Warranty; I am right to kick off?

Discussion in 'Serious' started by Instagib, 26 Nov 2010.

  1. Instagib

    Instagib Minimodder

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    Hi all.
    I just wanted to relate a problem i'm stuck into with a little computer store (i won't name them). Here is the letter i'm going to send them tomorrow. You can get the gist of the issue from the letter.

    Now, i'm a very reasonable and laid back person, but this "gent" i spoke to last week was just out and out rude. He infuriated me by his attitude to the situation and the attitude he took towards me. He needs a (legal) slap so that he knows he can't treat people like that and get away with it.

    I'm not in the wrong here am i? I don't think it is quite destruction of property. How far do you think this can be taken?
     
  2. Pieface

    Pieface Modder

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    Don't you mean the latter?
     
  3. Instagib

    Instagib Minimodder

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    sugar, good spot. cheers
     
  4. Pieface

    Pieface Modder

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    To be honest, it just sounds like he stole your Hard Drive if it's at his house.
     
  5. PureSilver

    PureSilver E-tailer Tailor

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    How did you hand something back and then not question them for seven months?!

    That said I reckon they owe you a hard-drive.
     
  6. specofdust

    specofdust Banned

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    You're right to kick off. Prepare yourself for a small claims action, read up on the basics of it. Keep going as you are, if you don't get a satisfactory response, talk to the CAB, if they can't help, launch a small claims action. Once done, report them to every regulatory body and complaints agency available - not to mention your local councilman or MP.
     
  7. BRAWL

    BRAWL Dead and buried.

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    This.

    Seriously that makes them sh*t bricks... tis quite amusing.

    I cannot for the life of me believe they'd do that, but "Some stuff maybe at home"? Sorry what the hell is my stuff doing at your house? I'd go mad about that, if i took an iPod to be fixed or something and it ended up at someones house I wouldn't even write them a letter, i'd be discovering where said person lives telling them to get in the car with me in the passenger seat and going there to pick my stuff up. Thats just wrong.

    I think you're well within your rights to rant mate, but I'd have given them 28-days. Thats the usual length of time it takes, remember the first week it floats around in admin teams (every office is like that I swear) until it's allocated then takes 10 days to process mate. But go to the C.A.B and Trading Standards, speak to as many people as you can about it cause that's damn right wrong.
     
  8. Nexxo

    Nexxo * Prefab Sprout – The King of Rock 'n' Roll

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    First, you are never right to "kick off". You are right to file a complaint.

    The letter is very well written and covers all the salient points. However in the bullet-pointed paragraph, I would concentrate on point 3 only:

    • If an item is returned under warranty, it is your legal obligation to provide a replacement, a refund or a repaired item so that the goods were once again fit for purpose. I have received none of these.

    The rest is a distraction: your world against the shop assistant's, and a lot of back covering from the shop rationalising their actions which does nothing to help you get your drive back. Focus on the basics:

    • You bought a drive.
    • It started to fail within the warranty period.
    • You returned it to the shop to in accordance with warranty procedure test and if necessary repair, replace or refund the hard drive.
    • Seven months on, the shop has failed to do any of he above.

    I would not focus on what exactly they did do with the drive. Frankly that is not your problem, it's theirs. What you need to focus on is how they failed to meet their contractual obligations as stated under the warranty. I would mention the Sales of Goods Act 1979 just to concentrate their minds.
     
  9. BRAWL

    BRAWL Dead and buried.

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    :nono:
    Damn you and your understanding of the universe Nexxo. Although by "kicking off" I believe he meant complain.
     
  10. Nexxo

    Nexxo * Prefab Sprout – The King of Rock 'n' Roll

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    Naah, it's just the psychology of conflict resolution, which is part of my job. :)

    First rule is to stick to the main issue and not get sidetracked in irrelevant details. Before you know it there is a lengthy and heated disagreement about those irrelevant details when all you wanted is the main issue resolving. In this case it doesn't matter what the shop did with the drive. What matters is that he gets it back repaired, or an acceptable replacement.

    The second rule is to mind the language. The words you use determine the way you end up thinking. If you label your complaint as "kicking off" you set up the situation as a confrontation, while you want a resolution.
     
  11. Mattmc91

    Mattmc91 Minimodder

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    Nexxo, are you living proof of the fact that all-knowing cyborgs are set to rule the world?
     
  12. sparkyboy22

    sparkyboy22 Web Tinkerer

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    If your after advice on the letter I would bin the Citizens advice ref and go straight to threatening small claims court.

    All the years I was in retail, letters that spoke of citizens advice meant they didnt know what the next step was and I had plenty of time to ensure the business won as best as possible.

    Only downside of course is that you cant back down...
     
  13. Nexxo

    Nexxo * Prefab Sprout – The King of Rock 'n' Roll

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    Nope, I'm just good at avoiding topics that show up my ignorance. :p You don't see me post in the Electronics section much...
     
  14. BRAWL

    BRAWL Dead and buried.

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    I was thinking that earlier actually. To be fair Nexxo is a lone sniper... he can annihlate a single skull in such a fantastic way that makes people go "That was awesome"... I'm thinking second gunman on grassy knoll.

    I'm a walking death machine with 40 missles for rockets on my shoulders that annihlates everything but the very thing I aimed at >.<

    Sounds quite a good anaolgy of how Nexxo is and how I am... Lots of noise and explosions compared to precision and cold heartedness :p
     
  15. Instagib

    Instagib Minimodder

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    Okay, so the letter is on the whole fairly good and to the point. A little tweaking here and there, but usable.

    My next question is; what are the next steps? As mentioned by sparkyboy22, Citizens advise are pretty useless, I'm not naive enough to think they will come out with any resolution. A small claims case would be last resort after exhausting every other option. But what are my other options?

    And yes, forgive my colloquial use of the term "kicking off", I of course meant complaint. Although, in my defence, the shop attendant set the tone of the initial contact. He was immediately defensive and would not work towards a resolution. He was only interested in getting me out of the shop as I was a problem he did not want to/could not deal with. That's no way to run a business.
     
  16. Reitau

    Reitau WizD Rawks

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    Nexxo = Legend agreed.

    Also, a small buisness man doing shop renovations may very well take that 'home' I mean would you trust a third party with your goods?

    Under data protection law all data must be kept safe from prying eyes anyway, and as long as the guy is honest, which we will never know, all should be well.

    But, as a small retailer myself, I would simply give you a Sammy F3 1GB drive for free, which is actually an upgrade to some how apologise for the mistakes. The drive only retails for £40 but as you stated with the ever-varying HDD prices thats by the by.

    Hope you get it sorted out, hopefully its cut and dry enough to me?


    .... unless the old one was IDE then I may try and supply a used replacement and store credit for future purchases or similar....

    Alex.
     
  17. Instagib

    Instagib Minimodder

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    Yeah cheers mate. But it'll really come down to how difficult they want to be.

    It was a SATAII 500GB 7200rpm. Pretty bog standard really. It was overpriced when i got it, but they were convenient and i needed it.
     
  18. Teelzebub

    Teelzebub Up yours GOD,Whats best served cold

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    To the OP do you actually have proof that you returned the drive to them ie a receipt.

    Without said proof wouldn't it just be your word against their's
     
  19. Instagib

    Instagib Minimodder

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    It has to be said that no I do not. They offered nothing, and i was an idiot for being so trusting.
     
  20. Krazeh

    Krazeh Minimodder

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    Think you're going to have problems in that case if they decide to be difficult. Without any proof that you ever gave it to them I imagine you'll have a hard time taking any sort of further action against them.
     

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