Computer Act!ve - UK (2022-05-11)

Consumeractive

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CASE

14

CASE UPDATE

CASE ONGOING CASE ONGOING

11 – 24 May 2022 • Issue 631

Currys scraps laptop after reader doesn’t collect

When a retailer scraps

your laptop, it’s a

sure sign that it no

longer feels it has any

responsibility for the device. That’s

what Currys did last October, after

reader Julian Rota didn’t visit a store

to collect the machine.

Julian didn’t know Currys had already

scrapped his laptop when we published his

case in Issue 620. He contacted us because

the retailer was refusing to give him a refund

for his HP laptop,

even though the

manufacturer had

confirmed that

the device was

inherently faulty

and beyond repair.

Currys’

justification for not helping was that the

laptop’s one-year warranty had expired,

but this was irrelevant because the device

was clearly faulty and therefore Julian was

entitled to a refund under the Consumer

Rights Act (CRA). He had already sent the

laptop to HP twice for repair before sending

it to Currys as a last resort.

Julian was so fed up by this point that

he didn’t respond to Currys’ requests to

collect the laptop, which is why the retailer

scrapped it. He now has to consider whether

to take the retailer to the small claims court,

claiming it broke the CRA by fixating on the

warranty, rather than his rights under the

law. We’ll let you know if he takes this route.

Why won’t

Norton seller

refund me?

Q

I bought Norton 360 Deluxe

for £13.99 in March from a

third-party seller (not the

Computeractive Software Store), but I

don’t like it. When I applied for a refund

under Norton’s 60-day trial offer, the

seller refused. I contacted Norton, but the

company said it wasn’t responsible

because I hadn’t bought the item from it

directly. Can you help me get my refund?

Jim Fraser

A

We’ll try, but first we need to

know more about the 60-day

trial. If the seller is promoting

this with the product but isn’t prepared

to honour it – and knows Norton won’t

either – it has breached the Unfair

Trading Regulations.

We can see why Jim would be tempted

by the offer. It’s much more generous

than the Consumer Contract Regulations,

which give you 14 days to reject software,

and then only if you haven’t used it.

Jim’s contract is with the seller, so we’ll

contact it first and ask whether Norton’s

60-day offer is invalid when the software

is bought through a third-party retailer. If

so, we’ll say it shouldn’t be promoting

this as part of the deal.

Q

We bought an

Amaze demister

bathroom cabinet

online from Tesco Direct

in 2016 for £249.99. It has

since developed a fault, but

Tesco won’t authorise a

replacement or even a

partial refund. Should I

contest this?

Andy Flounders

A

Andy could contest

it, but we think he’d

find it hard to win

his case. First, he needs to establish

whether more than six years have passed

since purchase. He bought the cabinet in

2016, so the period for a refund, repair or

replacement expires some time this year.

Even if he’s still within the period,

Andy should remember that the

Consumer Rights Act (CRA) allows “up

to” six years in England, Wales and

Northern Ireland (five in Scotland). That

“up to” is an important caveat. For

example, a retailer may argue that some

products can’t reasonably be expected to

Can I get a refund

up to six years after

purchase?

last that long, and

therefore will consider

redress only for

shorter periods.

There’s another hurdle

for Andy to overcome: he

would need to prove that

the fault is inherent, and

hasn’t been caused by

accidental damage or fair

wear and tear. Even if a

technician finds a fault,

Andy’s refund is likely to

be a fraction of what he

paid for the cabinet,

because Tesco can deduct money to

reflect how long he has used it.

There is a glimmer of hope. Andy could

use the 10-year warranty offered by

Bath-based manufacturer Illuminated

Mirrors (www.illuminated-mirrors.uk.

com), although he hasn’t been able to

get hold of the company. We’ll try to

contact the company, too, and will ask

whether he’s covered under the warranty.

If so, Illuminated Mirrors is legally

obligated to help, as stated in its terms

and conditions.