ruled that in that specific case, 3 weeks was more than a reasonable amount of time and that the claimant was only entitiled to the cost of a repair, not a full refund.

 

 

Thanks.

Tom3131

[barracad]

LBA sent yesterday let's see what they do next.

[Bookworm]

Ignore you again?

[barracad]

I imagine they'll tell me to ring that premium rate number to sort out a repair.

 

Or they could do the decent thing and either send me a cheque for the full amount, or at least get someone to contact me to arrange the repair. But I doubt it.

[barracad]

Well... another letter received and guess what they say...

 

Ring the premium rate number to arrange repair!! They obviously don't read the letters before replying to them.

 

They then go on to state that if I don't want to ring the premium rate number then I should take the laptop back to the store who will sort it all out for me. Hang on a minute, isn't that what I did in the first place, hence me writing to them?!

 

I've given them my phone number to ring me if they want me to arrange a repair with somebody as I am not ringing their premium rate number - if they can't be bothered to ring me then why should I be bothered to drive another 19 miles just to argue with their "Duty Manager" again? Been there, done that... which they would know had they bothered to read my letters.

 

They don't want to play ball so looks like I'll have to take this one all the way.

[Bookworm]

woo-woo-woo! GO, Barra, GO!

 

Barra kicks a***, yeah.