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samtheman1k
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Anyone had any sucess getting a refund from Overclockers.co.uk?

 

I received a faulty monitor from them, and they refused to replace/refund it, telling me to deal direct with the manufacturer under the warranty. This is obviously in direct contravention of the Sales of Goods Act 1979.

 

Thanks to the Consumer action group help line, who were extremely helpful and friendly, I have now sent Overclockers a letter asking for a refund or I shall go through the civil court.

 

Anyone sucessfully got a refund from Overclockers?

 

Thanks and wish me luck!

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Whats wrong with the monitor, "faulty" really doesn't help.

Just send the letter quoting the sales of goods act 1979 (As amended). That it is there responsibity and not the manufactures if a product is faulty, and that your reject the goods within a reasonable amount of time, therfore demanding a full refund of the product.

Give them 7-14 days, if they don't reply send a Letter before action.

Remember recorded delivery and keep a copy of the letter.

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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Whats wrong with the monitor, "faulty" really doesn't help.

 

 

Faulty in that when I switch it on, nothing comes on the screen!

 

Letter has been written, I assume that it I should send recorded delivery? I shall do so tomorrow.

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Yep recorded, and remember to keep a copy of the letter itself.

Was just making sure it wasn't the dead pixel "fault"

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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I am very surprised at overclockers, I am a regular customer and have never experienced returns problems. Just to make sure, they are fully aware you are a consumer, and not a business customer? Just sounds as if they are giving you the trade policy! An experienced retailed like OC must be aware that they are totally in the wrong.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Yeah, they know that I am a personal customer. I think it is more the sales person doesn't know the correct procedure, as he is like talking to a brick wall! I did ask to speak to the supervisor/manager and he refused to put him on, so I'm stuck really as I can't speak to anyone. Hopefully the letter will solve the situation, if not then court.

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It may be worth trying to call them again in that case - as soon as you get through to anyone with any ounce of ability they will realise that they are completely in the wrong.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Anyone had any sucess getting a refund from Overclockers.co.uk?

 

 

Yes, I dealt with them a few weeks ago on behalf of my cousin. PM me and I will arrange to send you a copy of the letter I used.

 

Paid up by the deadline I had given them.

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Actually here is the letter I sent. Obviously adapt accoringly!

 

FAO Mark Stephen Proudfoot

Esnet Limited T/A Overclockers UK

Unit 40 Imex Business Park

Ormonde Street

STOKE ON TRENT

ST4 3NP

 

16 January 2007

 

BY ROYAL MAIL RECORDED DELIVERY

 

Dear Sir

 

Our Client: - Mr Annoyed Customer, etc etc etc

Corsair 1GB DDR2 PC4200 (Product Code MY-066-CS): - Faulty Component

 

NOTIFICATION OF INTENTION TO COMMENCE LEGAL PROCEEDINGS

 

We represent the above named in relation to a purchase made from you on or about 16 October 2006.

 

Our client informs us that he purchased a computer component from you as detailed in the subject line above. He paid a total of £84.11 (inclusive of VAT) and obtained a formal receipt to this effect from you. Almost immediately our client ascertained that the component was faulty and, in any event, not fit for purpose. Accordingly our client has made application to you on numerous occasions for the component to either be repaired, replaced, or a full refund offered. Unfortunately, our instructions are that you have refused to honour our client’s statutory rights in this regard and, to date, this remains the case. Our client has already rejected the goods; however, without prejudice to the generality of the foregoing we are once again, on our client’s behalf, formally rejecting the goods.

 

Pursuant to Section 14 of the Sale of Goods Act 1979 there are implied terms as to quality and fitness when selling goods in the course of a business. Further, by virtue of Section 48A of the same Act, there is a presumption that any fault discovered during the immediate 6 months after delivery of goods was present at the time of delivery. The onus is on the seller to prove otherwise.

 

In the premises we invite you to confirm to us that you will now honour our client’s statutory rights and arrange to refund our client in full. We also expect you to make arrangements for the collection of the component at your own expense.

 

Unless you contact this office by 4pm on Friday 26 January 2007 confirming the arrangements for our client’s refund; then we have instructions to issue proceedings against you in the Manchester County Court. No further warning and/or correspondence will be entered into. Should proceedings be necessary our client will seek damages, costs, and interest pursuant to Section 69 of the County Courts Act 1984.

 

Your cheque should be made payable to Mr Annoyed Customer.

 

We look forward to hearing from you as a matter or urgency.

 

Yours faithfully

 

 

 

 

 

 

etc etc

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  • 2 weeks later...

Cripes, is that a solicitors letter? I guess there's no harm in the "legalese", it's not a style I adopt, however the facts are all spot on :p

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

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  • 2 months later...
  • 2 months later...

YEY! I won! I sent them a summons via moneyclaimonline, and had a call from the sales manager apologising and has paid the claim in full! Although the claim for the courth costs were labled as a 'good will gesture', cheeky, but at least I got the money!

 

Apparently both the letters had been lost, (I sent recorded delivery) and that is why it got this far.

 

Thanks to all who responded!

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