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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Hard Drives failed, little support


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Dear Community

 

I purchased 5 x Western Digital (WD) hard drives, and I assumed that the manufacturers guarantee/warranty applied (the retailer, before purchase they never made me aware that there were support differences or exclusions when buying the product.)

 

One hard drive failed after being installed for 10 months, I unpacked 2 unused backup hard drives bought in the same batch and tried to replace the faulty hard drive only to find that they were both faulty.

I then Identified that WD had a batch of faulty drives which were manufactured in the same period as my drives.

 

I contacted the retailers support immediately and just before 1 year had expired, they agreed to replace the hard drives in a 2 stage operation to avoid data loss.

 

After sending 2 x drives the retailer wrote to me explaining to me that they could only refund me part of the cost of the drives. I then complained in writing. They say that 6 months has passed.

 

Recap: One drive failed at the 10 month point, the drive is innactive much of the time because of power saving function.

Two Drives never functioned without error, I do not have extra equipment to test them, and they were bought as back up drives.

 

Could you please advise me regards to this situation, it seems as though the retailers terms and conditions are heavily in favour of the retailer. I found out later that hard drives with and without manufacturers support are sold and described equally. The retailers support firstly asked me to contact Western Digital RMA to resolve the issue, WD offered no support, it seems as though the retailer do not hold accessible records with regards to who is responsible for support, they find out when WD offer no support.

 

This seems crazy, how can a consumer be expected to guess what type of support is available before purchase?

 

Thanks Illy

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RE: reversed burden of proof

 

I have sent the retailer links from the Western Digital forum and others, identifying the problem with this hard drive which coincides with the manufacture date. This should be proof that there was a problem when I received the drives.

I could not test the hard drives until now though, I had no hard drive slots available.

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Hi

If you had checked the drives within the first 6 months then you would have more rights than you do now. After 6 months, it is down to the buyer to ascertain they are faulty through manufacture. The fact that you didn't unpack them until after the 6 month mark is not the sellers fault and as such, they can offer a partial refund because even though you haven't used them, you have had them for this amount of time and if this went to court or you asked Trading standards, they will say that you have had 'enjoyment' of the product.

 

Just my opinion of course

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if its a known and manufacturer acknowledged fault at birth

they should be replaced with new

 

it this instance, having done it myself with drives in my 'my webbook ' device too

 

just contact WD with the series numbers

they will post out new drives FOC.

see their website or the alert emails they put out.

 

dx

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you everyone.

 

WD normally offers 3 years warranty on their hard drives.

With this purchase, I have only just found out that the Western Digital site reports that I have : "No Limited Warranty - Product was originally sold to a system manufacturer. Please contact the system manufacturer or the place of purchase for warranty service."

 

I was unaware of this at the time of purchase.

 

the retailers terms and conditions state:

Where we are not the manufacturer of the Products, we will endeavour to transfer to you the benefit of any warranty or guarantee given to us in relation to the Products.

 

How can a company expect me to enter a warranty lottery, the customer is not to know if or if not a manufacturers warranty exists until the products have been purchased. This can surely not be correct, they must have an obligation to tell a customer if the warranty differs from the manufacturer before purchase, or not?

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ok then back to SOGA then

 

its a acked manu fault

it should be replaced FOC by the retailer

they then seek refund from WD.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Illy

 

Your first port of call is the retailer, who did you pay your monies to?

 

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

 

Provide the proof to the Retailer.

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Thank you everyone for their help,

 

I feel so empowered understanding that I do indeed have manufacturers warranty, it is simply up to Ebuyer to stop messing me around.

I am also a little less confused about how the law sees this transaction and resulting problems.

 

Once again,

 

Thank you all

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DSR plays a part here to

but you might be out of time on that now?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have made some sort of headway.

Ebuyer ignored my prompt rejection of a partial refund as a solution.

 

I requested that they return the hard drives to my possession.. I then received a prompt mail stating that they will endeavour to locate the hard drives, but the hard drives may no longer be in their possession.

On the other hand, I contacted Western Digital support by telephone this time and I was pleasantly surprised. They were aware of problems with Ebuyer support, and they offered me replacement refurbished hard drives because they had 2 years warranty.

 

All I need to do is wait for Ebuyer to return my hardware, then I can return them through their RMA process and receive working drives.

I really would not have gotten this far without all your help!

Make up your own mind about the support I received from this retailer!

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glad to point you in the right direct

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Bad news Guys

 

Ebuyer cannot return my hard drives; they have sent them to another company.

 

I did refuse their offer of a partial refund, and told them I will be contacting Western Digital (the hard drive manufacturer about the problems).

Apparently I took too long to come back with Western Digital~s reply!

 

I have contacted the Western Digital support staff member again, the one who was going to replace my hard drives, and the one who knew about all the problems with the supplier.

 

Has anyone any more suggestions?

 

Thanks

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Bad news Guys

 

Ebuyer cannot return my hard drives; they have sent them to another company.

 

I did refuse their offer of a partial refund, and told them I will be contacting Western Digital (the hard drive manufacturer about the problems).

Apparently I took too long to come back with Western Digital~s reply!

 

I have contacted the Western Digital support staff member again, the one who was going to replace my hard drives, and the one who knew about all the problems with the supplier.

 

Has anyone any more suggestions?

 

Thanks

 

eBuyer, in essence, have lost your property then (as you've declined a partial refund). Have they paid any monies to you?

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1 . RMA correspondence

2. Telephone conversation to technical support, this is where we arranged to replace two drives first, then send the remaining drive once I received the two new ones.

3. Once they received my 2 drives I received this email

"Following extensive tests by our Returns staff, this item was found to be faulty. Therefore a refund will be issued once the RMA has been closed.

As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested."

4. I replied to this email and sent an eNote (just in case )refusing to accept the refund, asking them to honour the manufacturers warranty.

 

5. I have not detected any refund on my personal account. I am not sure how I paid for the hard drives I could have used someone else's account.

They didn@t ask me for my bank account, so I just thought that Ebuyer were still processing my complaint and refusal to accept a partial refund.

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I have just had an email back from Western Digital (WD) RE: the 2 x hard drive replacement for the drives lost at Ebuyer.

 

WD cannot give me new drives without the old drives.

 

My CAB is open in the morning, is it worth goint there for some face to face advice?

Edited by Illy
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get the name of the other company then

or ask ebuyer to contact them and for them to contact WD

giving ref no. XXXXXXX

 

its only a case of X getting to speak to Y.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you

 

I wish I had been able to think outside the box,

 

I have asked them to action the above idea, fingers crossed and thank you for the suggestion.

I also notified the that if they transferred any money, then I have not received it or I have no access to it.

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Ebuyer responded:

 

"I have spoke to the appropriate people and these drives have been sent to be destroyed to protect any data of yours that they may contain to be destroyed. This a is done in compliance with the data protection act. We are unable to disclose any information about this company.

 

In regards to the partial refund this was the best resolution we could provide in this situation."

 

It looks like I have 2 less hard drives now, by the looks of things, Ebuyer has transferred some money to the account used to buy the goods (not my account).

I will have to wait some months until the person comes back, they are not willing to take back the money which I have refused as a solution to the problem.

They just ain't bothered.

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send that to wd

 

make it clear that you did not authorise the distruction nor the partial refund

but both of these were done without your knowledge or involvement.

 

as they have been distroyed beyond yourcontrol

where do you stand regarding the wd replacement warranty

 

i hope all this is in email and not via the phone.

 

there are still other routes of recourse

but lets see if sese prevails

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you dx100uk,

 

I have just sent WD this information. Thank goodness only one person is responsible for dealing with the incident at WD.

 

The only thing I do not have in writing, is the support call to Ebuyer Tech Support regarding further processing of the RMA.

This is where the tech guy told me that the hard drives were confirmes as defective and to send the 2 drives to Ebuyer, wait for replacements and then send the remaining drive at my own cost when the replacements arrive.

 

I really appreciate this guys!

Without this help I would have certainly started to feel ill and helpless.

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good news moving fwd then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Just a little update.

 

Western Digital have agreed to replace 2 Hard Drives, I only have to send them one drive back.

I am still awaiting for the RMA to go through though.

 

With Regards to Ebuyer, I mailed them yesterday after not being able to identify any part-refund, I was just trying to find out which account money was paid to.

Ebuyer then told me that no refund had been issued, they then processed a refund, there and then.

This meant they destroyed my drives without compensation up to today.

They deducted approx £11.00 per drive which I can live with.

I guess I can reolace one drive with the refunded money, when WD actions the RMA on my side, I should have been able to replace all 3 drives with no significant loss to me.

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hey at last

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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