Consumer Rights Act...
 

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[Closed] Consumer Rights Act Question

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We bought a Surface Pro from PC World, it has developed a screen fault after 3 months of use. Returned to PC World who initially agreed to repair it but I got a call today telling me that they cannot send it to Microsoft, I have to do this direct via some website.

My understanding is that under the Consumer Rights Act it is their responsibility to either repair or refund. I think they are trying to pull a fast one, am I right?


 
Posted : 21/12/2015 4:54 pm
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Yes.

Your contract is with PC World, no-one else. If it has to go through some website or other, that's their responsibility to do that. They also have to repair it without "significant inconvenience" to yourself, so if it's going to be sent away, I'd be asking how long for. If that's unreasonable they have to replace / refund it.

TBH, I'd be pushing for a replacement personally.


 
Posted : 21/12/2015 5:02 pm
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Unless the law changed without me noticing its The Sale Of Goods Act.
Edit
Who looks stupid now http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted


 
Posted : 21/12/2015 7:59 pm
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The Consumer Rights Act replaced the Sale of Goods Act on 1st October 2015 I believe


 
Posted : 21/12/2015 8:02 pm
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It did. Combines SoGA and Distance Selling Regs.


 
Posted : 21/12/2015 8:04 pm
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My only credit is I genuinely found that out for myself before seeing your polite corrections.


 
Posted : 21/12/2015 8:06 pm
 m0rk
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Did it crack on the top right corner under the (overheating) processor?

That's where mine, and a few others from work went


 
Posted : 21/12/2015 8:08 pm
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Well, I am just back from a 1.5 hour meeting in PC World where the assistants could not comprehend the retailer/customer relationship. They insisted that I had to claim under Microsoft's hardware warranty and create some sort of online account. They even googled and read the act while I was there and then came up with this:-

Them: "The act does not count as the goods were not faulty when you opened the box"

Me: "They were faulty, the fault did not show itself until 40 days"

Them: "How could we know this? We are not able to open the boxes and test them so it is Microsoft who you should be dealing with"

We went round and round in circles, they tried to get me to register on their store PC. I refused as it might have been hacked ...my "Look what happened to Gary Glitter" comment did not go down well.

In the end I walked round the corner to Currys. Spoke to the store manager who accepted it and sent it off within 5 minutes. Think I am off the Xmas card list of PC World Swindon this year.


 
Posted : 21/12/2015 8:54 pm
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Stood my ground with a macbook pro that kept freezing. They even rang apple whilst I was in the store. Apple lady confirmed as cougar says above (incidentally I think cougar put the same advice on my post about said computer) that the contract is with the store and not apple.
I can only liken it to buying a Mondeo from a garage and the garage then saying oh no you need to speak to ford about any problems.


 
Posted : 21/12/2015 9:14 pm
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I had a similar issue with a faulty Fossil watch bought from a national high street jeweller. The store manager was clueless about SoGA as it was then.

The shop took the watch in 'to be sent to Fossil', I then wrote a strongly worded letter to the national HQ and got a refund that way, refusing to take the watch back.

OP, I would have asked if there was an adult member of staff was around in PC World and if not please could the call one. Lodge a complaint if you can bothered as it will just happen to someone else unless there is some retraining


 
Posted : 21/12/2015 9:50 pm
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And his is precisely the reason why Pc world will never ever have another penny of my money. I will gladly pay more to not go there. They are the most useless shower I've ever had the misfortune to have dealings with. And I've tried to buy stuff from Dave Hinde!


 
Posted : 21/12/2015 9:59 pm
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PC world / Currys group regularly get poor ratings from Which? regarding the staff's understand of SoGA and they don't seem to improve at all.

My local branch is terrible the staff don't have a clue about any of the things they sell. They could all be replaced by self service terminals. Haven't put in a foot in there for ages.


 
Posted : 22/12/2015 12:16 am
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Me: "They were faulty, the fault did not show itself until 40 days"

Them: "How could we know this?

Irrelevant, the burden of proof lies with them to prove it's wasn't faulty.

I can only liken it to buying a Mondeo from a garage and the garage then saying oh no you need to speak to ford about any problems.

There are situations where it's quicker / simpler to deal direct. The point is, they can't waive responsibility and insist on it, it's simply an option as a consumer.


 
Posted : 22/12/2015 12:21 am
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they tried to get me to register on their store PC. I refused as it might have been hacked ...my "Look what happened to Gary Glitter" comment did not go down well.

... brilliant. Good work.


 
Posted : 22/12/2015 12:22 am
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The more I think about this the more I wonder if it is a high level conspiracy in PC World. It seems as if the Surface has had a lot of problems and so maybe they are trying to cut the costs of returns by forcing consumers down the manufacturer's warranty avenue. Ranty letters posted to head office and the store manager might forward to Watchdog as well.


 
Posted : 22/12/2015 12:38 am
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[quote=DavidB ]The more I think about this the more I wonder if it is a high level conspiracy in PC World. It seems as if the Surface has had a lot of problems and so maybe they are trying to cut the costs of returns by forcing consumers down the manufacturer's warranty avenue.

I'm not sure it's anything specific to the Surface Pro, though I strongly suspect that it is corporate policy not to train staff on the [s]SOGA[/s] CRA and for those at a level where they are aware of it to deny all responsibility and try and fob you off on the manufacturer's warranty. I've seen too many similar stories for it to be a coincidence.

The main reason I'd never buy something like a laptop which has a likelihood of going wrong from there.


 
Posted : 22/12/2015 12:49 am
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TBH, PC world are useless enough that I'd have second thoughts about buying a ream of printer paper from them in case it was faulty......


 
Posted : 22/12/2015 8:05 am
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You are right, as others have said.

However, if you'd asked here first I'd have suggested that you use Microsoft's service despite the small faff of registering. I had a minor, intermittent fault with a Surface Pro 3 and they arranged an overnight replacement of a brand new device with no argument. On the phone for less than 10 minutes.

Put the old one in the box the new one was sent in and call UPS to collect (goes on Microsoft's account). Or drop off at local UPS collection point.

You get 30 days to send the old one back (they take a credit card number to stop you keeping both).


 
Posted : 22/12/2015 9:49 am
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PC World are hopeless.

I had similar problem with a netbook a couple of years ago.

The staff are completely clueless and quite aggressive.

They sent the netbook of for repair and 3 weeks later I got a phone call and voice message stating that it couldn't be repaired and go to the store for a refund. Unfortunately "pressed 3" out of habit and deleted the voice mail.

I was then basically accused of lying about the message and their call centre denied the call was made!

I eventually got a refund. Never again will I buy off them.


 
Posted : 22/12/2015 9:56 am

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