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First time poster having problems with Ebuyer.com


aneesh99
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Hi there guys and gals, I'm a first time poster here! I really hoped that I'd never had to ask for advice in consumer rights but eventually, even I've been snared by it.

 

Brought a replacement graphics card from Ebuyer 4 months ago and from day one, I had issues with it black screening on me and continual driver crashes. Didn't think much of it then because it was a new 7870 and the driver support for AMD is poor to say the least!

 

In the last few weeks, an four months down the line, it issue has been getting worse and worse, I'm getting black screens and restarts more regularly. A a bit of a PC nerd, tried everything under the sun, fresh installs of AMD drivers and Windows, trying it in my other rig, completely changing my hardware around etc. No luck what so ever. To make thing worse, this is the PC I need to take back to uni and I need it for my job when I get back. I can't steal a card out of my other PC's because they're being used and I don't have the money to buy a new one, so I decided to try and RMA it. Lo and behold, no option for a refund, understandable somewhat for the general population, it's what I would have settled with had I not been in such a tight spot, I can not afford to have a another dodgy card. Got in touch with customer servies and they outright refused and for of refund even though it's within 6 months.

 

Long story short, I have a graphics card that doesn't work, a job that starts in a month and a half that I need a card for and a company that will only repair or exchange it.

 

I've tried reasoning with them using the standard Sales of Good Act 1982 stuff, that it isn't of satisfactory quality or fit for purpose but they keep saying the same thing. Should I continue down the SOGA argument, bring up statutory rights or just get in contact with my bank as I used a credit card?

 

Can anyone give me some sound advice how to proceed?

 

Regards,

 

Aneesh

 

Edit: I should also point out that this is a known issue with the card, the Sapphire 7870 GHz OC Edition. Putting in '7870 black screen' into Google almost exclusively brings up forum threads about the specific card. No known fixes. Also, the problems are quite random. Sometimes, the card works for days and black screens, sometimes, it does it every 10 minutes. I even tried underclocking it to no avail. Another side note, have I technically accepted the goods? Just because I received it doesn't mean it's been accepted?

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Hi ane

 

Welcome to CAG

 

You paid by Credit Card, contact your Card Provider, ask to do a Chargeback. They will give you steps to follow. Make sure you use Registered Delivery if they ask you to send it back. Basically the Retailer is passing the buck, this is easily resolved ask to do a Chargeback, also claim back any costs to send the product back to the Retailer.

 

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

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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Thanks for the quick response rapid!

 

I used my dads card and he was about to put me on the phone when he made a good point, am I claiming they are shirking responsibility under SOGA? He wasn't sure if I am actually entitled to a refund before they try and repair/replace it?

 

Regards,

 

Aneesh

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What was the actual date that the purchase was received? Explain to the card provider that you've requested a refund,

that you've had problems from day one. Explain that that you shouldn't have problems from day one, and that a repair or refund are totally unacceptable, the product should be 'fit for purpose, not inherently faulty - SOGA' - from day one. You can also add that there are known issues with the product.

 

Thanks for the quick response rapid!

 

I used my dads card and he was about to put me on the phone when he made a good point, am I claiming they are shirking responsibility under SOGA? He wasn't sure if I am actually entitled to a refund before they try and repair/replace it?

 

Regards,

 

Aneesh

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Hi ane

 

O.K. in that case you need to tell your Credit Card Provider that you want to do a Section 75 claim. Do a bit of reading on Section 75, so you understand it. Send the letter to the Card Provider Recorded. Make sure you have the correct department and address for the Credit Card Provider, basically it's a case of getting your letter to someone at the Credit Card Provider who understand Section 75. The Credit Card Company will tell you what else you need to do. Be careful about sending your account number in an e-mail, best to write.

 

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

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/section-75-sample-letters/

 

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

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No you haven't got Section 75 protection on debit cards, contact the Debit Card Provider to see if there is anything they can do, if not I can suggest other avenues.

 

Damn, I just looked through my statements to find the transaction, turns out it was a debit card on my dads business account... It's 120 days for Visa isn't it? :(
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Is that only legible within the first 7 days or if I get a replacement? Or is the argument still valid 4 months down the line with the original product?

Edited by aneesh99
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Getting nowhere with the bank, it's over 120 days since I purchased the product even though it only became problem 2 months ago... Great! I n my back and forth, the fella did agree to tell the customer services and RMA manager to give me a ring, hopefully I'll get somewhere with that. If not, I'll have to try the letter or dropping the CAB a call :(

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If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

 

Is that only legible within the first 7 days or if I get a replacement? Or is the argument still valid 4 months down the line with the original product?
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You need to be persistent. Don't give up.

 

Getting nowhere with the bank, it's over 120 days since I purchased the product even though it only became problem 2 months ago... Great! I n my back and forth, the fella did agree to tell the customer services and RMA manager to give me a ring, hopefully I'll get somewhere with that. If not, I'll have to try the letter or dropping the CAB a call :(
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Thanks, I really do appreciate all the help Rebel. I'll see where this goes with my conversation with the customer services manager. I actually borrowed some of my mates electronics testing gear and was shocked to see how unstable the VDDC, VDDC Current and VRm temperatures were, and dangerously so! I've been hunting around PC forums and there are multiple people with the exact same problem, which is more ammunition in my case I hope!

 

I'm making a quick checklist for my phone call, any advice on important things to bring up to nudge them to do what is due?

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Just give them the facts, lets see what they say.

 

Thanks, I really do appreciate all the help Rebel. I'll see where this goes with my conversation with the customer services manager. I actually borrowed some of my mates electronics testing gear and was shocked to see how unstable the VDDC, VDDC Current and VRm temperatures were, and dangerously so! I've been hunting around PC forums and there are multiple people with the exact same problem, which is more ammunition in my case I hope!

 

I'm making a quick checklist for my phone call, any advice on important things to bring up to nudge them to do what is due?

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Quick update, the manager didn't get back to me on Saturday as promised so I'll be ringing tomorrow to force my issue. I have a ton of evidence that I gathered testing the card myself, it that something I should bring up at all?

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Quick update, the manager didn't get back to me on Saturday as promised so I'll be ringing tomorrow to force my issue. I have a ton of evidence that I gathered testing the card myself, it that something I should bring up at all?

 

Probably not, unless you're a qualified electronics engineer.

 

They could suggest that, by testing the card, you have caused problems which they'll deny responsibility for.

 

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