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andylondonuk

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  1. Thanks for your advice everyone, so we should be OK as we are, I feel a bit happier now. The fixed term is only six months anyway.
  2. Just that the contract may not be legally binding and that, in the unlikely event we had to go to court for any reason, we'd be relying on a statutory tenancy. For example, the tenancy agreement grants a minimum term and if it was not valid, we would have no minimum term?
  3. Hi, thanks everyone. I just checked over the contract again and there doesn't seem to be anywhere for the tenant to sign the copy from the Landlord (it just says Landlords signature). I can't remember if this was the case with the one we signed (i.e. just space for us to sign), the copy is at home so I can't look right now. I'm a little concerned now, I just thought that it was a different way of doing it (it's a major letting agency, so I assumed they'd know). However, I'm aware that a tenancy is created regardless and we can't just be kicked out But, just out of interest; would a judge not take the contract into account, as we have a copy with the landlords signature on, so he couldn't claim there wasn't one? Do they need to be originals to be binding, or are copies OK?
  4. Hi, I have, what I hope, is a simple question. We've just entered into an Assured Shorthold Tenancy agreement and moved into the flat. When we signed the tenancy contract, ours were the only signatures on it, so I expected to get a copy with the landlords signature on it. When we did, it was another copy of the contract with just his signature on it and not ours (and it was a scanned copy via email, not original). So we have no contract with both our original signatures on it, is this a less common practice, I've never seen this before? Is it still legally binding? Previously, we've always signed two copies of the contract, which either included the landlords signature already, or his/hers was added and forwarded on to us later. Thanks, Andy.
  5. I decided to send one final email to technical support, I wanted to give them a final chance to answer my questions. I re-iterated everything and added the comments about the refund being for the License, not the software. I also asked that if they where unable to answer all my questions, to provide me with details of how and who to escalate the matter to. I don't expect much from them, based on current experience, so will see what they say.
  6. LOL .. yeah couldn't make it up They just replied, re-iterating the procedure for a refund .. send laptop in .. pay £51.99 .. cheque will be sent for £33.95. They also re-iterated the 30 day limit. They mentioned nothing about the call centre again, gave me no reference number and still have not answered any of my questions. Getting annoyed now! I get the distinct feeling of going round in circles. Wondering whether to include the reference to small claims court in this reply.
  7. Lol, I just like to be prepared I called Acer and the agent I spoke to, first of all had no idea what I was talking about, then when he understood, he said that a refund was not possible. I explained the email conversation said it was and what the value of the refund was. He asked for a reference number or the serial number of my laptop. Now, I've never had any reference numbers in any of the emails and they've never asked for my serial number, so no reference and the serial number would be useless. He said without a reference number or serial number he could not help. I've replied to the email asking them to provide a reference number to quote to the call centre. Surely the person who sent the email would have known that this would be required and could've provided it for me, rather than me waste a 12 minute call at 35p/minute!
  8. Reply from Acer: Please contact our dedicated call centre below this email who will be happy to assist you with this. Not quite sure what to make of this. Whether it's them realising I'm not giving up and they can't fob me off, or something else? Only one way to find out I guess! They've still not sent the Microsoft form they keep referring to. I've asked twice now. Oh and .. sorry .. I forgot to mention something else I said in my email. I commented that I thought the cost of handling the refund seemed disproportionate to the refund itself and it would actually result in a cost to me. Maybe they realised I can do maths? Will need to go through all the comments again to prepare for the call. Make sure I'm ready for anything they throw at me.
  9. Just a thought, is it worth mentioning Trading Standards at all, as well as Small Claims Court?
  10. From what I can see this requires the shop to sign a form? I purchased my laptop on-line, so this is not going to be possible. Although Acer did mention there is a Microsoft form to fill in, not sure what this yet. Thanks for the tips with the license sticker I basically said in my email that I had video footage and offered this as an alternative to sending the laptop to them. I also asked if it's possible to get an electronic copy of the Microsoft form they refered to. If I get nowhere after this, I'll start mentioning the fact it's the license that's being refunded, not the software, is that correct? So there should be no need to return the laptop? If they still refuse then next step is to mention Small Claims Court and bringing laptop as evidence? I don't want to drag it out too long as I'm concious of the 30 day limit, which they also mentioned to me. I purchased the laptop on 30/09/2009, so with the emails going back and forth (plus weekends), I've used 12 days so far, only 18 left!
  11. I would just like to say thanks to everyone for their comments, expecially GraceCourt and human.error. I was extremely tired over the weekend, so apologies if any of my comments seemed a little erratic or odd! I certainly don't confess to having any legal understanding whatsoever, hence the reason I came here GraceCourt, regarding your advice about video footage. Sorry, I think I may have forgotten to mention that I did take footage of me getting to the EULA and then installing Linux. Although, the format of the accept/decline is different to previous versions I believe. It's now just a tick box that you have to tick to accept. If you don't tick the box, the "next" button will not work. So I simply filmed it get to this point, show me trying to click next and it doing nothing, then switch the machine off (only option left) and installing Linux. I filmed the entire process. So if i understand correctly, I'm not actually obtaining a refund for the software physically on the drive, but for the license itself (essentially the sticker on the bottom), which Acer has paid or will pay on my behalf to Microsoft? As I have not accepted the terms of the license, no contract exists between myself and Microsoft (via Acer), therefore Acer paid Microsoft on my behalf under a non-existent Contract? Like andydd says, this has got complicated, so sorry if I'm not understanding correctly I'm going to reply to Acer and suggest forwarding the video footage (and the license sticker) as an alternative and see what they say. Any other suggestions what to include in the email? Should I also point out that it's the license being refunded and not the software? Thanks, Andy.
  12. Not simple. I specifically asked for the laptop to come without windows pre-installed, I told them I didn't want it, but they said they cannot do that. I asked if they sold any without windows, they said no. Everywhere I tried to buy a laptop I got the same answer, that I had to have windows, there was no choice. This is the key word "no choice". Why should a consumer have to go to such great, almost impossible lengths to avoid Microsoft and accept less for their money? Do you think this is acceptable? Why do they allow you to modify the rest of the specification, memory, processor, video card, etc., but not the OS? Why not the OS, what are they afraid of!? It's not like I'm asking them to understand or support the OS I choose, just supply it without one! But I can remove windows, in fact I have. Why is it ridiculous? Such a stupid thing? You mean consumer rights? The right to choose freely, without being heavily influenced by a major company like Microsoft? The right to not have Microsoft dictate that everyone user their software? Of course I see that. I didn't buy it separately. But I didn't want Windows bundled, none of the major stores/manufacturers give you the choice to not have it installed. What, offering to look at my laptop at a cost of £18.04, with no real benefit? I wonder, if all the major stores asked the question "Did you want that with Microsoft Vista installed?", how many people who had never heard of or even realised there was an alternative, would wonder what the alternatives where. Then if they where told some of the alternative where free, what they would say? Quote from BBC News: "In early 2008, Microsoft was fined 899m euros (£765m) by the European Commission for anti-competitive behaviour over bundling in the media player and browser into Windows." IE is a free download, what would people say if they became aware there was a free alternative to the OS itself? Is this not the same principle, in fact possibly worse as money is involved? Windows is bundled on the vast majority of computers sold, with no other choice available. Surely that can also be considered anti-competitive? Sorry, rant over, I'm getting down of my soap box now
  13. Just got another reply from Acer. They will refund me £33.95 for Windows Vista Home Premium, as long as I pay them £51.99 to return it to them to check it has been removed! So, let me get this straight, they want to charge me £18.04 to see that I have indeed removed Windows Vista as I said I did and nothing else! I read somewhere that all Microsoft requires to process the refund, is the licence certificate from the machine, as without it, the license is no longer valid. Can't remember where though
  14. Partially good news, just got this from Acer: We can refund the copy of Windows, to do this we would need to have the unit brought down to us to wipe the hard disc and some Microsoft forms filled out by you. This costs £51.99, from there the refund for Windows then be sent out to you. Well as expected, they asked me to send the laptop back to them to be wiped, at an additional cost. As I said to them in my original email, I have already wiped the drive myself and installed Kubuntu Linux. They didn't say how much the refund would be either, but I'm guessing it won't be more than £51.99. If the refund amount is less, then essentially I'm being asked to pay Acer to take my laptop away for some time, do nothing with it (as I've already done it) and then return it? Why!? What difference does it make if I do it, or they do it? As there is really no obvious difference, the only other possibility, is they want to put me off getting the refund Putting all this aside, I'm actually quite pleased that I got this far so quickly! I've sent a reply repeating that I've already wiped the drive myself, so sending it to them to repeat this seems unnecessary, I should just need to return the Microsoft forms (whatever they are!?). I also asked them to confirm the refund amount.
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