Acer poor service and lost laptop ***Resolved***

[SirHumpy]

Quote

Quick history, brought laptop from JD Williams Group Catalogue in May 21. In late Oct it developed an issue and I arranged to return it for warranty repair with Acer, who they referred me to. They found fault with battery and replaced battery and returned. Straight away problem returned so sent back start of Nov (same day receiving back). Acer then claimed I had sent a non Acer charger and this was now the issue (not mentioned on first repair, and I’d packed everything I had got back from them). We then went through weeks of me demanding the laptop back, for which they wanted me to pay either £60 for new charger or £50 just to send laptop back. During this time they didn’t reply to calls or emails, breaking several promises along the way. They took over another week to advise me the laptop had been lost. 

 

Quick history,

brought laptop from JD Williams Group Catalogue in May 21. In late Oct it developed an issue and I arranged to return it for warranty repair with Acer, who they referred me to.

 

They found fault with battery and replaced battery and returned.

Straight away problem returned so sent back start of Nov (same day receiving back).

 

Acer then claimed I had sent a non Acer charger and this was now the issue (not mentioned on first repair, and I’d packed everything I had got back from them).

 

We then went through weeks of me demanding the laptop back, for which they wanted me to pay either £60 for new charger or £50 just to send laptop back.

During this time they didn’t reply to calls or emails, breaking several promises along the way.

 

They took over another week to advise me the laptop had been lost. 

Now this brings us up to date.

Due to a fire my laptop has been destroyed/lost. They have proposed to replace the laptop with a similar model/spec.

Although a similar spec it is around £100 cheaper than my model on websites(my model is no longer sold). 

 

I asked them to make me an offer that recognised the poor customer care (having my laptop for nearly 3 months in total, and nearly two months on the final occasion) and the fact if they had resolved the issue concerning the charger in a timely fashion my laptop wouldn’t have been lost in the first place. 
 

Where do I stand?

 

They claim they have spoken with trading standards.

Can I just request my purchase price back? Or I am in a good position considering the circumstances to request (due to poor service, not the fire) they replace with a model of my choice? 

thanks in advance 

 

Edited December 14, 2021 by BankFodder
Restructured in order to make it readable

[BankFodder]

What was the cost of your laptop when you bought it?

What make and model was it?

Did it contain any data?

Did you suffer any other losses such as the cost of returning it?

I understand that you have been without a laptop since May and that the current situation has been going on since the late October.

You haven't indicated whether it was correct that you return it with a non-standard charger.

Also, you have been with us for for a long time and I don't understand why you submitted to a warranty repair in October when you were still within your six months and could have asserted your rights under the consumer rights act.

[SirHumpy]

Thanks for the reply. 
laptop was £750 when purchased. 
Model is: A715-75G-59TU

 

It didn’t contain data as I’d backed up before sending and removed anything sensitive or of worth. The returns info requested this. 
 

No loses as return was free so far. 
 

Fault occurred around September and was first returned in October. 
 

I only had the charger supplied initially in the home. I have a work laptop but that is a Dell and totally a different charger. When the first repair was returned I noted the charger looked slightly different but put this down to part of the repair. I mentioned this to them when they made the claim. 
 

When I called the retailer they advised to send for repair. Should or could I have taken another option? Would that still be open to me now? 

[BankFodder]

Do you have evidence that you drew their attention to a different charger after the initial return?

If you had asserted your six-month right to reject under the consumer rights act then you could have given them a single opportunity to repair and failing which claim a full refund.
Unfortunately you are now outside the six-month window and so you have lost the opportunity. It's a shame because it was unnecessary.

You had five months use from it so strictly speaking, you would be entitled to a refund of the purchase price less a proportion representing five months of the expected life of the laptop. You would have to do research to find out what that expected life might be.

I don't think they are entitled to offer you a lower priced laptop even if it is equivalent spec – because we aren't talking here about a laptop which has failed to wear and tear, we are apparently talking about a laptop which has been destroyed in a fire which must have been as a result of their negligence.

I think it would be reasonable to start claiming the full purchase price of the laptop and maybe be prepared to give up a small part of the value – say 50 quid.

Are you really saying that being without the laptop for getting on for two months has posed no inconvenience or no loss?

[SirHumpy]

Hi, only when they came back to me with the claim. The repair sheet confirmed they had replaced the battery. 
 

I will email back with a laptop I am willing to accept, or request a refund. 
 

I have experienced inconvenience of not having a laptop as I used it to keep in touch with relatives during Covid. I’m not sure how I could quantify a loss for inconvenience? 
 

many thanks for help. 

[BankFodder]

If the equivalent laptop which they are offering you is new then the most straightforward solution might be to accept it. However if it is used or even refurbished then I would say definitely no.

If you are going to accept their offer then I would stipulate this in writing

[Kyosanto]

This one?

Aspire 7 A715-75G

WWW.ACER.COM

---

The understated design of this laptop hides a powerful processor and graphics which will help users get the most of the 15.6” screen with large screen-to-body ratio. As you’d expect from a laptop of this caliber it also...

 

 

What is the one they are offering you in exchange? Even if it's cheaper it might actually be better.

[SirHumpy]

Thanks I replied rejecting their offer. 
 

I made two alternate resolution offers:

 

1 - replacement of my choice to a set value from their website. 
 

2 - refund the purchase price. Referring to the consumer act and that it is not my fault I can no longer rely on these protections as they lost my laptop. 
 

Both offers were made clear that resolution is the overall case, not just the missing laptop. I.e missing software and inconvenience. 
 

I also pointed out that if they can’t agree to one of my resolutions, made in good faith I would have to seek resolution via small claims reserving the right to add costs et.  

 

I finished by asking them to supply their contact for SAR requests under the GDPR. As there will be much here in relation to previous contacts etc, and my laptop would not have been lost if they didn’t ghost me for 2-3 weeks. 
 

thanks for help. Will update when they come back. 

[SirHumpy]

8 minutes ago, Kyosanto said:

This one?

Aspire 7 A715-75G

WWW.ACER.COM

---

The understated design of this laptop hides a powerful processor and graphics which will help users get the most of the 15.6” screen with large screen-to-body ratio. As you’d expect from a laptop of this caliber it also...

 

 

What is the one they are offering you in exchange? Even if it's cheaper it might actually be better.

That’s the original one. The one they offered beats it in some areas, but lacks in others. 
 

To be honest at this point I’m happier to walk away with a refund after service received on this issue. 

[BankFodder]

I don't see why you are asking them for details of their contact point for SARs. You don't need any of it. You simply make an SAR request and send it to their address. They are then under an obligation to make sure it gets to the right place.

Every time you ask for something like this and you have to wait, all you're doing is ceding control. If that is what you like doing then you are doing it pretty well

 

[SirHumpy]

Result. Full refund. 
Have agreement in writing.

[BankFodder]

Well done – and thank you very much for letting us know.