PC World Problems - Issued court proceedings ****Resolved****

[andipandi123]

I have issued court proceedings towards DSG Retail Limited. Looking for advise.

 

I purchased an Apple iMac last week (29th/02/12) and received it on the 1st. It was incomplete missing its restore CD's.

 

It was in its box until Monday 5th while i made space for its new home on my desk. When i got the product out i noticed a big dint in the side of the monitor. PC world refused to refund or exchange because i did not notify them within 48 hours of delivery. I was under the impression i had 7 days to notify them of none satisfactory goods under the distant selling regulations. Their "legal team" refused to allow me to exchange and i took them to court. What do you think my chances of winning are and what other routes should i be going down?

 

Monday 5th - I telephone and they agree to replace / return for refund

Monday 5th PM - they say sorry we changed our mind, no longer picking item up

Tuesday - Confirmation that I SHOULD be refunded and the staff did not know why as the notes on the order state "Refund on receipt"

Thursday 8th received a call from a very cocky CSR from PC World who told me there is no way they will give me my money back and proceeded to say i broke the goods! I couldn't believe they would say this after I had whatever happens cover against accidental damage...

[silverfox1961]

Hi and welcome to CAG

 

As you have issued court proceedings, I feel this thread would be better in the Legal Issues Forum where advice would be forthcoming. I will move it there but if it transpires that here is better, it can be moved back.

[rebel11]

Hi andi

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Have a read of 10,11,12 and 13 in my signature.

 

Were the goods delivered or did you collect?

Have you filed the court papers yet?

[silverfox1961]

That's done.

 

Now, I am no legal eagle but I would have thought you should have exhausted the Pre-Action Protocols before issuing court papers whicj is basically a lot of letter writing, giving them a chance to respond before suing. That may be your undoing but hold off for the experts

[BankFodder]

Sorry

Using a phone!!!

[BankFodder]

I would say that if you have not followed the protocol, this might have an impact on getting your court fee back but it won't affect liability.

Hold your ground.

My own experience with DSG is that they seem to take things personally but cave in before the hearing

[andipandi123]

I have spoken to 6 managers and many CSR's over 20+ phone calls, got a response to an email all saying the same thing.. Not interested, dont want to exchange, go to trading standards if you think our terms are not complaint with sale of goods act.

 

I didnt want to get into a whole lengthy battle of letters. I think the phone calls alone gave them enough chances to resolve as i was still within my 7 day return period.

 

All i wanted was a product in satisfactory condition, i dont understand why they decided to make all these issues really.

[andipandi123]

Oh and the goods were delivered after an order via the website.

[asokn]

It sounds like you have probably done about enough, particularly as a LiP, to comply with the spirit of the protocols if not the letter (bearing in mind there is no protocol for a contractual dispute).

[rebel11]

Hi andi

 

How did you pay, credit card /visa debit, you could of contacted your card provider and asked if they will allow you to do a Chargeback.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

[Guest Paul - CurrysPCWorld]

Hi Andipandi123,

 

Thanks for taking the time to post up on CAG. I am sorry to hear you have experienced an issue with regards to the exchanging of a faulty / damaged product.

 

I have checked the online order for your product as I believe I have seen this issue before on our facebook page. I can see from the order history that we received a call from yourself on the 1/03/12 when the item was delivered to state that there was a missing recovery CD that was advertised on the website which we have agreed to arrange to send to yourself. We then received another call on 04/03/12 to ask where the CD was, to which we advised that the CD had been posted. On the 6/03/12 you called up and said that the product was damaged and that you wanted an exchange.

 

Under the terms and conditions of most companies when you receive an item you have 48 hours to check the product and if there is damage or missing parts we can arrange to exchange, or send out the parts which was done on this occasion. 6 days after the delivery on the 6/03/12 we received another call from yourself to explain that the product was damaged. As part of the terms and conditions of the order, we require notification of any damage or fault as soon as possible and this was not mentioned in the two previous calls to us.

 

I have also attached a link to our terms and conditions which state what the distance selling regulations will allow, within a 7 day period. http://www.pcworld.co.uk/gbuk/terms-...1-theme.html#1 please see subsection 'Returns and after sales policy'

 

Please accept my apologies that we have been unable to comply with your request and I am sorry that you feel the need to take this issue further.

 

If there is anything else that I can help you with please feel free to get in contact with me.

 

Kind Regards,

 

Paul

The KNOWHOW Team.

[andipandi123]

Would appreciate your call paul.

[andipandi123]

Paul,

 

Having just spent £100 for half an hour with a solicitor we have read over your terms and conditions and have found a discrepancy.

 

In your returns and cancellation policy there is a section which reads Damaged Goods:

 

First section:

How do I return my product?

Store: You can bring your damaged product into one of our stores with proof of purchase within 48 hours of delivery and we will process an exchange or refund for you.

Phone: If you need to have your product collected (if it’s too big or heavy to return to store) please call the Contact Centre on 08445 61 12 34 and we will assist you.

 

Exchange/Refund: We will then give you an exchange or full refund plus any delivery charge paid. However, we do have the right to retain any charge paid for services which have already begun or have been completed.

 

This brings no attention to the 48 hour rule on a return by phone... However further down the page we see this:

 

How do I return my product?

Phone: Please call our Contact Centre within 48 hours on 08445 61 12 34 and we’ll arrange collection free of charge.

 

Exchange/Refund: We will then give you an exchange or full refund plus any delivery charge paid. However, we do have the right to retain any charge paid for services which have already begun or have been completed. Refunds take 5-7 working days to be credited to a payment card.

I note the section is bold which reads "Within 48 hours on"

 

The question my solicitor had and now i have is Within 48 hours of what? Of my finding the damage? as that is how i have interpreted it. You mention above within 48 hours of delivery for returns to store, however it does not say this for by telephone and in my eyes i notified you of the damage within 48 hours of finding it.

 

I have printed both your terms and conditions and your delivery and returns policy 3 times and had a friend do the sane as a witness. So its not worth changing it and claiming i am lying as the Google Cache will also have a copy for many months to come.

 

Please do not tell me that its within 48 hours of what you or "PC World" believe. As terms and conditions are a contract and it does not state within what in my contract.

 

I would appreciate your phone by return or return here when you are ready.

[Guest Paul - CurrysPCWorld]

Hi Andipandi123,

 

Thanks for taking the time to get back in contact with me.

I will be unable to call you today as I am away from my desk for the rest of the day but I will be more than happy to give you a call Monday morning to chat about this further.

 

I do have a copy of your number which is attached to your online order number. However, if you do wish for me to call an alternative number please email me at [email protected] and I will be more than happy to call that on Monday instead.

 

All the best,

 

Paul

The KNOWHOW Team

[asokn]

I would have thought that as a matter of ordinary construction if the contract says within 48 hours of delivery and then later says within 48 hours that will also be implied to mean within 48 hours of delivery otherwise it would have said within 48 hours of [another event]. Otherwise the clause is far too broad and could be taken to mean within 48 hours of the hundreth anniversary of the contract, or some such other ridiculous thing. I would expect a judge to construe the term in a way which makes sense and allows business efficacy.

 

However that's just my opinion!

[andipandi123]

It is down to opinion, but PC world have changed their excuses why they would not exchange it with me 4 times now. That in its self its out of order. I did nothing wrong, all i wanted was a machine that is in perfect condition.

 

Yet because i left it in its box for 4 days before setting it up, im now being blamed.

 

Corporate giant against small consumer over what would cost PC World no more than £50 to repair is just silly and pathetic.

 

I work hard for every penny i make and to spend £1150 on a PC what i saved up for for 3 months that is in bad condition i dont personally think is on. I hope a judge also thinks so.

[brokebutnotbeatn]

Oh for goodness sake! Whatever the T&Cs say for the sake of good customer service arrange an exchange or refund the money! I work in business and customer satisfaction is top priority even when we don't believe the customer to be right. All I'm learning from this thread is not to go near you with a barge pole!

[andipandi123]

Iv bought from PC world for years, i have never experienced an issue like this. Never realized a customer dispute can be so stressful.

[brokebutnotbeatn]

There you go. now you and I and hundreds of other people who are either connected to us or who do a google search will quickly learn not to buy from them again...

[andipandi123]

I guess keeping a small amount of money in the short term would be better than keeping a customer for the long term. I am now more than confident i am going to win this in court. Just wish it didnt have to go that far

[huggy41]

Yet because i left it in its box for 4 days before setting it up, im now being blamed.

anything i get in the post is checked for damage,

£1150 computer would of been checked sharpish and then put back in the box.

[andipandi123]

Thats your personal thought. The fact i didnt still doesnt mean i should be punished. As far as i was aware i had 7 days to do this under the sale of goods act and the distant selling regulations. My basic consumer rights when buying online.

 

I certainly dont think PC World should be using that as an excuse, they gave me a damaged product. Either way i think they should be wanting to fix that with me, not shooting me down every time i speak to them about it.

[asokn]

I agree completely, it's extremely disappointing.

[rebel11]

Too right, unforetunately companies put profit first, the days of good customer service have long gone, their terms and conditions are secondary to the regulations that protect consumers.

 

Thats your personal thought. The fact i didnt still doesnt mean i should be punished. As far as i was aware i had 7 days to do this under the sale of goods act and the distant selling regulations. My basic consumer rights when buying online.

 

I certainly dont think PC World should be using that as an excuse, they gave me a damaged product. Either way i think they should be wanting to fix that with me, not shooting me down every time i speak to them about it.

[Guest Paul - CurrysPCWorld]

Hi Andipandi123,

 

As per our telephone conversation earlier. I have spoken to a colleague in our online team and passed them the details of the case on to see if there is anything that they can do to resolve this for you.

 

I will give you a call when they come back to me as agreed earlier. If there is anything I can do in the mean time please feel free to get in contact with me.

 

Kind Regards,

 

Paul

The KNOWHOW Team