H Have Ib I been mis­led i about lap­top b bat­tery?

We sstand up for your le­gal rights

Computer Active (UK) - - Consumeractive -

QI be­lieve I’ve been mis­led into buy­ing an HP Pro­book 440 G4 lap­top from Lap­tops Di­rect ( www.lap­tops­di­rect.co.uk). I bought it be­cause HP claims it has up to 15.5 hours of bat­tery life, but I’m lucky if I get any­where near 10. Lap­tops Di­rect has told me to take it up with HP. But HP won’t pro­vide any proof of bat­tery life to me. Can you tell me what my rights are?

James Lung

AJames can sue Lap­tops Di­rect, thanks to a change in the law in 2014, which al­lows con­sumers to sue traders di­rectly over mis­lead­ing claims. Pre­vi­ously, they’d had to go through a con­sumer body such as Trad­ing Stan­dards or the Of­fice of Fair Trad­ing. But the cri­te­ria for su­ing a com­pany for mak­ing mis­lead­ing per­for­mance­mancema claims is strict and com­plex. A claimim must be made against the trader (Lap­top­sap­top­sap Di­rect in this case), not the man­u­fac­ture­ru­fa­cac­turer (HP). It must be made within 90 da­days of re­ceiv­ing the goods. And it’ss very im­por­tant that any mis­lead­ing in­for­ma­tion played a ‘sig­nif­i­cant part’ in the buy­ing de­ci­sion, and only if the ‘av­er­age con­sumer’ would have be­lievedieved the claim.

How­ever, the hard­est thing to prove is that the trader de­lib­er­ately mis­led you. It’s not enough to show that it ac­ci­den­tally gave in­ac­cu­rate de­tails. James’s next move should be to seek le­gal ad­vice from Cit­i­zens Ad­vice ( www.snipca. com/25948). If he wins he can be awarded dam­ages, re­ceive a full re­fund, or get a ddis­count on thehe price paid. d

It may be eas­ier for James to claim the lap­top’s poor bat­tery life means it is in­her­ently faulty, and seek a re­fund un­der the Con­sumer Con­tracts Reg­u­la­tions. But he would need to prove that the bat­tery’s life is so short that it con­sti­tutes a fault.

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.