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Dispute over pc system


Malovern
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Hi all,

 

I wonder if you can give me some advice on my rights with regards to a custom pc order from pcspecialist.

 

Timeline:

 

03 Aug 2009 - Ordered a custom pc from their website.

06 Aug 2009 - Pc arrived and found faulty - motherboard - would not even boot.

06 Aug 2009 - Pc Specialist notified.

07 Aug 2009 - Pc collected by DHL.

11 aug 2009 - Pc received by pc specialist.

13 Aug 2009 - Found out the motherboard was faulty. Requested a full refund, this request was denied, the item was repaired and shipped back to me.

 

14 Aug 2009 - Pc arrived and found to have a screw rattling around inside, the dvd drive not connected properly.

 

16 Aug 2009 - One of the two graphics cards fails. Again requested a full refund as by now it is clear they cannot supply a working system - again denied.

 

16 Aug 2009 - Sent a letter by recorded delivery demanding a full refund and giving them 14 days.

 

17 Aug 2009 - Received confirmation email that the same person who denied the refund is dealing with the letter. (so I expect the same reply).

 

My Bank, Halifax, (as I paid by CC) says while the trader is "assisting" me, they cannot do anything. I would just like to hear your views please?

 

PS My personal opinion? Don't buy from this company!!

Edited by Malovern
Removing link - wouldn't want to advertise ;)
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  • 2 weeks later...
If you are attempting to rely on DSR's, you wont get very far as that specifically exempts made to order goods.

 

but they do include goods made from "off the shelf" components such as custom assembled pcs.

 

"the supply of goods made to the consumer’s own specification

such as custom-made blinds or curtains. But this exception does

not apply to upgrade options such as choosing alloy wheels when

buying a car; or opting for add-on memory or choosing a

combination of standard-off-the shelf components when ordering

a PC, for example"

 

from http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

H

 

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You can request a refund within a "reasonable period" instead of a replacement or repair - the period is not defined, but is normally dependant on what you have bought, as some things will wear more than others. As this is a PC, I would say that you are well within your rights to demand a refund if you do not want an exchange, quoting the sale of goods act.

 

P.s. your credit card company are talking rubbish, they just do not want to get involved. You were sold an item which was not "fit for purpose" and "inherently faulty at the point of sale" therefore against two of the five clauses against faulty items!

Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

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Now, under the DSRs, you can also cancel within 7 days of a replacement item (for an originally faulty product) being delivered. This means that your letter of the 16th could count as cancellation under the DSRs, and as such you should get a refund within 30 days of your cancellation.

 

You have two routes to go down - SOGA or DSRs. Both can compliment each other, but as the item is faulty, I would be going SOGA.

 

H

 

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