Need help with online retailer - Overclockers UK

[thrift1992]

To save time, I'll paste a copy of the email I recently sent to ConsumerDirect:

 

 

 

Hello

 

On November 2nd last year, I purchased a desktop PC from Overclockers UK, a private computer retailer located in Newcastle-under-Lyme.

 

The item came to £1133.33, shipping came to £15.25 and VAT came to £201.01 (which was calculated at 17.5% at the time of course). In total the order came to £1349.59. I took delivery of the item on November 9th 2010.

 

On January 22nd 2011, I found that the system was not working, it wouldn't power on. This fault appeared seemingly overnight,I had made no significant changes to the system the previous night, it shut down normally.

 

I requested that the item be repaired by Overclockers. They collected the item and just over a week later it arrived back seemingly repaired.

 

However on the 19th of February the system experienced another fault, it overheated and shut itself down, I was able to determine the overheating issue before the system switched off again. Now it won't switch it all, it attempts to power on for a few seconds but then powers down.

 

I decided at this point that I no longer wanted the system. A PC that breaks down twice within three months isn't of suitable quality.

 

I phoned them again on the following Wednesday (after several ignored emails), they offered me the choice of a repair or a partial refund of just over £1000. I felt that this was a reasonable amount that I could live with, after considering my choice I contacted them the following day to accept the partial refund however no figure was given to me in writing. I contacted the management via email and request confirmation, I received no response throughout the weekend. I called Overclockers yesterday (February 28th) to ask again. Later in the day I received an email which offered a partial refund of £755.55 + 17.5% VAT, in total £887.77. I contacted them today to say that I found this amount unreasonable considering the use I got out of the item but they claimed the figure I was told last week was a mistake (keeping in mind I didn't have the first figure in writing).

 

What would my rights be in this situation? I feel that such an item isn't of satisfactory quality and isn't fit for purpose. How should I proceed?

 

 

I feel what they offered isn't enough for the amount of use I got from the machine. A PC, especially an expensive one should last longer.

 

Any advice?

[rebel11]

Hi thrift

 

Welcome to CAG

The guys will advise as soon as they are available.

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/computers/

 

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

 

http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/

 

Send the letters Recorded.

[thrift1992]

Thanks

 

A recent email from Overclockers:

 

 

Dear Sir,

 

We cannot do anything about the refund offered as this is how much it works out to. As the system as overheating issues it shouldnt be too hard to solve it. If the system is crashing and shutting down it will be related to the heat issue. We can take the system back and look at for you to try and get it back up and running all done free of charge.

 

Regards,

 

Rob Gould

 

I'm unsure if I have any sort of right to clain a higher partial refund but what they offered doesn't allow me to buya system remotely similar in specification. Having it break down so soon after one repair leaves me with little faith. Also having them give me an one figure one week and another the second week really infuriates me. If they honestly didn't know the partial refund amount before then they shouldn't have told me anything.

 

Again thanks, I posted here because I had seen other threads on this site about Overclockers UK.

[thrift1992]

Here is the letter I have prepared, any comments or advice before I send it would be greatly appreciated.

 

To the Manager

 

I am writing to you regarding an issue I have complained about previously.

 

On November 2nd 2010 I purchased an Ultima Hydrophobia computer system from you for £1349.59.

 

On January 22nd 2011 the system's PSU failed, seemingly overnight whilst the computer was powered down. I requested a repair and you obliged.

 

After receiving the system back I noticed an issue upon booting up, Overclocking had failed (a key feature of the system you set), I shut the system down and rebooted it later on. It appeared to be working fine. However on February 19th 2011 I received the message 'overclocking failed'. I checked the system and found the CPU was overheating. The system then shut down and it now fails to boot completely.

 

Previously I contacted you to discuss a refund. I was initially offered just over £1000 which I felt was a reasonable partial refund considering the length of time I owned the system (such a computer would be expected to last far longer). Courier collection was arranged for Wednesday 2nd March 2011. I didn't however have any written confirmation of the refund, after a couple of ignored webnote messages, I phoned your support line and another messages was sent straight to the manager. Later in the day I received an email telling me I would only receive £887.77 (including 17.5% tax). When I complained I was told the previous amount was a mistake and there was nothing you could do.

 

On the grounds that the item is not of satisfactory quality and not fit for purpose, the Sale of Goods Act 1979 entitles me to reject the item. I would also add that I feel that the item didn't last a reasonable amount of time, showing signs of fault immediately after the first repair (though I believed this fault was gone until it recurred a few weeks later).

 

I would like to request a refund of a greater amount than what you previously offered. You have 14 days to respond.

 

Yours faithfully

 

Louis Thrift

[Cardiff Devil]

Any fault occuring within six months of purchase is usually automatically deemed to have been present at the time of manufacture. Given that you're still within 6 months (and the system has already experienced two faults) I wouldn't consider a full refund to be unreasonable. You should be within your rights to request your money back.

[thrift1992]

Any fault occuring within six months of purchase is usually automatically deemed to have been present at the time of manufacture. Given that you're still within 6 months (and the system has already experienced two faults) I wouldn't consider a full refund to be unreasonable. You should be within your rights to request your money back.

 

Thanks, what piece of legislation does this refer to?

[thrift1992]

I will be sending the letter tomorrowl any advice as to how I should proceed if they refuse to co-operate?

[Cardiff Devil]

Hi, sorry I didn't reply before. My last comment is referring to the Sale of Goods act 1979. It's known as a reversed burden of proof. In the first six months from date of sale, the onus would be on the retailer to prove that the goods DID conform to contract, rather than for you to prove that they did not. With that in mind, you will not need to get any independent inspection or engineer's report done, so don't let them fob you off with that. If they want to faff about with reports, it will be for them to arrange at no additional cost to yourself.

 

On the Consumer Direct site, there's a template letter generator, I just knocked this up for you, feel free to change or create your own;

 

Dear owner/manager's name,

 

Sale of Goods Act 1979 (as amended)

 

On date of purchase, I bought an Ultima Hydrophobia computer system from you for £1349.59 which is not of satisfactory quality.

The problems are:

 

• The system previously would not turn on at all, but this fault has already been satisfactorially remedied.
  
• The system is now experiencing overheating issues, rendering the computer unusable.
  

I wish to reject the goods and claim a full refund.

Please respond to my complaint within 14 days from receipt of this letter.

Yours sincerely

 

Insert your name

 

Fill in the blanks with your details, print off and make sure you send via recorded delivery. Feel free to add anything but I wouldn't bother at this stage, the above should be sufficient. Give them 2-3 weeks to respond and if they don't reply or try to fob you off again, it's time for the LBA.

Let us know how you get on.

Edited March 7, 2011 by Cardiff Devil
Formatting

[thrift1992]

Hi, sorry I didn't reply before. My last comment is referring to the Sale of Goods act 1979. It's known as a reversed burden of proof. In the first six months from date of sale, the onus would be on the retailer to prove that the goods DID conform to contract, rather than for you to prove that they did not. With that in mind, you will not need to get any independent inspection or engineer's report done, so don't let them fob you off with that. If they want to faff about with reports, it will be for them to arrange at no additional cost to yourself.

 

On the Consumer Direct site, there's a template letter generator, I just knocked this up for you, feel free to change or create your own;

 

 

 

Fill in the blanks with your details, print off and make sure you send via recorded delivery. Feel free to add anything but I wouldn't bother at this stage, the above should be sufficient. Give them 2-3 weeks to respond and if they don't reply or try to fob you off again, it's time for the LBA.

Let us know how you get on.

 

Thanks but I already sent a letter today via recorded delivery, it contained all the details described in your template. I gave them 14 days to respond.

[Cardiff Devil]

No worries, as long as your letter stated that you were formally rejecting the goods under the SOGA1979, you should be OK.

 

It's amusing that they would try to claim that around 4 months of use out of a high spec computer system is sufficient for a partial refund of around 65% (if my maths serves me correctly). By that logic, a computer system of this price should only have an expected life of around 10-11 months. Utter nonsense.

 

Are you willing to continue to small claims court proceedings if they refuse to pay up? To be honest I don't see this going past the LBA stage, as they must realise that they are in the wrong.

[thrift1992]

No worries, as long as your letter stated that you were formally rejecting the goods under the SOGA1979, you should be OK.

 

It's amusing that they would try to claim that around 4 months of use out of a high spec computer system is sufficient for a partial refund of around 65% (if my maths serves me correctly). By that logic, a computer system of this price should only have an expected life of around 10-11 months. Utter nonsense.

 

Are you willing to continue to small claims court proceedings if they refuse to pay up? To be honest I don't see this going past the LBA stage, as they must realise that they are in the wrong.

 

Yes I will take it further if their offer isn't sufficient. I cannot afford to lose so much. I'm aware they've been taken to court before and they've lost.

[MattPop]

I bought a MotherBoard from overclockers (OC) before. It was faulty, did not work at all. I sent it back recorded delivery and it was signed for by a guy named Barry. Didn't hear anything or get a refund despite following their returns procedure (I wanted a replacement). I phoned them and said they never received it! I mentioned 'Barry', they said there was no barry working there. My Father phoned from a different number and asked to speak to 'Barry' who was more than happy to take his call! The situation was explained to the manager who back tracked VERY quickly, and I received a working product of slightly higher spec that the original item.

 

Moral of the story? Overclockers are a bunch of lying B##tards. Give them hell and they'll come right, but they'll deny any responsibility at first.

 

Good luck with the refund, I agree with other the other opinions, a full refund should be expected. (Demanded...)

[Cardiff Devil]

Good on you Thrift for sticking with it. Given the circumstances I wouldn't accept a penny less than you originally paid out, plus any costs you've incurred. Too many people just accept lesser payoffs and walk away. For the sake of a bit of effort, you can always get what you're owed.

[thrift1992]

Its been a week, still no word from Overclockers, still one more to go.

[thrift1992]

It seems I'm not going to get a response, I may receive a letter on Monday but I doubt it, how should I proceed from here?

[Cardiff Devil]

Okay, you need to draft a final letter before action (LBA).

 

Final Notice before Legal Action

 

I enclose a copy of the letter I wrote to you on date.

 

I have given you a reasonable opportunity to resolve my complaint. You have failed to do so.

 

I have now been left with no alternative but to seek legal redress through the courts. Unless this matter is satisfactorily resolved within the next 14 days I will instigate legal proceedings without further notice. The cost of this action will be added to my claim.

 

Enclose a copy of your last letter with this one, make sure to include any complaint reference numbers that they may have given you. Wait until 14 days have elapsed from the date your last letter was received and signed for, then send this via recorded delivery also.

 

I can't imagine they would ignore this letter as they wouldn't stand a chance in court, but we'll wait and see. If they don't respond to this letter, report back here and we'll sort out the next step which is the Particulars of Claim (POC).

[thrift1992]

Thanks

[thrift1992]

If I do require legal aid, where should I go? What's the best way of going about it?

[rebel11]

Hi thrift

 

I don't think you need Legal Aid, you need to go through your County Court via the Small Claims Route.

 

http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex50_e.pdf

 

It can be done Online.

[thrift1992]

I sent the final notice today. They have a week to respond, I feel they may be stalling on purpose until its been six months since the purchase date. Then they are in a better position. Still I would take them to court before that happened.

[Cardiff Devil]

I wouldn't worry too much about that. You've already made them aware of the problem, so they can't attempt to wriggle out of the issue by stalling you.

 

Did you only give them 7 days on your letter? I really would have given them 14.

[thrift1992]

The letter should arrive by tomorrow or Thursday. They have enough time, other legal advice sites I've have given 7 days in some cases. I'm simply tired of how long it can take them. My first two emails requesting a refund were ignored for days until I called them (they state that such messages are replied to within 24 hours).

[Cardiff Devil]

Not to worry, I would always recommend giving 14 days so that they cannot claim to have been given insufficient opportunity to resolve the issue. Although given that they've hardly bothered to respond to you at all I can't see them convincing a judge of that.

[thrift1992]

I received a letter today from their technical manager offering me the 'original' partial refund amount on the condition I send the system back for them to confirm the problem. I'm worried by the fact the he doesn't state what he means by the original amount, the 'just over £1000' figure given over the phone or the lesser figure given later. I'll seek clarification via email. I won't send the system back until they state a number.

[thrift1992]

Ok, they are pffering the original amount stated over the phone, I'd rather not have to go to court and I can live with just over £1000.

 

I thank everyone who has responded.