PC World refusing to recognise Sale of Goods Act

A question about : PC World refusing to recognise Sale of Goods Act

What did you buy?
Bought an Asus lapsus laptop for Ј600 which was replaced by a HP Pavilion laptop for Ј500
When did you buy it?
First one was September 2013 then replaced November 2013
Where from? (internet or in store - it DOES make a difference)
PC World in store
How did you pay? (cash/cheque/debit card/credit card etc)
It was a credit gift card from my insurance company and used my credit card to top the cost up
What went wrong?
The hard drive has failed on the replacement laptop 1 year and 2 months after I have purchased it
What are the vendors telling you?
Not their fault and they want Ј50 to test if its a manufacturers fault.
What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
I was asking for a replacement but I seriously beginning to think I need to ask for a refund or to take them to the small claims court. I have sent them an email advising them of the Sales of Goods Act and advised them to pay particular attention to the word 'durability' in the terms. Same old story pay us Ј50 and we'll look at it.

Any advice before I tell them I'm going to the small claims court?

Best answers:

• Can you edit the block of text so it's a bit easier to read?
• You've had around 18 months of use so your refund can be reduced to allow for that. May be
• More than 6 months from purchase the burden of proof is on the consumer to prove the goods are inherently faulty and they havent failed due to misuse for example - the simple assertion that it has not lasted a long enough time is not enough, it is why they have failed that is important.
  The alternative would be to get an independent report of your own and if it finds in your favour, the retailer should reimburse the cost of the report.
  You could also try a section 75 claim with your credit card company but they're likely going to require the same report.
• As this is a very expensive piece of quality equipment, I believe that this fault should not have occured just two months after the 1 year warranty ran out. I believe that PC World should repair my laptop free of charge in accordance with the ‘Consumer Protection Sales of Goods Act 1979′. Quote :
  The quality of the goods applies to their state and condition including their appearance and finish, freedom from minor defects, and safety and durability. They should also be fit for all purposes for which goods of that kind are commonly supplied. Your rights under this Act are against the person who sold you the goods and not the manufacturer.
  I have not misused it I work in website support and I know how to manage the battery and laptop. There is no way I could make the hard drive fail for the usage I was using it for.
  So like PC World you're saying a Ј500 piece of kit should last 1 year 2 months?
• Hard drive failure can be a bit tricky, they may accuse you of giving the laptop some rough treatment.
  If you are not able to replace the hard drive yourself I'd suggest you will be better off having it replaced at your own expense.
  This could well be a cheaper alternative to getting a part refund, or waiting weeks until it's all sorted.
• This is quite the norm for Currys. I've known someone recently have a TV repaired under the SOGA, it was 3 years old and they had to pay Ј90 which was refunded and the repair carried out FOC. Either way, You'll have to pay for an independent report if you go down the small claims route.
  You'll be very lucky to get (another) replacement out of them let alone a refund. Even if they did offer a refund (which I think is highly unlikely) it would likely be a proportionate refund taking 16 odd months of use into consideration and would not be for the full amount. I don't know why this has to go down the small claims route, it seems PCworld are being quite reasonable here.
  You have to be realistic at this stage, like others above have stated it would probably be less hassle to replace the drive yourself as you run the risk of PCworld coming back saying the Fault/Damage was user inflicted and losing your Ј50.
• You can get a new harddrive for less than Ј50
  Or use it as an upgrade opportunity and get an SSD for a bit more money.
• from Scan.co.uk Western Digital WD5000LPVX Blue 500GB 2.5" Hard Drive 7mm 5400rpm Ј36.48
  will be a 10 min job to fit
• Just replace the hard drive, less hassle for you.
• The thing with off the shelf PCs/Laptops is that they are made with low grade components, as soon as the 1 year warranty is up i would have changed soundcards/graphics gards, memory etc. to better spec components. If PCworld did replace the HDD it would be a cheap unbranded model of HDD. so better off spending less on a good spec branded model and spend 10 mins to fit it yourself
• Reading between the lines a repair is that last thing the OP wants. It seems they're expecting something a bit better.
  As for the laptops themselves, most are now made in China by a Company called Hannstar. They also make TV's and cheap monitors (Hanns.G for example) HP and Dell have most if not all of their rage manufacturer by them. They're cheap yes but not too bad considering. Not many companies manufacture hard drives so it WILL be a branded model.
• so , do you thing PCcharm are going to do this work? Ј75 for data recovery or even the hard drive is now ours , tough
  the perils of PCcharm/currys