UKC

Shop not giving refund for laptop delivered with crack in it

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 elliot.baker 17 May 2024

I bought a used/refurbished laptop from an online shop that should have had no more than cosmetic blemishes on it, but it had a crack through the palm rest above the keyboard when I received it. No damage to the outside of the laptop, screen, hinge or keyboard.

The box it was delivered in was immaculate and it was extremely well packaged, so I don't think it was damaged in transit.

I took a photo of it immediately, and have returned it to a store but they keep telling me they need to do an investigation before they can refund me, and it could take weeks. They say the store that posted it has photo evidence it wasn't damaged when it was posted, so they need to do a claim with Royal Mail.

I've checked the consumer rights act and it says that (whether a product is brand new or used) if it is delivered with unsatisfactory quality (i.e. broken) then it is the retailers responsibility to refund me within 14 days. I've said this to their customer service and they keep saying no that doesn't apply because it's damaged not "unwanted" and they need to do an investigation and claim with Royal Mail.

It's only been 2 days but I'm nervous that they are pushing back like this in-case they try to say I broke it (which I 100% didn't but can't prove obviously, unless I video the entire process of the postman delivering it and me unboxing it!). I'm also annoyed that I've shelled out for an expensive (to me) laptop and now have no laptop and no money, and that they seem to not understand their responsibilities under the consumer rights act. 

I've told them I'll be doing a section 75 claim on the credit card after 14 days and they just keep telling me to be patient with their investigation... (patience is not one of my virtues unfortunately, especially when someone's got a grand of my money!)

Any thoughts...? Other than "be patient"!

 magma 17 May 2024
In reply to elliot.baker:

epoxy resin? (i wouldn't bother with all the faff)

12
OP elliot.baker 17 May 2024
In reply to magma:

The thought crossed my mind of keeping it because I really wanted that exact model and there aren't many of them available second hand but:

(a) if it's damaged on the outside I don't know what that means for the insides

(b) I've over-paid for it because I paid for a non-damaged laptop not a cracked laptop (the shop refused to give a partial refund and me keep it because "they don't sell damaged laptops" 🤔😒)

In reply to elliot.baker:

The product you received is not as described. Replacement or refund.

Their 'investigation' is no concern of yours; that's between them and their courier.

 Andypeak 17 May 2024
In reply to elliot.baker:

Exactly what Captain Paranoia said. Companies try this all the time with faulty goods, even when they are brand new. However they do have 14 days to refund you so there isn't much you can do until this time period expires. 

OP elliot.baker 17 May 2024
In reply to captain paranoia:

1 million percent this 👏 glad you said that because that's what I've been saying to them. They've just come back to me and said their investigation with Royal Mail could take up to 30 days so I've just said on day 14 I'll start a section 75 claim with the credit card company.

They have ignored my requests to send me the photos of the laptop before it was packed which apparently show it was undamaged.

 1poundSOCKS 17 May 2024
In reply to elliot.baker:

> Any thoughts...? Other than "be patient"!

I've had this bullsh!t from companies so many times and always write a letter (send recorded delivery). Explain you know your rights and are prepared to look at small claims court if you don't get a refund. I only got push back once (Evans Cycles), so I filed small claims. They immediately folded and I a full refund plus my fee for the small claims filing.

They rely on people not thinking it's worth the hassle. I prefer sticking up for myself.

 CantClimbTom 17 May 2024
In reply to elliot.baker:

If they don't make it right in 14 days, please let us know the online shop in case it affects our thoughts on using them. 

In reply to elliot.baker:

Re 75 claim personally I wouldn’t bother rushing into that. It can take a long time. The CC company would normally wait, or used to, until the retailer deals with it first, and only if they refuse, or you are unhappy with the outcome, would they start their investigations. Used to take them up to 6-9 mths to conclude. They wouldn’t accept/start to deal with a S75 claim after just 14 days under normal circumstances.

What you could (should?, well I would) do though as a safety net or if you think the retailer will not refund/etc, is notify the CC company of the receipt of faulty goods bought using their card. Just be factual* and relaxed as if you phone pushing them they may well get suspicious. Ask for their advice on how to handle the retailer even - they won’t want a 75 claim being lodged if they can avoid as it costs them money! Some CC companies may put the transition on a temporary hold. I’ve had that. 

* “ so I don't think it was damaged in transit.” You shouldn’t say anything like that for example; just stick to facts. 

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OP elliot.baker 17 May 2024
In reply to Climbing Pieman:

ah I didn't know this I haven't done one before. The only time I've claimed back anything was something that didn't come and once we got charged twice, that was on an Amex card and it was refunded to the card immediately without any kind of investigation - but I don't think that was a S75. Also this is slightly complicated by the fact half of the transaction is on one CC (not Amex this time) and the other half is gift cards. I know S75 covers you for the full value but it complicates it somewhat I think. If the company just sorted me out reasonably I'd be very happy to just get the refund on the gift cards and buy another laptop from them but so far they're being a nightmare.

In reply to elliot.baker:

If you are going to buy from them “immediately”, consider asking for an account credit instead. May speed up the process as it shows good intent and the retailer still ends up with a sale. 

2
In reply to elliot.baker:

Last time I raised a disputed transaction my card issuer gave me the money back immediately and said they'd take it back again if they found in favour of the retailer. That was the first and last I heard of it.

My advice would be pull the trigger without hesitation on day 15

That said, I've learned my lesson with some computer bits that it is a lot easier to return something as "I changed my mind and don't want it" than to say it's faulty. If you do the latter you have to wait and fanny about while they investigate and argue. If you just return stuff as unwanted it goes much more smoothly.

Post edited at 09:32
 Luke90 18 May 2024
In reply to Climbing Pieman:

> Re 75 claim personally I wouldn’t bother rushing into that. It can take a long time.

All the more reason to start the process, no? My experience of putting in one of those claims was that the company suddenly found it much easier to refund me themselves as soon as it started, so you likely won't need to wait out the full section 75 process.

 felt 18 May 2024
In reply to magma:

> epoxy resin? (i wouldn't bother with all the faff)

That went down well! I gave you a like as I know what you're like and that you'd get along very happily and with zero stress with the crack (assuming no internals were compromised). Function over style, folks/strokes. Isn't it? Marvellous.

In reply to Luke90:

I replied based on my reading of what was stated.

OP stated impatience and desire to buy a scarce model and even from same retailer. It maybe easier to just wait a bit and monitor what the retailer is or is not saying/doing would be my choice not knowing the full story. Nothing seemed to say the retailer was not going to deal with the matter unless I missed that; maybe on a different timescale.

The OP knows there is protection. If a few extra days give an outcome they want then that is, to me, a more satisfactory solution than start a S75 which could take a long time to resolve.

Hope the OP checks it sorted to their satisfaction.

 magma 18 May 2024
In reply to felt:

UKC know their rights alright wonder how much OP has paid for all this hassle? i usu buy mine for <£150. maybe it's an age thing..

Post edited at 13:34
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 wbo2 18 May 2024
In reply to felt:

> That went down well! I gave you a like as I know what you're like and that you'd get along very happily and with zero stress with the crack (assuming no internals were compromised). Function over style, folks/strokes. Isn't it? Marvellous.

It is until the internals are f###ed and your warranty claim is compromised by the evidence of your bodged repair. 

 felt 18 May 2024
In reply to wbo2:

> assuming no internals were compromised

 Luke90 18 May 2024
In reply to felt:

> assuming no internals were compromised

But how would you know for sure that they weren't? 'Make do and mend' is an admirable philosophy as applied to old stuff of your own that has worn out over time. Or even knowingly buying broken or sub-par things to fix them up, avoid the waste and save a bunch of money in the process. But people shouldn't be expected to ignore defects outside what was advertised when spending significant sums of money.

 felt 18 May 2024
In reply to Luke90:

Good points

 wbo2 18 May 2024
In reply to felt: You know what they say about assume ?


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