Any help guys? I'd like to get it sent off tomorrow :)
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Any help guys? I'd like to get it sent off tomorrow :)
I would add something like:
"I hope that you recognise your legal obligations so this can be settled amicably without involving a small claims court."
OK, sorry if it's too late and you've already sent the reply, but here's a few thoughts:
Firstly, their latest letter is simply repeating what they said previously. Don't keep arguing back and forth over the details, it achieves nothing and just makes you look weak and unsure of your position.
Secondly, I'd lose the paragraph about the packaging - the whole issue looks to me like a red herring, which they only threw in to make you believe that your case will stand or fall on proving when/where/how the outer box was damaged. There's no way of establishing this, and it shouldn't affect the validity of your claim anyway, so don't play their game. In fact, your admission that you "didn't immediately notice" the damage to the box looks a bit odd and, if anything, detracts from your overall credibility.
Thirdly, and most importantly, I doubt very much that your letter will achieve anything as it stands, as you still haven't made a *specific* demand, to be implemented by a *specific* time. All you've done is repeat a "request" for action to be taken at some undetermined point, and since they've already said they intend to do nothing, I'd be very surprised if they suddenly had an epiphany and changed their minds.
If I were writing the letter, it would be something simple along these lines:
Quote:
LETTER BEFORE ACTION
Dear Sirs,
I am in receipt of your letter of xx-xx-xx, in which you repeat your intention to disregard your statutory responsibilities under the Sale of Goods Act 1979.
Please be advised that I require reimbursement in the sum of £££.pp, being the purchase price of the defective goods plus various additional costs incurred by myself in dealing with this matter (see attached breakdown). Should you fail to comply by close of business on xx-xx-xx, I shall issue recovery proceedings in the County Court without further reference to you.
The defective goods are available for your collection at a mutually convenient time. Alternatively, I can arrange for their return at your expense.
Yours etc.
On a more general note, I think now would be a good time for you to step back and decide whether you really want to push this to the wire - for instance, several people here have mentioned Money Claim Online, which does indeed make it very simple to issue a claim, but legal action should never be taken lightly and you shouldn't lose sight of the fact that they *could* put up a defence, in which case you *could* end up having to present your arguments in person in front of a county court judge. It's a relatively informal procedure and really nothing to be frightened of, but it can be intimidating if you're unfamiliar with the court system, and you do need a certain amount of self-confidence to carry it through.
I'm not trying to frighten you off by any means, and it's unlikely it would come to that anyway, but you do need to be prepared just in case, so don't let a bunch of keyboard lawyers (I'm including myself in that category) egg you on if you're not entirely comfortable with the potential consequences. :)
What exactly do I have to lose though? The company stung me for an additional £22 odd for their shoddy "testing procedure" which basically involved the rude person who hung the phone up on me taking it out of the box and going "oooh its bent, warranty void"
Nothing but your time :)
Any news, did you get satisfaction?
This makes for some shocking reading! Certainly wont ever use them, I will stick to the usual suspects.
Holy thread revival here-
I just thought i'd finally update. I had no luck with this threatened them with further action and still no joy. In the end due to a close family members illness I gave up and just sold the board as b-grade for around £10 less than I paid for it.
Little update guys -
Other people are having the same problems as I did -
http://forums.overclockers.co.uk/sho...php?t=18335812
http://forums.overclockers.co.uk/sho...php?t=18335840
It may well be that they did bend the pins but have read a few reports on the net with asrock boards and bent pins mentioned!
Surely there is something people can do to stop them pulling this trick?