www.scan.co.uk - £150 PC items paid via PayPal didnt work - now claiming i damaged them!

[Lyceumhq]

Hi,

Hope someone can give me some advice. I bought a computer motherboard from a UK seller. 

 

When it arrived I put the system together, it wouldn’t post. The motherboard LED’s showed a fault with both the ram and CPU. As they were also new, I thought it unlikely that they were both faulty. But with no way to check, I disassembled the PC and followed the seller's return procedures, as I had no way to test which part was actually causing the fault.

 

The seller has come back to me saying the damage was caused during installation and as such they won’t refund or replace.

 

I genuinely don’t believe it was caused by myself. And quoted both the distance selling regs and consumer contract asking for proof I damaged the item and if they couldn’t provide it then a full refund or replacement.

 

They’ve replied with this

 

“With regards to the damage found, this is consistent with installation damage and would have been covered under our insurance if this had been taken out. To however be clear, this was not an accusation of you causing such damage. We are only advising of the condition in which the goods have been received back at Scan. As the goods had been installed, with no damage being reported at any point, this would be deemed as evidence that the goods were not received by you with physical damage. Prior to any form of testing or processing, all goods are subject to a routine inspection. As part of the inspection process, our checks not only cover the item, but also the packaging in which the goods have been received back in for any signs of tampering or transit damage. In this case, there is no evidence to suggest either.

 

With regards to the Consumer Contracts Regulations, this outlines your rights for goods that have been sold at a distance. For goods that are unwanted/non-faulty, returns would be carried out in accordance to this. The goods would be required to be returned in the same condition as sold and complete. As a fault had been reported in this case, your return was initiated in accordance with the Consumer Rights Act 2015. Unfortunately, due to the goods being received back with physical damage, we are unable to process the goods in accordance to either of these regulations.

 

In accordance with the information we have and the condition of the goods, we are unfortunately unable to issue a replacement or refund.”

 

Do I have any recourse here? I paid with paypal.

 

I’m currently out £150 and don’t believe I caused any damage.

 

Thanks for any advice.

[BlueNoseBear1987]

Dispute with Paypal

Edited January 24 by BlueNoseBear1987

[Lyceumhq]

I will be if they don’t refund but again I don’t trust PayPal to do the right thing either. So it would be 50/50. 

If I have rights in this situation I’d like to know what route to follow in order to convince the seller to refund. 

And because if I haven’t then I don’t want to take money off them if I’m in the wrong.

[dx100uk]

no dates on any of the info so how can we tell if your 14 days or faulty 30 days under 2 differing consumer laws apply?

and why are you protecting the seller by not naming them?

simply tell Paypal the items didn't work.

they'll side with you.

and you can always do a chargeback to your bank.

 

dx

 

[Lyceumhq]

Apologies. Bought Jan 4th. Asked to return Jan 13th. 

I wasn’t aware was protecting the seller. It’s Scan. 

[Nicky Boy]

These?

https://www.scan.co.uk/

 

[Lyceumhq]

That’s them. 

[dx100uk]

thread title updated

simply follow my last post 

dx

 

[Lyceumhq]

I never bought the item on eBay. 

[dx100uk]

well paypal then.

they should agree with you.

 

[Lyceumhq]

Have opened a case with PayPal 

[dx100uk]

just type no need to hit quote

dx