Re: Sales of goods act letter, someone help me please?
Your letter is probably fine, but I'd get to the nearest CAB, they're usually great.
Oh and this is a UK company, right?
Re: Sales of goods act letter, someone help me please?
It is indeed a UK company, they've been mentioned on these forums long ago.
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
abaxas
Without being rude,
Purchasing anything online without the protection of a credit card is insane. Using a debit card is like using cash, protect yourselves.
However, if you only have a debit card, stick to honourable online retailers.
Without being rude, you're wrong - if you have a Visa debit card and the issuing bank is a member of the Visa Debit Chargeback Scheme (most are), you'll effectively have the same protection as that given to credit card holders under Section 75 of the CCA. Furthermore, it's not limited to transactions over £100 as in a credit card purchase.
Just go into your bank, ask for a Visa dispute form and return it with the relevant documentation - provided you show there's been a breach of contract (eg noncompliance with the SoGA), you should get your money back within a few weeks at most.
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
mike306dt
I first sent a "note thing" to the company as they don't offer direct email, to which the response was don't use it (the reply came long after I'd also rung them)... when I rang them the guy said to use the board as it wouldn't affect it. I posted on the companies forum, members told me I was crazy to keep the product and to return it.
I rang them and explained the damage, and that the outer box wasn't damaged (one other customer on said forum also had a damaged board from promo stock)
I was issued a RMA number for the board, and also the screen which I received (screen was faulty)
I sent the screen back first, waiting for them to change the fault description of the motherboard and the fact I wanted a refund not replacement... The company claimed a week after delivery screen hadn't been received, finally they 'found' the screen and refunded this.
The board was damaged and returned as "board damaged, box intact" which is exactly how I received the item.
Company said unless I have proof by way of a video of me opening the box it was damaged when I first opened it then its warranty void (at which point support person hung up on me)
First thing i would do is check the T&C on there returns guidelines.
secondly, did you sign for the package as Checked or Unchecked? (not sure if all courier companies have this)
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
Steve A
First thing i would do is check the T&C on there returns guidelines.
secondly, did you sign for the package as Checked or Unchecked? (not sure if all courier companies have this)
It didnt have checked or unchecked. I've just found out they've charged me a testing and return postage fee without asking for my cvv digits for the card too? Illegal?
So basically to summarise - the board was damaged top right corner when I received it. They blame this on me, which to be quite frank is impossible seen as it literally got lifted about two inches from the box to the mat on the floor. The board is now 'warranty void' as I apparently damaged it.
Re: Sales of goods act letter, someone help me please?
The letter is fine, I would say the only bit I would edit is the 14 days part.
From a letter I wrote to Honda/Inchcape
Quote:
Originally Posted by Moi
I look forward to receiving your full and considered response to the issues I have raised and to your suggestions as to how you feel they can best be resolved. I expect you will wish to investigate the details I have provided, but your early reply will be much appreciated.
After 14 days have elapsed, write to them giving them a further 7 days to respond, mentioning you will be considering entering a claim with the courts - some can be done online through MoneyClaimOnline iirc?
Re: Sales of goods act letter, someone help me please?
I'm tempted to just give up and use the board as it is. I have a (as discussed with Lee from scan) 5850, an i750 and memory sat here that I can't use. I could order another board yes, but thats money out that I don't want to spend only for them to refuse to deal with the old board. In its slightly bent state its worthless.
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
mike306dt
It didnt have checked or unchecked. I've just found out they've charged me a testing and return postage fee without asking for my cvv digits for the card too? Illegal?
So basically to summarise - the board was damaged top right corner when I received it. They blame this on me, which to be quite frank is impossible seen as it literally got lifted about two inches from the box to the mat on the floor. The board is now 'warranty void' as I apparently damaged it.
Check there T&C's (this will be an important factor)
I've just found out they've charged me a testing and return postage fee without asking for my cvv digits for the card too? Illegal? - depends, .. have given them consent to charge the card? if you haven't then i would say this is very naughty, and as far as im aware is infact illegal
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
mike306dt
It didnt have checked or unchecked.
I put my name, my signature and I write "unchecked" whether there's a section for it or not.
I got burned once on a large stationery order, never again though.
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
mike306dt
....
Company said unless I have proof by way of a video of me opening the box it was damaged when I first opened it then its warranty void (at which point support person hung up on me)
That much, at least, is complete cobblers.
Under current UK consumer legislation, there is a statutory presumption that goods that "faulty goods that fail to meet the contract had an inherent fault at time of delivery (which is the test of "faulty" under the Sale of Goods Act for the first 6 months after delivery unless the seller can prove otherwise.
It is NOT for you to prove (provide a video) that they were damaged on receipt. Not within the first 6 months anyway. It is for THEM to prove they were not. Where's their video of you damaging the goods? ;) :D
Re: Sales of goods act letter, someone help me please?
http://www.mike306dt.dsl.pipex.com/mobo1a.jpg
http://www.mike306dt.dsl.pipex.com/mobo2a.jpg
http://www.mike306dt.dsl.pipex.com/mobo3a.jpg
Sorry about the poor shots but its just been delivered back. I know its not a lot of damage, but I didn't cause it and as such I wanted a pristine board, which is what I paid probably over the odds for.
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
Saracen
That much, at least, is complete cobblers.
Under current UK consumer legislation, there is a statutory presumption that goods that "faulty goods that fail to meet the contract had an inherent fault at time of delivery (which is the test of "faulty" under the Sale of Goods Act for the first 6 months after delivery unless the seller can prove otherwise.
It is NOT for you to prove (provide a video) that they were damaged on receipt. Not within the first 6 months anyway. It is for THEM to prove they were not. Where's their video of you damaging the goods? ;) :D
Where's the rest of the post gone Saracen? :p
Seriously though Mike, that's just a ridiculous stance for them to take. Are you supposed to video it during usage so that if anything breaks on it you can prove it wasn't caused by you pouring a glass of lemonade on it?
They're just trying to wriggle out of it any way that they can - if you're prepared to, I'd fight it all the way.
Re: Sales of goods act letter, someone help me please?
I've just noticed something else - the box has a puncture wound on one side roughly where the damage is - the only problem is I don't have the original box insert (I used an abit one to send it back) to see where the board would lie - as I lifted the board out of the box by the cardboard and it got discarded.
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
mike306dt
I'm tempted to just give up and use the board as it is.
It's up to you of course - if the board is working OK you might not consider it worth pursuing, but you seem to have done it all by the book, and if everything has happened as you describe then quite frankly the retailer doesn't have a leg to stand on.
Quote:
Originally Posted by
dave87
After 14 days have elapsed, write to them giving them a further 7 days to respond, mentioning you will be considering entering a claim with the courts - some can be done online through MoneyClaimOnline iirc?
I wouldn't say that I was "considering" it, they'll just yawn and file the letter under "won't follow through" - send them a Letter before Action giving them a final seven days to pay up, or you *will* commence recovery proceedings. You should also demand repayment of any expenses you've incurred, including the testing and return postage fee.
BTW, was it a Visa debit card you used, or something else?
Re: Sales of goods act letter, someone help me please?
What company did the OP use so we can avoid them or at least know if it is worth the effort buying from them??
Re: Sales of goods act letter, someone help me please?
Quote:
Originally Posted by
snootyjim
Where's the rest of the post gone Saracen? :p
The migraine I've had for about three days ate it. :D
It's been a pain in the butt (well, head actually, but you know what I mean) but at least it reduces keyboard (and fingertip) wear rates. ;) :D