Faulty product outside of warranty

runswithascript

We have a laptop we bought from PC World September 2014 and the warranty is for 1 year. Within the time frame of the warranty it started randomly shutting itself down, not for updates or anything, the power would turn off immediately like it ran out of battery although that was not the issue.

Within the time frame of the warranty we returned it to PC World, they took it away, and after some weeks returned it to us telling us the issue was now resolved. When we were without the laptop we were using another one, and we kept using that one, only to start using the laptop which was allegedly repaired recently. We discovered the issue is ongoing, and took it back to PC World, where we had some difficulty even getting them to take it from us and examine it.

They contacted us some days later to tell us that they cannot do anything because we are now not covered by the warranty.

I am posting here because I think I remember Dermot Goode, Charlie Weston, or someone similar saying on radio that consumers should never pay for extended warranties, because we are all covered by our consumer rights for several years anyway.

Am I remembering this correctly, is this the case, and if so what action can I take to get PC World to repair the laptop?

ED E

If its not wear and tear its expected to work for a "reasonable time", though nobodys defined whats the expected lifespan of a laptop, a fridge, a toaster...

In general, the seller can offer to repair the item first. This should be a permanent repair and the problem should not reoccur. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can say no - but if you do this, you may have to use the Small Claims process if you want to take the matter further.

Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.

- See more at: http://www.consumerhelp.ie/faulty-goods#1

I've found the Currys group (PC World, Dixons) pretty poor to deal with when a problem crops up. Read up on your rights, go in and be clear with a manager and if they dont play ball you can go to the small claims court without a solicitor and quite quickly recoup your funds.

Curb Your Enthusiasm

They are playing you. Treating you like an idiot. Since the repair did not rectify the issue, you are now entitled to an immediate replacement or refund on the spot. Go back in and explain this clearly to the manager. As ED E said, if he doesn't play ball, spend €25 and bring them to the Small Claim Court. You will win. No doubt.

Currys/PC World/DSG are notorious for doing this stuff.

cerastes

ED E wrote: »

If its not wear and tear its expected to work for a "reasonable time", though nobodys defined whats the expected lifespan of a laptop, a fridge, a toaster...



I've found the Currys group (PC World, Dixons) pretty poor to deal with when a problem crops up. Read up on your rights, go in and be clear with a manager and if they dont play ball you can go to the small claims court without a solicitor and quite quickly recoup your funds.

They tried to give me a, you need to go to the manufacturer reply before.
I think as they sell extended warranty they might be less inclined to help, regardless of what they are inclined to though, press it home with them, especially as you had it looked at before the years warranty I think gives you more standing.
Even if you hadn't, most things are expected to last more than just a year and you could still have pressed it with them or take a case in the small claims, mention that to them.
As it is, you have good enough grounds to press them or take a claim with small claims case.

theteal

Forget about the warranty. A warranty is merely a marketing tool. Your consumer rights should be your focal point.

1. A repair should be permanent
2. An undamaged product should last a reasonable amount of time

Neither of these are happening here. Your problem here is that the shop are bound by company policy dictated from HO. These return policies are designed to fob unaware people off. In my experience a lot of retail managers don't know and don't care about the intricacies of Irish consumer law so you may be better off skipping that step or the chain and go directly to HO (if only Declan was still in charge, he really helped me out in the past).

Anyway, I'd send a registered letter to their HO, clearly stating your issue, detail their contravention of your consumer rights and request one of the 3 Rs that your entitled to. Let them know that your next step is the Small Claims Court if the issue is not resolved to your satisfaction. Give them 10 working days to respond and be ready to open a SCC case, it only costs €25 iirc. I'd be surprised if that doesn't resolve the issue for you without having to actually go to court.

whomitconcerns

Just curious, the repair was done in August '15 or so according to the OP, the problem has resurfaced now in April '16, 8 months later. I think the shop would be entitled to think the last repair was successful and this is a separate issue, surely?

theteal

whomitconcerns wrote: »

Just curious, the repair was done in August '15 or so according to the OP, the problem has resurfaced now in April '16, 8 months later. I think the shop would be entitled to think the last repair was successful and this is a separate issue, surely?

The shop is entitled to check the unit. If it's the same fault, the repair wasn't permanent. I'm assuming they're not even willing to check it for the OP as it's "out of warranty".

runswithascript

Thank you for all of the replies.

Just to be clear, when they allegedly repaired the laptop, we did test it for a few hours, but it was then put away safely as we kept using the laptop we used while the PC World one was in for repair.

We assumed the repair was complete, but it is only since we started using it again normally recently we discovered it was never fixed, the issue is ongoing.

Do we wish we tested it more throroughly when it was first returned to us? Yes.

Does the fault it is still not working properly then lay with us or PC World for not repairing it properly in the first place? We believe the latter.

Michelle_b

Would this not fall under sale of goods and associated guarantees directive 99/44/EC ... Seller liable for any fault in the goods that appear within 2 years

theteal

Michelle_b wrote: »

Would this not fall under sale of goods and associated guarantees directive 99/44/EC ... Seller liable for any fault in the goods that appear within 2 years

The EU directive is ignored in Ireland as our own Act offers more protection for consumers

runswithascript

theteal wrote: »

The EU directive is ignored in Ireland as our own Act offers more protection for consumers

Thank you for that link. I tried looking at various sections of the document which seemed like they may be familiar, and searching it for the word faulty, but I cannot see where it explicitly mentions my protections relevant to our situation. Can you please shine a light on this for me? I am sure this would be useful to have with me if I go back into PC World and/or quote in a letter to their HQ.