Sales of goods act letter, someone help me please?

[mike306dt]

Hi all,

I purchased a motherboard a few weeks ago now, which arrived damaged in the top corner. I rma'd it to the company concerned and they declared warranty void on it as the board was damaged (Well YES thats why I sent it back). Also had one support worker hang up on me, though I've read of them doing this before.

Just wondering if anyone can check I've written everything I need to in here?

Address stuff here


Letter Dated as postmark

To Whom It May Concern, regarding RMAxxxxxx

The Sales Of Goods Act 1979

I purchased from you on the 26th October 2009 a motherboard (item code xxxxgives the game awayxxxxat a price of £114.77 plus V.A.T) which was delivered to me damaged.

• The damage to the top of the motherboard was not consistent with any outer packaging damage, and I only discovered this upon opening the box.
• The damage means that the goods are not of satisfactory quality.
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

After many attempts to resolve the matter with your xxxx-company contact system-xxxxx system, and having to pay carriage to send the board back to yourselves and then back to myself again I am unsatisfied with the outcome.

I respectfully request a REFUND or REPLACEMENT of the motherboard concerned.

A response to my letter within a period of fourteen (14) days to the postal address above, not via email or telephone is required please.

Yours sincerely



My name!!

[abaxas]

Obviously you paid using a credit card.

If you did, your first port of call is the CC company,who will suspend the payment to the retailer.

If you didnt pay by CC, then I'm sorry. I cant help stupid people.

[jim]

Obviously you paid using a credit card.

If you did, your first port of call is the CC company,who will suspend the payment to the retailer.

If you didnt pay by CC, then I'm sorry. I cant help stupid people.

His first port of call may as well be the firm who he bought it from, at least give them a final chance to rectify the problem without getting the CC company involved.

And your third point doesn't really make sense, considering that there are a lot of people who don't have credit cards.

[GoNz0]

Obviously you paid using a credit card.

If you did, your first port of call is the CC company,who will suspend the payment to the retailer.

If you didnt pay by CC, then I'm sorry. I cant help stupid people.

to be frank your a bit of a cock,

not everyone can get a credit card, and plenty of others don't want one.

[dave87]

Chaps, can we refrain from the personal insults please?

[Phage]

Aaaaanyway....the letter seems fine. If you're worried, there are templates to can download or the CAB will probably have them. Also, you probably have return rights under the DSR as well.

[mike306dt]

How I paid is quite frankly irrelevant. I paid by debit card for reasons I shall keep to myself. I've tried and tried with the retailer, who are well known by many people here. They today are sending the board back to me "warranty void". If you look at the date of purchase in my letter you'll see this has been ongoing for some time.

To the rest of you who are more helpful, does the letter convey the correct message to the retailer when I post it?

Thank you

[mike306dt]

Chaps, can we refrain from the personal insults please?

Didn't intend to start a flame war, my apologies.

Just wish I'd got the whole order from scan!

Edit : Would it be reasonable for me to order a motherboard from scan and ask for a refund not replacement, as I currently have a 5850, lots of memory and a cpu here that I can't use. I needed it all for my degree.... ahem.... I want to play my games!

[Krakkenbus]

Get on the phone to watchdog!

[jim]

I don't think you can specify which one (out of replacement/refund), so you may just get lumbered with a replacement - which you'll then have to sell second-hand.

At the end of the day the letter is fairly clear and concise, so I don't see anything wrong with what you've done. I'm not sure there's much else to do other than state the facts and your requirements.

By the way, if you didn't know there is a method of recourse via debit cards as well, in similar fashion to the credit cards but not grounded in law. If this doesn't get anywhere, that may become of use to you.

[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.

[dave87]

Couple of things:

When did you highlight the damage to them? How did you do it?
Was the outer box damaged?
What did they respond with?
The RMA, how was it handled? What was it returned for, what were they expecting?

Cheers,

[Phage]

DSR regs.
http://www.opsi.gov.uk/si/si2000/20002334.htm

Also. Consumer Direct.
http://www.consumerdirect.gov.uk/aft...rs/dsr_letter/

[dave87]

Your rights under the DSR are additional, and if you wanted to reject the goods under the DSR, the relevant timeframe would have passed by now. You can use them, but you have to do it in a specific manner, and within that time frame.

The Sales of Goods Act is the right way to go (though IANAL).

[mike306dt]

Couple of things:

When did you highlight the damage to them? How did you do it?
Was the outer box damaged?
What did they respond with?
The RMA, how was it handled? What was it returned for, what were they expecting?

Cheers,

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)

[mike306dt]

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.

Thanks for your more polite response! I do have a credit card, I just chose not to use it They are supposed to be a 'honourable online retailer'.....