Returning faulty goods

  Stridor 15:23 05 Jan 03
Locked
  Stridor 15:23 05 Jan 03

To cut a long story fairly short, I have been in a spot of bother with a computer that I bought in November. It's never worked!!!

After numerous calls to technical support and customer sevices of the company I bought it from trying to get it sorted (all to no avail, I finally lost patience and asked for a refund. I know that I am perfectly within my rights to get a refund but the company concerned have stated that they will need to inspect the desktop tower before agreeing to any refund.

This is where my worry is at the moment. Is it wise to break up the whole order, just sending the tower and keeping the monitor, speakers etc. with me. If they agree to a refund, will I also get a refund for the other parts, which whilst not faulty, are pretty damn useless without the rest of the computer.

Which leads me to another question, if past experiences are to go by, I expect to have huge problems getting them to accept that the computer has a terminal problem, is there anything I can do to prove to them that it is faulty once it has left my hands, like save the 76 *.dmp files that are now logged on the system, to a disk or something like that.

I am a complete computer goof, and this being my first computer I need all the advice I can get...

  MichelleC 15:57 05 Jan 03

As the law stands when a consumer is given a duff pc you have to allow them the chance to rectify matters before anything else. Then, once they start to mess around (which invariably they will do)you have to ask for a refund if it's not rectified to your satisfaction (which it probably won't be) (I'm very cynical today, but this is based on experience).

The next stage is to try and obtain a refund (this is where the fun starts). The best way to do this is to send a concise letter by special delivery to a specific person at the retailer, allowing them say 10 days to respond. Then you can go the legal route if necessary.

I don't think they will save any files as the first thing they'll do is format the hd/s.

My advice is to send everything back if you want them to attempt to rectify 1st before claiming a refund.

BTW when I got an Apple Mac which was duff I found out the MD's name of the firm, rang him up and explained in a friendly fashion about the problem and that if I was in his position I'd want to know about faults in the company and had 2 engineers round within 2 hours. But it was a few years ago.

  rickf 17:48 05 Jan 03

Good advice MichelleC. Keep a cool and friendly head and state the facts. Don't get emotional, although its hard and you'll more often than not get there. BTW also get in touch with your cc if paid by cc. get written proof of all correspondence, like printing out emails.

  AdeJ 19:09 05 Jan 03

but just to clarify the legal angle:

If the goods are deemed unsatisfactory or unfit for purpose (which they are if they're not doing what you bought them to do) then legally you are entitled to a refund - you are NOT legally entitled to a repair, credit note etc - these are usually compromises between you and the company that are private and outside of the Sale of Goods Act.

A possible problem here is that legally you have to reject the goods "within a reasonable time" of purchase - and that isn't defined.Presumably you started complaining about the faults back in November in which case it could be argued that you have never accepted them - as suggested above, keep records of everything.

The company would obviously like to test the kit to confirm that it is indeen faulty - and I can understand your concern about what happens to it after it leaves your hands - again any evidence of faults keep records of.

And as for the other bits, presumably you bought them all together to use together as a package in which case you can reject the whole package.

I'm hoping that you you used a credit card for the purchase as that gives you a lot more options - in that situation the liability rests with the credit card company and you will need to get them involved and advise them you are rejecting the goods as "not fit for purpose under the Sale of Goods Act 1979 (as amended)"

And remember - it is up to the trader to collect the goods. Contact them (and the card company if applicable) telling them you are formally rejecting the goods as above and give them a deadline to collect and refund.

hope this helps - best of luck

  Forum Editor 19:12 05 Jan 03

I couldn't put it better myself. So I won't try.

  AdeJ 21:06 05 Jan 03

..I blush easy!

  spuds 21:55 05 Jan 03

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  Stridor 22:13 05 Jan 03

Thanks for the advice. It's really useful to know what to do.

Unfortunately, I didn't use a credit card to buy the system (doh!)but I did start speaking to their technical support department back in November.

I'll just have to keep plugging away at them to get this refund made.

And yes, I promise I'll be polite!!!

  AdeJ 20:16 06 Jan 03

by recorded/registered or whatever it is that gets there by noon next day with a signature. Once you have formally rejected the goods in writing using the above phrases, if the company then fail to act on the matter they are committing a criminal offense - at which point Trading Standards becomes a loaded weapon in your arsenal..

  Stridor 20:55 06 Jan 03

I sent a letter by registered mail the first week of December, their reply was to call me nearly two weeks later, to tell me that they were already waiting for me to get in contact with them regards returning the base unit for repair!!!
I explained that I had rejected their offer of the repair and that I was requesting a refund. This is the present situation. They want to inspect the base unit only, and do not want to take back the monitor, keyboard etc, which I feel I have every right to be concerned about.

I'm going to call them tomorrow to get things sorted (yeah, right!!.

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