What can I do if a company keeps sending me faulty hard disks?

I bought an external hard disk from Scan in December 2010. The original price was £166.11 but in March 2011 it stopped working. I returned it to Scan but the company sent it back as having no fault. I contacted the manufacturer, Dane Elec, which confirmed it was faulty.

Scan took it back and sent me a new drive in August but this was also faulty so I returned it in November. Scan offered another unit but without any disks at the end of December. I said this was unacceptable and asked for a credit. But Scan has refused to do this and sent the disk anyway.
Ian Butler

From what he has told us, Mr Butler has proof that the hard disk is faulty, from both Scan and the manufacturer. Therefore, under the Sale of Goods Act (SoG), Scan should have replaced the device with another one that, if not exactly of the same make, was of at least the same specifications.

The product does not have to be new but it must be ‘fit for purpose’. It must also be acceptable to Mr Butler and he had every right to refuse the drive without any disks. He has also had more than a year of inconvenience and frustration and the one replacement he received was not fit for purpose. We believe he is entitled to seek an alternative remedy such as a refund or credit note.

He may not be entitled to a full refund, though. Usually when goods have been used and a refund is sought this can be pro rata. This takes into account the use the consumer has had from the goods. However, in this case Mr Butler doesn’t seem to have had much use from the hard disk.

When we contacted Scan, the company said it was aware of the complaint. It is now investigating the issue and we will report back soon.