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VERY, computer returns problems


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Hi guys,

 

Just trying to get a quick heads up as to where I stand legally on this situation with online retailer Very.

 

at the beginning of June I purchased a HP Omen desktop pc for £1200 along with a 32 inch HP Omen monitor. The computer was a reasonable specification, not the top end, but the advert implied that the computer could be easily upgrade, the exact wording was as follows;

 

'This gaming PC can evolve with you too – with tool-less access to the hardware, you can crank up your gaming power by customising the specification when the time comes.'

 

I understood this to mean that upgrading the computer later on would be easy decided to purchase.

 

Unfortunately when the computer arrived I saw that this wasn't the case.

The layout was unlike any other pc I have owned with a cage/chassis mounted onto the graphics card and the other components,

optical drives,

hard drive connectors etc all connected to this mount.

 

The memory banks were directly under the mount too

so even something as simple as adding more memory would require the complete disassembly and removal of the mount,

the unattaching of all fans,

drives,

processor etc

that were connected to the mount

and the removal of the graphics card afterwards,

 

then reassembly of all components,

connectors,

mounts etc afterwards.

 

This is far beyond what I would consider an easily upgradeable system.

 

I contacted Very and asked to exchange it on the grounds that it wasn't as advertised.

 

The person I spoke to was very helpful and apologetic,

telling me to return the computer via the free Collect+ service

 

then he sold me a much more expensive model,

with a bigger,

plug and play style casing that is indeed easily upgradeable.

 

I received this computer 3 weeks ago and am very happy with it.

It cost £1600 and I've already paid £400 off of it.

 

three weeks later I have had the original machine returned to me (at my expense) on the grounds that it's not actually returnable unless faulty.

I now have TWO computers.

 

I have called them multiple times

each time they are very helpful and tell me they will sort it.

 

Then they ring their returns department who tell them,

no I cannot return it,

even though one of their member of staff authorised me to do so AND sold me another computer.

 

I am wanting to know what my legal rights are in this situation?

They have are telling me I now have to have BOTH computers because their employee was at fault in authorising a return.

 

Surely this is their problem not mine?

And if she shouldn't have authorised the return,

then surely selling me a replacement under those conditions is wrong as well so that would void their returns policy in selling me a replacement.

 

I've been trying to resolve this for the past week and have reached an impasse.

I would think in this circumstance I can legally demand they return one of the computers as the error was theirs not mine,

and they certainly shouldnt be able to enforce the purchase of both systems, totalling £2700??

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if you alerted them within 14 days that the org PC was not suitable

then under CRA you should not be charged for the pc nor returns cost

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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I got a call from their complaints team today.

He said unfortunately there is nothing he can do as their guarantee states non refundable.

 

 

He said he has escalated it to head office but it might take 6 to 8 weeks to get a decision, and even then he doesn't think they will change their mind.

This seems utterly bizarre to me.

 

 

They have already authorized the return previously AND sold me a replacement so I don't possibly see how a small claims court will find in their favour given that they previously said I could return it.

 

I was wondering about contacting them and telling them that I don't want their computer in my house and that my providing storage of it due to their refusal to collect will incur a £2 daily charge.

 

 

If I tell them over the phone and then write to them via recorded delivery I don't see how my storage charge is any less lawful than their home approval guarantee once they have told me I can return something.

 

 

Then if it goes to a small claims dispute in 12 months time I will request payment of my storage fees, that they have been clearly made aware of, and by refusing to collect, have consented to.

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I got a call from their complaints team today.

 

Did you record the call?. If not, stay off the phone!.

If it comes to it (court, or a S.75 claim - see beow), you want a record of who said what, when ...

 

You need to write or e-mail, stating that their terms and conditions cannot over-rule your statutory rights.

Firstly, you advised them you wanted to return it within 14 days, as the CRA allows, and then returned it.

Secondly, even if it hadn't been within the first 30 days, this was a 'sale by description', and the item wasn't as described ('easily upgradeable'), this being a key point of sale.

 

How did you pay? (if by credit card, the credit card company is equally liable under s.75 of the CCA)

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Hi BazzaS,

 

Thanks for the reply.

It was purchased on By Now Pay Later (12 months)

I haven't actually paid for the computer yet.

 

 

I contact them within 24 hours by their email accounts query although they didn't respond

 

 

after three attempts I rang the number it said to ring to discuss returns on that product.

The guy on the phone told me I could return it providing I deleted all personal details, user names, passwords etc.

 

 

He then told me I would be contacted within 2 hours by somebody to arrange a collection.

Nobody called me back

 

 

the following day I rang again and spoke with a woman.

She explained that their computer system that processed returns was down and that is why nobody had contacted me.

 

 

I discussed it with her and she said I could return it via the collect + route provided I had the RMA labels still that came with the item.

I did so attached them to the box and returned via the local collect + partner store.

 

 

In the same phone call I also told the woman there was a better (£1600) model from Zoostorm that I would like to exchange it for that was currently on offer on their website at a 10% discount provided you bought on 12 months BNPL.

 

 

She told me she could set this up for me over the phone

I agreed to purchase this computer and later then day returned the old other one.

 

Fast forward 3 weeks and some local neighbours turn up at my house with the old computer.

It had been returned although to the wrong address.

 

 

I live in a Flat 2 Lindley and they returned to a Flat 2 Kingsley Manor which is an entirely different house across the road from me. If they hadn't have brought it over I wouldn't even know it had been returned.

 

I mentioned the consumer rights act to them today on the phone

the guy said there was nothing he could do and he would escalate to head office.

 

 

No I haven't recorded any phone calls.

Do I need to get in touch with any organisation or ombudsman at this point, or just wait until I hear from their head office?

 

To make things even more annoying the guy today told me that because I ordered the second computer over the phone the 10% discount does not apply as it was to online orders only. I explained that the Very seller told me she could create the order online for me but he basically just said it was tough luck.

 

I now have two bones of complaints,

to enforce return of the first computer, and get the £150 discount applied to to the second computer I ordered.

 

 

I have to say I am appalled by their customer service at this point.

Surely if a member of their staff incorrectly does something then that is THEIR problem not mine.??

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they called on a sunday?

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 BazzaS,

 

Thanks for the reply.

It was purchased on By Now Pay Later (12 months)

 

Do you have any paperwork for who the Buy Now Pay Later is with?.

If it is a finance company, let them know what has happened so far, that you have THEIR computer .......and ask them how they'd like to have their property dealt with.

 

 

I had similar (17 years ago!). I bought a computer (all bells and whistles) from Time, also on a 0% finance deal, and paid more to upgrade the 'free' computer desk, as I had limited space, and wanted to fit printer, monitor and all on one desk..

I ordered in one of their stores.

 

Computer itself was fine (if not great value), but they delivered only the basic desk. I contacted the store, who washed their hands and said "we only sell them, you'll have to speak to head office".

 

I explained it all to head office.

 

They came and took away the 'basic' desk, replacing it ..... with one of the same.

I gave them 2 weeks to provide the correct desk .... no joy.

 

I offered to go out and buy an equivalent desk if they refunded me for the price of the basic desk and the 'upgrade fee', as I found a desk for that sum, and they could collect the desk I hadn't ordered ; they said as the 'basic' desk was 'free' they couldn't do that.

I pointed out that I was entitled to be put in the position I would have been had they supplied the correct desk, and upgrading the desk had been an integral part of the contract, as I'd made it clear I needed the 'better' desk to fit everything onto it. They wouldn't budge.

 

I noted that as they wouldn't budge, as they'd had a reasonable time in which to sort it, I'd have no option but to rescind the contract, box everything up, and return it to their store (as they wouldn't arrange to collect it). They laughed at me.

 

I got a friend to act as witness that the computer was working and undamaged (taking photos). I boxed it up (taking photos).

I waled into their store and placed the boxed computer and desk in the store (taking photos!), and offered that the (bemused!) staff could inspect the computer for damage and functionality with me there ...... they declined. All this was witnessed by my friend.

 

I walked out, and wrote to the finance company, explaining why my contract with them was at an end.

It took a few months of writing to the finance company, asking them to confirm that I didn't owe them any money, but they confirmed it in the end ......

 

Time [computer firm] went bust. Whilst I could feel sorry for some of their staff, I didn't mourn their passing, nor the fact that the member of staff who laughed at me will have lost their job. If you treat customers badly ........

 

Having it on finance strengthens your hand, as the finance company is as liable as the retailer.....

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Very Catalogue Orders Bazz

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

Thanks guys.

 

 

Yes as dx100uk says it is Very,

they are a huge online sales company (and I think own Littlewoods and maybe Curry's too?)

 

 

I'm guessing there is no finance company but rather them direct.

BTW dx100uk yes they did ring today, on a Sunday!

 

 

It's really weird as it seems that some departments of Very are trying to help me get it sorted but then the returns department is point blank refusing to take it.

 

 

I will definitely try and see if they have a finance division then and contact them.

I'm sure they don't have a legal leg to stand on once a member of staff has said I can return it and then sells me a much more expensive model to replace it with?

 

 

I mean if they were in the wrong to authorise a return they were equally wrong to sell me a replacement so I presume it is my legal right to return the replacement as it was an illegal sale conducted under false terms and conditions...

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Very Catalogue Orders Bazz

 

Ahh, Very are a catalogue.

http://www.very.co.uk/privacy-terms

 

It appears the contract with the retailer is with Shop Direct Home Shopping Limited ("Shop Direct"), whilst the finance is with Shop Direct Finance Company Limited ('SDFC'). both being subsidiaries of the Shop Direct group of companies ("the Group Company/Companies").

 

Refer them (both!) to their T's and C;s, para. 17 ....

17. Under the Consumer Credit Act 1974 you have the right to sue the supplier, us or both if you have received unsatisfactory goods or services paid for under this agreement costing more than £100 and less than £30,000.

 

They are equally liable.

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as it was a distance sale you dont have to give a reason for returning it as long as you notify them that you are doing so within the correct time and it appears as though you did just that.

 

Are they taking the money as a single payment or two?

If the latter simply stop the debit and let them know in writing why you are doing this and tell them that the returned unwanted one is unsolicited goods and dont belong to you but to them and they can make the arrangements to collect it.

 

They will undoubtedly continue to get this all wrong so dont expect anything to happen quickly but keep everything in writing.

 

Once you have to get into the legal battle it will all become easier but they will get a lot of things wrong before you get to that stage and that may include erroneous reporting on your credit files so watch out.

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