Faulty Microsoft Surface Device - am I covered? - csgmart

I purchased a Microsoft Surface Pro 4 in November 2015 and used a credit card to buy it. The device has now developed a fault (we believe due to a software update) which means the keyboard no longer works.

I have swapped keyboards and reinstalled Windows and tried all the 'fixes' advised by Microsoft to no avail. There are many reports of other people suffering from exactly the same issue - all after a recent Windows update. Microsoft haven't yet publically acknowledged the issue.

The device came with only 1 year warranty and all Microsoft can offer is a swap with a refurbished device at a cost of £333 with a 90 day warranty. A new Pro 4 would cost about £1,000 or more...

My son mentioned that items purchased on credit cards are often covered under Section 75 of the Consumer Credit Act. Would this apply in my case do you think? The device is clearly faulty and Microsoft can't offer me a fix (they may well release an update which cures the problem but who knows how long it will take). I haven't yet contacted the retailer (Dixons Travel - Bristol Airport).

Faulty Microsoft Surface Device - am I covered? - RobJP

I can't see how Section 75 of the CCA covers you in this case, it covers either

a) a breach of contract (for example, failure to provide the goods specified in the contract) or

b) a misrepresentation (for example, if you bought software for a computer because you were told it was compatible, only to find it isn't)

Under (a), you've also potentially got the goods not being of satisfactory quality. But you've also got the lifespan of 'tech' goods to consider.

Even then, I'd not be entirely certain that the CRA or S. 75 of CCA would cover you. If the 'reasonable expectation' for a car to not suffer catastrophic failures is 6 years from new, then that for a computer is going to be considerably less.

Faulty Microsoft Surface Device - am I covered? - Avant

Even if Microsoft give only a one-year warranty, have you checked what Dixons gave you? John Lewis give two years on electricals.

I agree with Rob - I don't think consumer legislation is much help here. It's just too long since you bought it. I'm sure you haven't done this, but a combination of Microsoft hardware and Microsoft software could well be enough to cause even placid people to hurl the thing across the room in frustration.

£333 would buy you a new laptop - cheap and cheerful, but still bound to be an improvement on anything made by Microsoft.

Faulty Microsoft Surface Device - am I covered? - movilogo

www.mirror.co.uk/money/little-known-eu-law-gives-8...5

europa.eu/youreurope/citizens/consumers/shopping/g...m

Under EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

Edited by movilogo on 21/08/2017 at 11:00

Faulty Microsoft Surface Device - am I covered? - RobJP

www.mirror.co.uk/money/little-known-eu-law-gives-8...5

europa.eu/youreurope/citizens/consumers/shopping/g...m

Under EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

Erm ... you might want to read something in more detail before posting it up as being so clear-cut and definitive.

The europa website :

europa.eu/youreurope/citizens/consumers/shopping/g...m

quite clearly states that :

  • After 6 months, in most EU countries, you need to prove that the defect already existed on receipt of the goods - for example, by showing that it is due to the poor quality of the materials used.
Faulty Microsoft Surface Device - am I covered? - movilogo

The law is a grey area what happens if software update renders a device faulty.

Another good reason not to update the software within warranty period. I have not updated my Windows 7 PCs for years and never had problem :-)

Faulty Microsoft Surface Device - am I covered? - alan1302

Another good reason not to update the software within warranty period. I have not updated my Windows 7 PCs for years and never had problem :-)

Never a good idea not to keep OS's up to date - too many potential security flaws and possibilities for hackers to get hold of your coputer and data. If everyone kept updated properly all the time there would be less problems to start with.

Faulty Microsoft Surface Device - am I covered? - bolt

Another good reason not to update the software within warranty period. I have not updated my Windows 7 PCs for years and never had problem :-)

Never a good idea not to keep OS's up to date - too many potential security flaws and possibilities for hackers to get hold of your coputer and data. If everyone kept updated properly all the time there would be less problems to start with.

I would agree with that, if it was a software fault then its likely to take a while to sort it out, Microsoft are not the only ones to have software problems

Edited by bolt on 08/10/2017 at 14:14

 

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