Bad customer service.

[Saracen]

Hi Saracen, Part of the issue, (and their charge) is the fact they say the card i working perfectly. I never said to them that the card is faulty. I've slways said "i'm having issues with the card with my system" I believe the card is 100% fine, but it does not work in my system...

Yes, quite. With the DSR, you're not limited to returning faulty goods. In fact, if the goods were faulty, you wouldn't really need the DSR. That's not at all what the DSR was intended for, though it adds to your rights and if goods were faulty, your DSR rights improve a little bit. But the DSR is actually deliberately aimed mainly at exactly your kind of situation, i.e. where goods aren't faulty.

Nonetheless, it does impose a cost on retailers through no fault of their own. I can see why many don't like it, but what it comes down to is that it's a fact of life and part of the cost base for being a distance seller, and they'll either have to comply with it, or risk ending up in court.

[Saracen]

Oh also Saracen "Providing the goods in question fall with the remit of the DSR (and not everything does)" According to consumer direct they are covered, and my local office of fair trading agree.

Oh yes, this type of good is covered. I was pointing out that, in general, not everything is. For instance, anything that has been customised to your needs (like glass that's been engraved), or CDs, DVDs and software where any seal or shrinkwrap has been opened, or perishables like cut flowers, etc. Not everything is covered, though technology items generally would be. Even there, though, some things are a bit more complex. When you buy a mobile phone, you're likely to be buying two contracts - one for the phone, and one for the airtime coverage. The DSR protection between the two is different, as are your cancellation rights.

But, with a fairly limited number of specified exceptions, most things are covered.

[Hokum]

I WON!

Overclockers didn't even try and defend them selves. So it was a little disappointing, but at least i have my money back. If anyone ever has a problem with overclockers (or any company) not paying for a DSR point them at this thread (not sure if its worth stickying something like this).

Don't take their "bullsh!t" i was told no one has ever taken to court over a DSR return as it's "rules and not a law". No its not criminal law, its civil law, and it was this which overclockers had broken. If trading standards has a rule about conduct and a company breaks that rule, they are breaking the law. Its that simple.

I now have my £261 back after almost 4 months of waiting, its cost overclockers more this way, why couldn't they just refund me in the first place??

This thread covers almost all areas of DSR and if anyone has a question feel free to pm me. Don't forget, consumer direct is there to help you, and the office of fair trading are there once its gone beyond that.

[Clunk]

Excellent, and well done!

heh

[bledd]

glad it was sorted , does seem strange that they wouldn't at least respond to your threats of small claims...?

i've never had any problems with ocuk myself, any time i've had a faulty piece of hardware, i've had a refund or another sent out (granted; never had any compatibility issues), on countless occasions they've sorted things out for me