Consumeractive
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LEAD
CASE
14
CASE UPDATE
CASE ONGOING CASE CLOSED
8 – 21 June 2022 • Issue 633
Dell blames reader for spilling liquid on laptop
Paying £150 to fix a
laptop-tablet isn’t a great
resolution, but it’s better
than the £799 (plus VAT)
Dell originally wanted to charge reader
David Burt. As we explained in Issue 626, he
had waited several weeks for Dell to collect
the device. The company finally picked it up
following our customary nudge.
Dell justified its initial bill by claiming David
broke the device by spilling liquid on it, and
such accidental damage isn’t covered by the
warranty. David has no recollection
of doing so, but felt he couldn’t
prove otherwise. So, reluctantly, he
returned the device to a local repair
shop which fixed it for £150.
However, we’re not convinced by Dell’s
theory. We’ve asked David whether
the repair shop could suggest another
explanation for the problem because, if it
suspects an inherent fault, he might be able
to get a refund for the £150 he paid.
There’s a complication, though. David
asked a friend to buy the laptop for him, but
can’t remember how he paid. He might have
made the cheque payable to Dell and asked
his friend to give it to the company. Or he
might have written the cheque to his friend,
who then paid Dell from his own account. If
the latter, then his friend will have to ask for
a refund because he (not David) formed a
contract with the company.
So, we’ll close the case for now, but will
be happy to reopen it should David find
evidence of payment.
Can Currys refuse
a voucher?
Q
After buying a gas cooker from
Currys that didn’t work, we
received a voucher for £519.56.
However, we used only part of this, and
at the time Currys agreed we had £124.
left. But when we tried to use it, Currys
said it was invalid. Currys then agreed to
reissue a voucher for this amount, but
haven’t done so. Can you help?
Michael Clements
A
We were confident of being able
to help, and so it proved. We
explained the problem to Currys,
which sent a replacement voucher for
Michael to spend.
The reason Currys thought the voucher
was invalid is that the expiry date had
passed. It’s perfectly legal for retailers to
add these deadlines, but Currys should
have explained to Michael that he had a
limited time to spend the voucher.
However, Michael shouldn’t have had
to accept a voucher in the first place. If
inherently faulty goods can’t be repaired
or replaced, you’re entitled to a cash refund.
The only time retailers can offer a voucher
is if you’re returning items bought in
store simply because you’ve changed your
mind. Remember though that in such
cases retailers don’t actually have to give
you anything.
Q
An Epson
EcoTank ET 2750
printer (pictured)
I bought from Currys in
February 2019 stopped
working four months later.
After discussions with
Currys the printer was
returned to Epson, but the
one I was given back wasn’t
even the same model.
Currys refused to help, so I
took my case to the small
claims court and won. But I
feel short-changed by the verdict.
Can I do anything?
Stan Lawrence
A
When Stan first contacted us in
February, the case was still being
considered by the court, so
neither we nor Currys could comment.
But it’s now been ruled on, and Stan has
received a refund with around £50 being
taken off the original £199 price to reflect
the usage he got from the printer.
We find it odd that money was taken
off the refund because usually this isn’t
allowed if a product stops working within
six months of purchase. After this, the
Can I challenge a
small claims verdict?
amount deducted depends on how much
usage the customer got from the product,
in the eyes of the court.
Stan made a formal complaint about
the judge, but he did so before the ruling,
so it can’t be considered an official
appeal. It may now be too late anyway,
because appeals have to be made within
21 days of the verdict. To be successful,
he’d need to either identify irregularities
in the proceedings or argue that an error
in law has been made.
We’ve also contacted Currys again.
Legally it can argue the case is closed, but
we’ll say that under the circumstances a
partial refund is unfair.