consumer advice

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  • consumer advice
  • gonzy
    Member

    last september i bought my son a tablet for his birthday (Lenovo S8-50) which has been brilliant but then in august the tablet stopped working. i’d plugged it in to charge and the screen came on then about 5 minutes later it stopped working. would not charge or switch on even though it was on about 20% power. sent it back to curry’s who sent it off to Lenovo under warranty. i was told it would take about 5-10 days but this then became up to 28 days….its now been over 2 months…and every time i chase it up with currys they get told by lenovo that theyre still waiting for parts.
    ive even been in store to chase it up and its always the same…eventually spoke to one of the store managers who said he would chase it up as he also agreed 2 months was taking the piss.
    they got back to me today to tell that lenovo claim that the charge socket has had a cable inserted into it incorrectly and as such they wont repair it under warranty. they did offer to carry out a repair at a cost of £175…the tablet cost £100

    the cable has never been inserted incorrectly and it was switched on and charging when it stopped working

    any advice?

    Premier Icon molgrips
    Subscriber

    Ask for evidence in pictures?

    gonzy
    Member

    i would ask for pictures but that would probably take another 2 months

    legend
    Member

    i bought my son…..

    ……the cable has never been inserted incorrectly

    For clarity here, what sort of age are we talking about here?

    gonzy
    Member

    For clarity here, what sort of age are we talking about here?

    8…but he has never been allowed to use the charger as he was only allowed to use it for 1 hour a day…whenever it needed recharging me or his mum would do it

    lenovo claim that the cable has been inserted the wrong way round…find that hard to believe that the D shaped micro usb cable would fit a D shaped charge socket the other way round

    you would have to really go some to jam a micro USB in the wrong way round… I am pretty cack handed and have not managed yet…

    Rockhopper
    Member

    To be fair I managed to do that to my first Kindle – Currys didn’t notice when I went back to swap it because it wouldn’t charge!

    legend
    Member

    Boys poking things for teh lolz? There is a chance you know……

    You might as well ask to see the damage anyway, and if it turns out that there is damage get it fixed locally

    scud
    Member

    Just go into Currys and ask for their head office address and tell them you’ll be drafting Smalls Claims proceedings using the Court Service online forms that night, they usually become more receptive after that.

    Premier Icon Cougar
    Subscriber

    I think you’re screwed, TBH. At nearly a year old the fault’s burden of proof is on you, and you can’t be sure that what they’re saying is incorrect. There’s too many variables, it’s been in three people’s hands; assuming you know with cast-iron certainty that you haven’t done it, your OH could have, or the lad could’ve stuck a pen top or anything in there.

    I’d be asking for evidence of the damage / more information, or maybe a ‘gesture of goodwill’ discount on a new one from Curry’s given it’s taken over two months to get to this point. Soon be Christmas.

    wordnumb
    Member

    I wouldn’t expect a manufacturer to take 2 months to discover obvious physical damage. You say the device stopped working with 20% power, that’s inconsistent with a damaged usb hole being the cause. But there’s a limit to what you can expect from a £100 tablet.

    gonzy
    Member

    I think you’re screwed, TBH. At nearly a year old the fault’s burden of proof is on you, and you can’t be sure that what they’re saying is incorrect. There’s too many variables, it’s been in three people’s hands; assuming you know with cast-iron certainty that you haven’t done it, your OH could have, or the lad could’ve stuck a pen top or anything in there.

    just to clarify…the tablet was working and had 20% remaining so i plugged the charger in…the charger indicator came on to say it was charging and then after 5 minutes it looked like it was rebooting but then it just stopped working. there was nothing wrong in the way the cable was inserted into the socket.
    we’ve never let our son use the tablet unsupervised so we’re pretty sure he hasnt stuck anything in there to damage it. i would say 90% of the time it was me who would put it on charge…the wife even forgets to put her own phone on charge most of the time…so i end up doing it for her…and i know 100% that i’ve never inserted the cable in wrongly
    but i know what you mean…but as far as im concerned the socket had no damage when it was sent to lenovo

    I’d be asking for evidence of the damage / more information, or maybe a ‘gesture of goodwill’ discount on a new one from Curry’s given it’s taken over two months to get to this point. Soon be Christmas.

    i’m gping to speak to the store manager who is dealing with this when he is back in tomorrow about this…in my defence i’ve had confirmation from the staff member who originally booked it in that he inspected it and there was no damage to the charger socket

    I wouldn’t expect a manufacturer to take 2 months to discover obvious physical damage. You say the device stopped working with 20% power, that’s inconsistent with a damaged usb hole being the cause.

    thats what i dont get…on 3 separate occasions i chased it up as to why it was taking so long. on each occasion currys contacted lenovo only to be told that they were waiting for parts…but now theyve changed their tune and say that they wont repair it under warranty due to alleged damage to the charger socket…and they want £175 to repair it.

    Premier Icon Sundayjumper
    Subscriber

    Have you asked for actual advice from someone whose job it is to deal with this kind of stuff ? Talk to Trading Standards.

    Premier Icon maccruiskeen
    Subscriber

    It took 2 months of them waiting for parts for them to come to that conclusion?

    What part were they waiting for then?

    gonzy
    Member

    Have you asked for actual advice from someone whose job it is to deal with this kind of stuff ? Talk to Trading Standards.

    not yet…that would be my next port of call once i know how currys intend on dealing with this

    It took 2 months of them waiting for parts for them to come to that conclusion?

    What part were they waiting for then?

    they never said what parts they were waiting for…my guess is that someone at their repair centre has caused the damage and now they’re trying to pin it on me…there was no damage to the socket when it got sent off and this has been confirmed by the curry staff member who sent it off to them

    FWIW…ive enquired to a few independent tablet repair centres about the cost of the repair and i’ve been quoted £65 all in…for the £175 lenovo are charging id expect them to bring bill gates in to do the repair!

    FWIW…ive enquired to a few independent tablet repair centres about the cost of the repair and i’ve been quoted £65 all in…for the £175 lenovo are charging id expect them to bring bill gates in to do the repair!

    That’s their way of saying they don’t want to bother, please take your tablet away now.

    gonzy
    Member

    That’s their way of saying they don’t want to bother, please take your tablet away now.

    but seeing as it stopped working while it was still under warranty…i expect lenovo to fulfil their legal obligation of making it good again

    They’ve already made clear what they think (rightly or wrongly) their contractual obligation is here…but they obviously also don’t want to be in the business of repairs either.

    I think you’re screwed, TBH. At nearly a year old the fault’s burden of proof is on you,

    Not quite so sure. Under EU Consumer law manufaturers of consumer electronics must provide a warranty / support for their goods for a minimum of 2 years – UK Consumer Rights potentially extends a good deal beyond 2 years as well.

    I would write to Curry’s HQ / Customer Service (using recorded delivery) and reassert your claim that it stopped working whilst charging. Given this can only take place when the right cable is inserted the right way it’s up to them to provide proof to support their claim.

    I’d give them 10 working days to write back with more detail and would file small claims after that. Tell them that’s your intended course of action as well. They are unlikely to bother even turning up for £100 so will either settle or have the case found against them at which point they will have to pay up at that point.

    Premier Icon Cougar
    Subscriber

    there was no damage to the socket when it got sent off and this has been confirmed by the curry staff member who sent it off to them

    but seeing as it stopped working while it was still under warranty…i expect lenovo to fulfil their legal obligation of making it good again

    Then it’s cut and dried. Forget what Lenovo are or aren’t saying, you have no legal relationship with them. You bought it from Curry’s, you have a contract with Curry’s and it’s absolutely their responsibility to make good. They’ve confirmed that there was no physical fault with it when it was entrusted into their care; if it is now damaged then that’s their outlook.

    If I were you I’d be in store pushing loudly for a new one.

    Premier Icon Cougar
    Subscriber

    Under EU Consumer law manufaturers of consumer electronics must provide a warranty / support for their goods for a minimum of 2 years – UK Consumer Rights potentially extends a good deal beyond 2 years as well.

    This is true as far as it goes, but it’s not enshrined in UK law and so it’s a bit of a grey area as to whether it’s enforceable or not.

    In this case though, it doesn’t matter anyway. It was bought in September last year and was inside of twelve months old when returned, so the SoGA applies here.

    SoGA states (emphasis mine):

    Under the Sale of Goods Act, the retailer must either repair or replace faulty goods ‘within a reasonable time but without causing significant inconvenience‘.

    If the seller doesn’t do this, you’re entitled to claim either:

    • a reduction on the purchase price, or
    • your money back, minus an amount for the usage you’ve had of the goods (called recision)

    By sitting on it for over two months, they’re in breach of contract.

    gonzy
    Member

    thanks for the advice above cougar and just15minutes.
    thats what i intend to raise with the store manager who is dealing with it. i intend to give currys the opportunity to respond and deal with this you’re quite right my contract is with them…if the store manager cant do anything then i will escalate it further and seek advice form trading standards…but hopefully it wont get to that.

    i know its only a £100 tablet but thats really besides the point here…its more about the principle and the fact that i would prefer to get the tablet working again as it has stuff on there that have personal and sentimental value to us….which reminds me…i think i left the bloody memory card in there too!!

    legend
    Member

    Then it’s cut and dried.

    Unless the more thorough assessment at Lenovo shows damage that couldn’t be seen externally? Same as if they were claimed it had been dropped, might not see anything externally but internals might be a different matter

    Premier Icon Cougar
    Subscriber

    I’d have thought that ramming in a uUSB cable upside-down would be readily visible externally.

    Regardless, it’s irrelevant. Curry’s has told the OP that there was no physical damage; so whether they’re right or wrong, the company with whom the OP has a contract has confirmed this so anything else is neither here nor there. If they were wrong it’s their problem to sort out.

    Premier Icon Cougar
    Subscriber

    the fact that i would prefer to get the tablet working again as it has stuff on there that have personal and sentimental value to us….which reminds me…i think i left the bloody memory card in there too!!

    With respect and I’m on your side, no sympathy here. Backups are cheap.

    Premier Icon cynic-al
    Subscriber

    Not read it all but depressing that Cougar went belly up.

    Fight it, it’s clearly bs, they would have seen this “damage” on day 1.

    Go to trading STDs.

    Premier Icon Cougar
    Subscriber
    gonzy
    Member

    update: didnt get a chance to do this last week as i was on my way to the lake district for a weekend getaway with the wife and kids…poor signal and wifi

    currys got in touch with me and told me that lenovo would be returning the tablet unrepaired as they are adamant because they claim the cable has been inserted the wrong way round and this has damaged the usb socket…currys are unwilling to help on this as they say after the first 6 weeks of purchase the onus is on lenovo to carry out warranty repairs…unless i of course took out the currys warranty at extra cost…they reckon this is stated on their receipts so they are claiming that the SOGA does not count…i find this to be utter bollocks

    so i’m now waiting for lenovo to send the tablet back and i will be taking it up with store manager in person when i go to collect it

    EDIT: the tablet stopped working 1 month before the 12 month warranty expired but i wasnt able to send it back in until 2 weeks later due to the death of my father in law…it was sent to lenovo the very next day (which currys confirmed)…but by the time lenovo could be bothered looking at it the warranty expired…they are also claiming that because the tablet is now out of warranty they dont want to touch it unless i pay them £175

    b r
    Member

    I’d just go into the shop, expecting to leave with a working £100 tablet.

    gonzy
    Member

    I’d just go into the shop, expecting to leave with a working £100 tablet.

    thats what i intend on doing…plus if the tablet isnt in the same condition it went to them in and the memory card (which was still in) is not there i’m getting the bombers out!

    Premier Icon Cougar
    Subscriber

    currys are unwilling to help on this as they say after the first 6 weeks of purchase the onus is on lenovo to carry out warranty repairs

    This may or may not be true as a store policy, but it’s certainly not enshrined in law. It’s their responsibility to make good any faults, as I said earlier. The word “Lenovo” is irrelevant to your contract of sale which is with Curry’s.

    In and of itself, they’d have a case if indeed you have broken it. However, they’ve checked it before sending it away and confirmed it was fine, ergo it must’ve been damaged at some point after it left your possession. And again, that’s Curry’s problem.

    What’s on their receipt is also irrelevant. You cannot override statutory rights, that’s what “statutory” means, it’s backed up by law.

    Premier Icon Cougar
    Subscriber

    by the time lenovo could be bothered looking at it the warranty expired..

    Again, this is irrelevant. You reported the fault within the 12 month warranty period, end of. Anything else is whataboutery. If that was how warranties worked, they could take a month old device, fanny about for a year and then go “sorry, out of warranty.”

    Either Lenovo are lying are Curry’s are, and I know which I’d put my money on. And, again, regardless of any of this, it is Curry’s responsibility to resolve.

    Premier Icon Cougar
    Subscriber

    Incidentally, have you escalated this out of the branch yet? I’d have Dixons Carphone head office on speed dial before I went back to the store.

    Premier Icon Cougar
    Subscriber

    Oh, and, if they’re steadfast on the “out of warranty” angle and you need a bit more ammo: EU directive 1999/44/EC applies to all EU member countries and states that the retailer is liable for two years, and SoGA states that goods should last “a reasonable amount of time” which could be anything up to six years (though you’d be hard pressed to get a full six years to fly with a budget tablet).

    Though TBH this may muddy the waters. It is still in warranty regardless of what some clown in Curry’s thinks.

    gonzy
    Member

    Incidentally, have you escalated this out of the branch yet? I’d have Dixons Carphone head office on speed dial before I went back to the store.

    i agree with you Cougar…but i’d like to speak to the store manager first though before i escalate this

    the sales rep who spoke to me was just that…a sales rep and didnt sound like he knew what he was on about…he kept repeating that there is a clause on the receipt which says its not their problem any more…he sounded like as if he was reading a script off the computer screen…it wasnt worth arguing it with him…i’ll do that face to face with the store manager

    gonzy
    Member

    Oh, and, if they’re steadfast on the “out of warranty” angle and you need a bit more ammo: EU directive 1999/44/EC applies to all EU member countries and states that the retailer is liable for two years, and SoGA states that goods should last “a reasonable amount of time” which could be anything up to six years (though you’d be hard pressed to get a full six years to fly with a budget tablet).

    Though TBH this may muddy the waters. It is still in warranty regardless of what some clown in Curry’s thinks.

    true…i had spotted that myself…thats my backup for the argument

    Premier Icon Cougar
    Subscriber

    Just hope he’s not a Brexiter that thinks we’ve already left… (-:

    Just to add YOUR contract is with the retailer, what lenovo say or dont say has nothing to do with your rights, the retailer has confirmed there was no damage when they inspected it, so as it has been in Lenovo’s posession for two months its is quite possible they damaged it! Replacement or refund, if they refuse either then small claims as stated higher up.

    Premier Icon DezB
    Subscriber

    Can’t help but wonder what the hell they’re all playing at. Currys are usually fine with replacing stuff – even if it’s just not what you want. And a company like Lenovo, why wouldn’t they just send a replacement through??
    Like a “consumer” needs to go through this much hassle! I’d be bloody livid.
    Hope you get it sorted without too much more grief gonzy!

    gonzy
    Member

    right folks time for an update but in 2 parts:

    part 1:

    i went back to the store again about 3 weeks ago to get an update and to speak to one of the store managers…who actually turned out to be nothing more than a team leader.
    he sang the same song to me regarding what they reckoned my rights were but this time gave me some info on when it was actually sent off to lenovo etc. again it was the same old story that there was nothing they could do. as i was in a rush i decided to wait until the tablet arrived then i would take it up with them.
    1 week later they rang me to tell me it was back with them and i could collect it. so i did qa few days later and again had a heated discussion with one of their staff member but this time i managed to prove to him that it was physically impossible to insert the usb lead into the charging port the wrong way round. even though he saw this he was still adamant that lenovo were correct in their diagnosis that the charge port was damaged by the cable being inserted the wrong way round. again i was in a rush as i had a train to catch later that day and needed to get home to pack so i left it at that for the time being…

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