Does there have to be proof of fault ?

Kerrory

New Member
Jan 31, 2011
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Hi !

Just after some advice regarding a laptop my partner and I bought 17 days ago. We both noticed last week on separate occasions the mouse pad intermittently not working, we hadn't spotted it before as we had been plugging a mouse into it. I rang the retailer yesterday, to say that my partner would be returning it as it is faulty but that I had unfortunately misplace the till receipt and would they require me to print my card records off as proof of purchase. To which they said that as it was only purchased 2 weeks ago they would be able to trace the transaction and this wouldn't be necessary. So no problems there. But, when my OH took it to the shop they checked to see if they could see the fault, which obviously they couldn't as it happens intermittently. The person serving him said he would say that he had seen it and would just refund the money, however the manager overheard and came over at that point and said they wouldn't do that ! He said that they would need to check it over and basically fobbed off my OH, to the point of him leaving the laptop there ! Which sits very uncomfortably with me.

As I understand it under the Sales of Goods Act, I can 'reject' the laptop as it is 'not fit for purpose' or of 'satisfactory quality' and be entitled to a refund because it is within a reasonable time.

Should they have taken our word that the laptop is faulty ? Or are they right in keeping it to check over ?

I am worried that because it isn't a constant problem that they will claim not to have found a problem and therefore offer a replacement or repair. Is this irrelevant though because I have found it unsatisfactory and not fit for purpose ?

Just to add, we definitely do not want a replacement or repair, the person serving my partner yesterday actually told him that they have a lot of problems with said laptop. This confirmed to us more so that we want a refund so we can put the money towards one with a higher specification.

I need to ring them soon and need to have it all clear in my own mind before I demand anything from them !