Who’s responsib responsible for fixing a faulty Windows 10 OS?

QI bought a Dell Windows 10 PC from a local company in July, but I’m having problems updating the operating system, and I keep losing access to my photos and music. Microsoft told me the PC was using the first release version of Windows 10 (numbered 1507) and only a clean installation will sort this out. I’m worried about losing some free programs and the retailer won’t help me. Can you?

Georgina Seaton

AIt may not be possible to save all the programs Georgina wants to keep, but we’ll do our best to resolve her case. It’s disappointing that the company marketed as ‘new’ a computer that was running a version of Windows 10 that’s two years old. Microsoft released this in July 2015 as a free upgrade to users running Windows 7 or 8. It’s possible the shop’s owners let the PC automatically upgrade to Windows 10 without checking whether it was working properly afterwards.

Responsibility for fixing the problem lies with the shop, not Microsoft. This is because Georgina didn’t buy the operating system separately from Microsoft to install herself. What she paid for was a complete package from the retailer, including the computer, the system that runs on it, and any subsequent upgrades. This is an important point: it’s not only a hardware fault that can render a PC not fit for purpose – software problems apply too.

Since first emailing us Georgina has said she’ll talk to the shop to see whether it will accept its responsibility. If not, we’ll try to persuade the shop to offer assistance (for free), or provide a full refund.