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Nukey

Is this legal?

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PC World have been causing nothing but problems. Almost everything I buy from there either isn't whats stated or goes wrong somewhere along the line.

 

Anyway I returned a motherboard back about a year ago, and since then it's been faulty, but have been able to do absolutely diddly squat about it. When they took it in to check the fault, they wanted to see the whole machine.

 

They then refused to look at it, said the operating system was an illegal copy (which it isn't), and wrote on my receipt. Take a look at this:

 

receipt.gif

 

Surely this isn't legal? also, when the machine came back I found out that they had been viewing pornography (also possibly child) on my machine, from a removable drive, which was reported to the manager. But nothing came of it.

 

I opened up my media player and looked in the history, and there were about 25 entries of porn that had been watched on the computer, now I know it sounds boring but I have a strict thing (even my friends know) that I do not allow any porn on my computer whatsoever. Cant stand the stuff.

 

But when I saw the term "lolita" thats where I drew the line. I spoke to the manager and they said the person will be dealt with accordingly, but it still didn't get my original problem sorted out. It had only been exchanged once before that, and that was due to a different issue.

 

At the moment it has just gone past the one year mark, even the person at my local computer outlet confirms there is a problem, (the sound and one of the memory slots in the board are dead), and it looks like Ive been well and truly stuffed.

 

I think I should have gone to trading standards while I had the chance but after that I moved away and it would have become increasingly difficult, considering the store is the other side of the country.

 

Any ideas? just thought I would share it with you. And also a tip to avoid the PC World in Northolt, Middlesex, too! :)

 

-Nukey


Bank: NatWest

Status: Completed *WON*

Last Letter Received: Agreement to repay £388.69

 

Please remember to read the FAQs if you are new or are looking for quick-fix advice!

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The method of writing on the receipt of no refunds and exchanges, is usually the easiest method of thwarting people who go around stores looking for one to give in. Usually done when the product is not faulty when its brought in, or present with a fault that was due to misuse.

 

I assume (as most computers are) you are running xp, microsoft do have software that will validate windows (http://www.microsoft.com/genuine/), this may be the tool they used and if it is, download yourself and check.

If you a certain your windows is legal, you should have some form of sticker with the key on even if you did get it pre-installed.

 

With regards to the pornography on your computer, make a formal complaint and send it to head-office, asking a reply on what action has been taken, and why this occured on your computer. You could also add in about the exchange being rejected (specially if you can confirm a genuine windows copy), the writing on the reciept.

 

The store which seemed so eager to reject a refund as the copy of windows was not valid, also felt the software on the computer was suitable enough to use your computer to look up explicit information. The problems with the motherboard have no link with the operating system, but hardware issues that would not be caused by incorrect software (though none where used).

 

If they really would like a legal copy of an operating system, download and install linux to shut them up, as it is free software it they can't compain, if the errors are still present in that OS then its obviously the board and not 'fake' software.

 

With the issue of 'not exchangeable' you usually have to talk to the store who wrote in on, but write to head-office and see what they say about the issue, and whether they will be able to sort the problem out at your new local store


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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More to the point, writing "no more exchanges allowed" has no legal standing whatsoever, as your purchase is covered under SOGA, and only a judge can decide whether you could in fact get or not get an exchange, not some tinpot manager with a god complex and little knowledge of consumer laws, by the look of it. :mad:

 

Furthermore, by doing this, they are trying to restrict your statutory rights, so I would immediately go to Trading Standards about it.

 

I would also send a copy of this to Head Office, and demand an explanation as to whether they are aware that their staff are trying to circumvent your statutory rights, as well as the rest of your complaint.

 

As for the Lolita stuff, I would go to the police about it, and not think twice about it either. It just shows how much the idiot who dealt with your PC knows about computers, if he doesn't even know how to erase his steps! :mad:

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Hi,

Some time ago I had a problem with a PC that I bought from PC World. After about two months the modem would not work as I had bought an extended warranty(yes I know that is silly) I asked them to repair it. They sent an engineer who couldn't fix it, then another then the first one came back but after a month it was still not fixed. I then pointed out the clause that said if it couldnt be fixed within 28 days they would supply a new machine. The response to that was that they would not replace the machine untill it was over one year old.

I ended up taking them to the small claims court for the original cost of the machine and the waranty. They paid up on the last possible day.

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This is shocking!

 

Yes, what they have written on your receipt is a restrictive statement and is not allowable in law, so I would immediately suggest that you contact your local Trading Standards Department about this.

 

A company CANNOT restrict your rights under the Sale of Goods Act and your right to a repair or replacement of a faulty machine would still stand, regardless of what they are scribbling all over your paperwork.

 

Please do let your local Trading Standards know as soon as you can - and I agree, the police ought to be informed about the porn issue, as well.


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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I can't but agree wholeheartedly with what's been said already about Trading Standards and the police.


Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

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Me too You must report them to not only the TS but also the police.

 

Reporting them to police is very important because if they have used your ISP to access the porn your the one who's going to get the knock on the door & be carted off to the nick. They will be able to establish that it was in for repair at the time in question

 

Makes you wonder about Garry Glitter (a little) who always claimed someone else had used his computer. Now let me think who was! the repairer he took his too?

 

PS their written disclaimer is about as much use a chocolate teapot to them. For all of the reasons that have already been quoted

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Everything has been said that needs to be about the original issue, but regarding the porn issue I would make absolutely sure that you have solid proof that the machine was in their possession at the time the porn had been viewed.

 

If you can't prove it was in their possession or if they find that it happened at an earlier time (say for example if someone else had used your PC while it was in your possession) it could be you that is facing the rap, and this is too serious to not check and be absolutely 100% sure before you officially report anything.


I only mouth my opinion, please look elsewhere for sensible advice! :)

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As I understand it they should be able to tell by interogating the PC's history

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Yep, the history of the PC is date related. Even if they use a program to retrieve the history, the date a certain page / file was accessed would be known.


HSBC - S.A.R - (Subject Access Request) 30/10/06

 

07/11/06 - Letter refunding cheque and informing statements will be along shortly.

08/11/06 - Statements from Jan-2001 to Jan-2004 rec'd. Requested more but am waiting.

09/11/06 - Sending of prelim request for refund! £913.50

27/11/06 - Letter from Royal Mail, original prelim lost in post!!

06/12/06 - Another prelim sent :(

19/12/06 - Reply from Mr Langdale saying complaint received and that I'll have a proper response by 5th January 07....

 

Capital One - S.A.R - (Subject Access Request) 31/10/06

 

Sent off prelim for £392.00 - All adds up I suppose! 06-12-06

Partial Offer received 19/12/06 - £152, offer accepted as part settlement only......

 

GE Capital Bank - S.A.R - (Subject Access Request) 31/10/06

 

Store card account. Charges approx £200, prelim being sent off in the new year!

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Hi, DFI Lanparty Motherboard?

 

Hmmm, what are the problems you are having? Only reason I ask is that I had major issues with my board which I have resolved now.....

 

This is a very picky motherboard. Can you list the specs of the components in your machine?

 

Thanks


Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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Reporting them to police is very important because if they have used your ISP to access the porn ...

 

Interesting point.

 

It would be nice if people with dial-up internet were told by their ISP when their service was used from an unusual phone number.

 

In the absence of that facilty, perhaps we should devise a warning for people sending off their PCs for repair: to prevent the staff of the repair company using tour ISP account to download porn etc, you should remove your dial-up password.

 

(Easier said than done of course: as far as I can see, the only ways to achieve it for most people are never have your dial-up password stored on your computer, or never to send your PC off for repair.)

 

Tim

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I might be wrong here but I think the IP address is location related, no to the account you have with the ISP. So assuming they are using your dial-up connection or broadband connection they will have a different IP address assinged to them. So you shouldn't get a knock on the door if they trace it from the source (as I think they did with Gary Glitter) it will give them the physical location.

 

However, if you report it yourself, (other than honesty being on your side) you need to prove the history times and dates. Also ask PC World for an itemised list of what they did to resolve the issue, including times, dates, and the enineer working on the problem, if you haven't got one already. You can say you need the list because you are contacting another engineer and he wants to know whats already been done to make it easier to work on.

 

Hope this helps

CB

  • Haha 1

Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

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http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

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I understand that Garry Glitter was reported by PCW after taking his computer in for repair.

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Actually, come to think of it, was it some guy from the Who, who claimed he was researching a book or something that was caught by tracing the IP address?


Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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Yes Pete Townsend

 

28 cops turned up at his home in Richmond..........Can't get them to arrest a stalker who goes on to kill............no Photo op I suppose

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Lol, very cynical!

I'm pretty sure they tracked his IP address and found his physical location then seized his computer to check the contents


Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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Yeah but 28!

 

The FBI sent the details when they closed a site in America by identifying them through their credit cards & not their IP addresses.

 

They sent thousands of names (The late Ronnie Barkers Son was one) to the Met many of whom have not been seen yet & as time passes by the less chance there is of charging them

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This, of course, is nothing new to PC World

Phil Clayton was puzzled when he found pictures of someone else's children and personal documents on his PC after it had been repaired by Mastercare, the Dixons/PC World/Currys repair group, although only the usb ports had needed attention, Mr Clayton realised that his HD had been replaced. To make matters worse, the new disk was of a lower spec.

 

He contacted Mastercare and again the had his PC back to their workshop, two weeks later it was returned still containing the smaller HD also attached was an invoice stating that "this is the original HD that was remastered on a previous visit"!

 

Mastercare refused to admit any mistake but Mr Clayton found the previous owner of the HD from the personal info on the drive and contacted him, the previous owner a Mr Gregson was rightly appalled that pictures of his children and personal documents were on someone else's PC and that Mastercare had told him that his PC was "beyond repair"! Both men were dismayed by the shoddy way that Mastercare had treated their data and privacy.

 

Apparently the Data Protection act does not cover personal data on home PC's. neither is there a law that covers the overall right to privacy in this country.

 

Dixons defence was that it's terms and conditions clearly state that "the company will use refurbished components in repairs" !

 

Imagine a situation where some poor innocent sod takes his PC to them for repair and they replace his HD with one from someone with the personal taste of say, Gary Glitter, next time it goes in for repair Mastercare sorts through this HD and finds material of 'questionable' nature, the poor unfortunate will have a hard time convincing 'Plod' that he is innocent!

 

(Story published in Computeractive Magazine Thursday 10th July 2003)

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and it just goes on

PC World can you fix it? | Channel Register

 

and on

 

 

'NEVER, EVER buy ANYTHING from Curry's or Dixons' | The Register

 

and on

 

 

Mastercare - Read Reviews

 

and on

 

 

Untitled Normal Page

 

and on

 

 

clik2complaints.co.uk-Sounding Boards - Consumer Rights - Legal Matters 'n Opinions - HAVE CURRYS MASTERCARE / TECH GUYS COMMITED FRAUD?

 

and dammit, I can't find the one where they put the HDD from a Police computer they were fixing (ha ha) into someone else's machine.

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Hi, Some interesting reading there plus the operation ore from Tim, cheers!

 

I have to say these companies seriously need to fix communication problems, staff reliability, complaints procedures etc. etc. ad nauseum!

 

On another point though, I bought a dell laptop from eBay without realising it had warrenty on it. After 18 months the DVD drive acked up - I made do without it for a while, and then the screen started getting funny lines down it a few months later. With the screen incident I emailed Dell,they ran me through a couple of diagnostic tests but realised it couldn't be fixed so they sent an engineer out the next workingday to replace the screen and it cost me nothing.

 

However, the engineer broke a piece of plastic cover when removing the screen, and I told him about the DVD drive. The following monday (again next working day) a new DVD drive and plastic screen was couriered to my house (and having moved over the weekend, to a different address) where I had previously agreed to fit both myself (not a problem)

 

So their customer service and repairs worked out fine, although the original fault was for a faulty product, after some research on the net, these problems have become popular with this model


Any advice given is purely my opinion and not based on any legal fact unless referenced with a case. Follow my advice at your own risk. Although the fact may be correct, my interpretation and therefore findings may not

 

Barclays - £391 Just getting started

http://www.consumeractiongroup.co.uk/forum/barclays-bank/144290-chris-barclays-take-2-a.html

 

Barclays - £760 Settled in full

http://www.consumeractiongroup.co.uk/forum/barclays-bank/17995-chris-barclays-bank.html

 

Barclaycard - £100 settled in full

http://www.consumeractiongroup.co.uk/forum/barclaycard/17996-chris-barclaycard.html

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Forget trading standards, forget the Sale and Supply of Goods Act Phone the Police. NOW!!!!

 

These are little bairns getting abused sort the trading standards thing out later. Time to prioritise.

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I didn't read that it was child porn that was downloaded in PC World, did I miss something?!


Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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