Technoworld Incorrect Claim - Advice Needed

  bfoc 19:00 04 Jun 07
Locked

My daughter bought a dual core Vista Acer laptop from Technoworld and it never worked correctly. My original thread is click here.

It would sometimes not start, wouldn't play DVD's, couldn't connect to the wireless network and was much slower than her 3 year old Dell.

I recommended that she return it under the DSR but when she tried this she was told that there would be a £50 re-stocking fee. With advice from Consumerdirect we challenged this and returned the machine.

Technoworld then claimed that the machine was 'deeply scratched' and they were charging a re-stocking fee of £50. When we queried this they supplied photos of the scratch. My daughter had witnesses that the laptop had been perfect when packed and the photos seemed very strange.

They have been insisting that there must be a £50 re-stocking fee and my daughter, with advice, has been refusing to pay it. Meanwhile Technoworld had returned the machine to Acer for repair and my daughter, via Acer, was kept informed that it had been accepted for repair and then that it had been repaired.

Today the machine was returned to my daughter direct from Acer, despite her rejecting it in writing to Technoworld and the finance company.

She has opened the package and it is the machine registered to her and guess what - NO SCRATCH!!

No what to do from here - all advice accepted.

Also how could Technoworld have got it so wrong?

  Forum Editor 19:11 04 Jun 07

If she is, I suggest that she does this:

Write to Technoworld, and tell them that the computer has been returned by Acer and now appears to be functioning correctly. Say that you reserve your rights under consumer law, but that in view of their failure to recognise your rejection of the machine, and their failure to pay a full refund, you are prepared to accept the computer on condition that they acknowledge your right to reject it if it becomes apparent that the fault has not been properly rectified.

Tell them that unless within 14 days they acknowledge your right to reject at a later date you wish your previous rejection request to be reinstated.

What you're aiming for is a full reinstatement of your rights immediately prior to the first rejection notification. You don't want a situation in which the retailer subsequently tells you that you may no longer reject the machine if the fault reappears.

On the other hand your daughter might simply decide she doesn't want this computer, in which case she must ask Technoworld to comply with the original rejection notification.

  bfoc 19:54 04 Jun 07

And for being so very prompt, I'll copy it to my daughter!

I guess that she will want to return the machine as she has no faith left in Technoworld. She also doesn't want to use it at all and unpacked it and photographed it in front of two other witnesses!

She found the accusation that she had damaged the machine and their very aggressive approach to the matter quite upsetting. To now know that their claims were incorrect and, if one is very, very kind, the result of 'confusion' convinces her she wants no more to do with them.

If this is what happens when a faulty machine is returned under a week after delivery one wouldn't want to have a problem after 3 months!

Personally, I find it amazing that when she first raised the issue with them they didn't try to take a positive approach to sorting the matter out - they have lost not just her custom but that of her many family, friends and colleagues who have all been astonished at what has happened.

  Forum Editor 20:04 04 Jun 07

the condition of a returned computer in order to justify charging a restocking fee it's a disgrace. I say 'if' advisedly, because I suppose it's always possible that Acer has replaced the scratched case part. Is that a possibility, do you think?

  bfoc 20:34 04 Jun 07

Perhaps - but not likely as why would Acer not charge for such a replacement?

Without accusing anyone the following are facts:

1. A £50 re-stocking fee was 'demanded' prior to the machine being returned.

2. Once it was returned a £50 re-stocking fee was demanded as it had suffered "scratches".

3. When evidence was requested the "scratches" became a "deep scratch" and photos were provided, but these did not show anything to identify the machine. They scratch also seemed to change shape between the photos.

4. My daughter had witnesses that the scratch shown was not on the machine when packed.

I actually spoke to Technoworld 'Customer Services' myself quite early on and was told that they could charge a re-stocking fee under the DSR. This is not correct.

I would love to know as well what Acer repaired and my daughter may well ask!

  spuds 22:47 04 Jun 07
  bfoc 10:10 06 Jun 07

My daughter has spoken to Acer - all they did was replace the motherboard as there were data transfer errors which were causing the problems.

So, this is the original case and there are no scratches!

My daughter is writing to Technoworld and the finance company, both by email and recorded delivery, making clear that her earlier rejection of the machine stands and that as the machine was faulty and is clearly not damaged she requires a refund of the money she paid to return the machine to them.

She is also making clear that it is for them to make arrangements, and pay for, the collection of the machine.

I'll let people know what happens.

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