Page 2 of 5 FirstFirst 12345 LastLast
Results 17 to 32 of 73

Thread: Sales of goods act letter, someone help me please?

  1. #17
    Banhammer in peace PeterB kalniel's Avatar
    Join Date
    Aug 2005
    Posts
    31,036
    Thanks
    1,877
    Thanked
    3,378 times in 2,715 posts
    • kalniel's system
      • Motherboard:
      • Gigabyte Z390 Aorus Ultra
      • CPU:
      • Intel i9 9900k
      • Memory:
      • 32GB DDR4 3200 CL16
      • Storage:
      • 1TB Samsung 970Evo+ NVMe
      • Graphics card(s):
      • nVidia GTX 1060 6GB
      • PSU:
      • Seasonic 600W
      • Case:
      • Cooler Master HAF 912
      • Operating System:
      • Win 10 Pro x64
      • Monitor(s):
      • Dell S2721DGF
      • Internet:
      • rubbish

    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?

  2. #18
    Senior Member
    Join Date
    Oct 2005
    Posts
    319
    Thanks
    8
    Thanked
    15 times in 12 posts

    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.

  3. #19
    Senior Member
    Join Date
    Aug 2008
    Posts
    492
    Thanks
    8
    Thanked
    106 times in 80 posts

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by abaxas View Post
    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.

  4. #20
    Scan Computers Steve A's Avatar
    Join Date
    Jul 2004
    Location
    MUFC
    Posts
    2,957
    Thanks
    220
    Thanked
    141 times in 105 posts
    • Steve A's system
      • Motherboard:
      • Asus Maximus Gene IV
      • CPU:
      • Core i7 2600K (4.3Ghz)
      • Memory:
      • 12Gb Corsair 1600
      • Storage:
      • 240Gb SSD + 6TB
      • Graphics card(s):
      • NVIDIA - GTX680
      • PSU:
      • 750W BeQuiet Pro GOLD
      • Case:
      • Corsair 500R White
      • Operating System:
      • Windows 8.1 Pro 64Bit
      • Monitor(s):
      • 27" Asus 3D Monitor
      • Internet:
      • 100Mb BT Fibre

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by mike306dt View Post
    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)
    Last edited by Steve A; 25-11-2009 at 03:26 PM.

  5. #21
    Senior Member
    Join Date
    Oct 2005
    Posts
    319
    Thanks
    8
    Thanked
    15 times in 12 posts

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by Steve A View Post
    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.

  6. #22
    radix lecti dave87's Avatar
    Join Date
    Sep 2005
    Location
    England
    Posts
    12,806
    Thanks
    657
    Thanked
    931 times in 634 posts
    • dave87's system
      • Motherboard:
      • Asus
      • CPU:
      • i5 3470k under Corsair H80 WC
      • Memory:
      • 8gb DDR3
      • Storage:
      • 240gb SSD + 120gb SSD
      • Graphics card(s):
      • Asus HD7950
      • PSU:
      • XFX 600w Modular
      • Case:
      • Lian Li PC-A05FNB + Acoustipack
      • Operating System:
      • Windows 10 Pro
      • Monitor(s):
      • 2x Dell S2309W (1920x1080)
      • Internet:
      • BT Infinity Option 2

    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?

  7. #23
    Senior Member
    Join Date
    Oct 2005
    Posts
    319
    Thanks
    8
    Thanked
    15 times in 12 posts

    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.

  8. #24
    Scan Computers Steve A's Avatar
    Join Date
    Jul 2004
    Location
    MUFC
    Posts
    2,957
    Thanks
    220
    Thanked
    141 times in 105 posts
    • Steve A's system
      • Motherboard:
      • Asus Maximus Gene IV
      • CPU:
      • Core i7 2600K (4.3Ghz)
      • Memory:
      • 12Gb Corsair 1600
      • Storage:
      • 240Gb SSD + 6TB
      • Graphics card(s):
      • NVIDIA - GTX680
      • PSU:
      • 750W BeQuiet Pro GOLD
      • Case:
      • Corsair 500R White
      • Operating System:
      • Windows 8.1 Pro 64Bit
      • Monitor(s):
      • 27" Asus 3D Monitor
      • Internet:
      • 100Mb BT Fibre

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by mike306dt View Post
    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

  9. #25
    ɯʎɔɐɹsɐʌʍ mycarsavw's Avatar
    Join Date
    Feb 2007
    Posts
    4,945
    Thanks
    1,097
    Thanked
    652 times in 481 posts
    • mycarsavw's system
      • Motherboard:
      • P8H77-M Pro
      • CPU:
      • i5 3350P
      • Memory:
      • 16Gb
      • Storage:
      • Lots
      • Graphics card(s):
      • R9 285
      • PSU:
      • HX 620w
      • Case:
      • FD Define Mini
      • Operating System:
      • W10
      • Monitor(s):
      • BenQ G2420HDBL + GL2450HT
      • Internet:
      • Sky

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by mike306dt View Post
    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.
    |Kata: "Read title as 'fisting'. Not sure why I clicked. Relieved, really."|
    |TAKTAK: "It was so small that mine wouldn't fit into it"|

  10. #26
    Admin (Ret'd)
    Join Date
    Jul 2003
    Posts
    18,481
    Thanks
    1,016
    Thanked
    3,208 times in 2,281 posts

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by mike306dt View Post
    ....
    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?

  11. #27
    Senior Member
    Join Date
    Oct 2005
    Posts
    319
    Thanks
    8
    Thanked
    15 times in 12 posts

    Re: Sales of goods act letter, someone help me please?





    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.

  12. #28
    jim
    jim is offline
    HEXUS.clueless jim's Avatar
    Join Date
    Sep 2008
    Location
    Location: Location:
    Posts
    11,466
    Thanks
    614
    Thanked
    1,649 times in 1,310 posts
    • jim's system
      • Motherboard:
      • Asus Maximus IV Gene-Z
      • CPU:
      • i5 2500K @ 4.5GHz
      • Memory:
      • 8GB Corsair Vengeance LP
      • Storage:
      • 1TB Sandisk SSD
      • Graphics card(s):
      • ASUS GTX 970
      • PSU:
      • Corsair AX650
      • Case:
      • Silverstone Fortress FT03
      • Operating System:
      • 8.1 Pro
      • Monitor(s):
      • Dell S2716DG
      • Internet:
      • 10 Mbps ADSL

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by Saracen View Post
    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?
    Where's the rest of the post gone Saracen?

    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.

  13. #29
    Senior Member
    Join Date
    Oct 2005
    Posts
    319
    Thanks
    8
    Thanked
    15 times in 12 posts

    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.

  14. #30
    Senior Member
    Join Date
    Aug 2008
    Posts
    492
    Thanks
    8
    Thanked
    106 times in 80 posts

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by mike306dt View Post
    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 View Post
    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?

  15. #31
    Moosing about! CAT-THE-FIFTH's Avatar
    Join Date
    Aug 2006
    Location
    Not here
    Posts
    32,042
    Thanks
    3,909
    Thanked
    5,213 times in 4,005 posts
    • CAT-THE-FIFTH's system
      • Motherboard:
      • Less E-PEEN
      • CPU:
      • Massive E-PEEN
      • Memory:
      • RGB E-PEEN
      • Storage:
      • Not in any order
      • Graphics card(s):
      • EVEN BIGGER E-PEEN
      • PSU:
      • OVERSIZED
      • Case:
      • UNDERSIZED
      • Operating System:
      • DOS 6.22
      • Monitor(s):
      • NOT USUALLY ON....WHEN I POST
      • Internet:
      • FUNCTIONAL

    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??

  16. #32
    Admin (Ret'd)
    Join Date
    Jul 2003
    Posts
    18,481
    Thanks
    1,016
    Thanked
    3,208 times in 2,281 posts

    Re: Sales of goods act letter, someone help me please?

    Quote Originally Posted by snootyjim View Post
    Where's the rest of the post gone Saracen?
    The migraine I've had for about three days ate it.

    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.

Page 2 of 5 FirstFirst 12345 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Text messages from debt collection
    By Agent in forum SHOPPING AND CLASSIFIEDS
    Replies: 22
    Last Post: 24-08-2010, 12:59 PM
  2. Restocking fee of 25% WTF! Can they do that?
    By malice19 in forum SHOPPING AND CLASSIFIEDS
    Replies: 38
    Last Post: 07-11-2009, 04:19 PM
  3. SCAN bad for RMA's?
    By firsttimebuyer in forum SCAN.care@HEXUS
    Replies: 120
    Last Post: 20-11-2008, 04:50 PM
  4. Sale of Goods Act
    By blueball in forum General Discussion
    Replies: 29
    Last Post: 24-09-2008, 02:52 PM
  5. cod4 Thread
    By j.o.s.h.1408 in forum Gaming
    Replies: 78
    Last Post: 14-12-2007, 05:08 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •