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Faulty pc part, refusing to swap or refund!

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I've just had a very annoying 40min arguement with a computer shop along tottenham court road! Long story short is: brought a motherboard there on friday ( i know i could have got it cheaper onli… Read More
fridgehead Avatar
6y, 5m agoPosted 6 years, 5 months ago
I've just had a very annoying 40min arguement with a computer shop along tottenham court road!

Long story short is: brought a motherboard there on friday ( i know i could have got it cheaper online but i needed the next morning)

Got home and got a friend whos a computer engineer to put install it, went to test is and turns out its faulty.

So we took it back today to exchage or get a refund. This is where the problem started.

First we went to the man in the shop and told him the problem (looks like it was dead on arival) instantly he said we don't do refunds so we told him looks its broken so he went to check the board. (he was very rude and looked like this happens alot)

He yanks out the cover covering the cpu and damages the board! and then claims the bits or broken which it wasn't when we left.

After much yelling and argueing the best he offered was to rebend the pins he bent and the send it off to gigabyte and see if they will fix it which we declined. He said they dont change or refund faulty goods which i believe is against the law? because he claims we broke it even though we watched him do it then we asked does he even check the boards before he sells them which he said he doesn't.

So now im left with a broken motherboard, a non working pc (bits ordered online turning up tomorrow) and broke!
Now apart from phoning trading standards tomorrow, and seeing if I can do a visa charge back what else can I do before I go down the small claims route?

Any advice is apprecited?
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fridgehead Avatar
6y, 5m agoPosted 6 years, 5 months ago
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2 Likes #1
Trading standards then court.
#2
Whats the shop called?
#3
ermmm not sure i wanna put it yet until i get a refund but its just pass the odeon and its a small one.
banned#4
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.
#5
mumbojumbo
Gigabyte are very good when it comes to warranty returns. Try them if no help from the vendor.
Should have gone to Yoyotech on Windmill Street!


Cheers, yeah I know but it was raining, I was in my wheelchair and it is was the 1st shop that had a door i could get in!

And Whatsthepoint I know I should have done but I needed it for 8am the next morning.

Cheers adam i was planning on doing that anyways, just couldnt believe how some businesses run, last time I use an independent business.
1 Like #6
The proble with selling Computer hardware is that so many kids & so called computer tecs buy the hardware & take it home & overclock everything & muck it up.Then once the hardware is fried they want a refund from the shop.

I have a m8 that owns a small PC shop & the horror story's he tells me when he's sold something.

I believe the OP is telling the truth & the Hardware was DOA,but I can also see it from the sellers point of view.
#7
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.
Him & his m8 both seen the seller break it with his own hands so they must have a case ?
#8
phone trading standards.
btw he's not technically allowed to test boards before he sells them, if he did they wouldn't be classed as new anymore.
the problem as i see it is that its your word against his. but if they've had similar complaints it makes your case stronger. under sales of goods act he has to refund for faulty goods.
banned#9
WheresMeNuts
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.
Him & his m8 both seen the seller break it with his own hands so they must have a case ?


Not really. An independent witness would be a lot better.
#10
WheresMeNuts
The proble with selling Computer hardware is that so many kids & so called computer tecs buy the hardware & take it home & overclock everything & muck it up.Then once the hardware is fried they want a refund from the shop.

I have a m8 that owns a small PC shop & the horror story's he tells me when he's sold something.

I believe the OP is telling the truth & the Hardware was DOA,but I can also see it from the sellers point of view.


Yeah def, was there with 3 other people who watched him yank it out though, He didnt seem to care one bit. What took the mick was when i asked him what he would do if this was him, and he replyed with nothing i can afford to loss the cash! No wonder he can hes ripping off other people.
#11
Say it was a tv and it didnt work and you went back for a refund, but then they broke it themselves. they should give you the refund.

Surely manufacturers see this often and can exchange easily?
#12
Isn't the Visa chargeback for purchases over £100? was it over £100? I've never built a computer before so don't know the cost of parts or done a card chargeback.
#13
Mum2ConnornCerys
Isn't the Visa chargeback for purchases over £100? was it over £100? I've never built a computer before so don't know the cost of parts or done a card chargeback.


Yeah it was just over £100 so that should be fine.

Also he offered to "fix" it himself at which we said no as he said it would be a few days, and i didnt want to be broke and without anything and then he offered to send it back to gigabyte bacause he has a "special" deal with them apparently, but when we said if you do that why cant he just give us another one, he said no we don't do that, its that or nothing.
#14
fridgehead
last time I use an independent business.


Don't tar all independents with the same brush, some are extremely helpful and knowledgeable.
#15
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.


Would you seriously just roll over and take it if a shop screwed you over?

Hopefully Trading Standards will help out and if court action is required, he'll give in before it happens. Might be worth going in and threatening to get Trading Standards/court involved before you actually do it - the threat might be enough to get him to refund you.
#16
Contact Camden Trading Standards
banned#17
oldmanhouse
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.


Would you seriously just roll over and take it if a shop screwed you over?

Hopefully Trading Standards will help out and if court action is required, he'll give in before it happens. Might be worth going in and threatening to get Trading Standards/court involved before you actually do it - the threat might be enough to get him to refund you.


Personally no, but legally, the OP hasn't got a leg to stand on.
#18
Call the po po

Edited By: farhadmaster on Feb 13, 2011 18:58
[mod] 1 Like #19
Don't get mad.................GET EVEN!!!

http://www.lancashiretelegraph.co.uk/resources/images/1456902/?type=display

Disclaimer : I am not responsible if you are unstable and follow this suggestion.
#20
oldmanhouse
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.


Would you seriously just roll over and take it if a shop screwed you over?

Hopefully Trading Standards will help out and if court action is required, he'll give in before it happens. Might be worth going in and threatening to get Trading Standards/court involved before you actually do it - the threat might be enough to get him to refund you.


You would think so wouldnt you, we tried to phone them in the shop there and he just said go on then i dont care! There closed on sundays so we will phone them tomorrow, he really didnt seem to care one bit, looks like hes had the threat once or twice before.
1 Like #21
What bank are you with ? Like we are with Barclays and Halifax with appropriate bank account types, and everytime we pay for goods on Visa Debit Card, if it is faulty, we can always contact our banks and fill in the form and that's it.

Just don't even bother go through Trading Standards as it will take forever, plus if you contact the bank, they will raise the dispute, and you get your money back first and then the shop will have to listen to you.
banned#22
You're in a wheelchair too?? I'm not one for positive discrimination but surely ripping off a disabled person is pretty low...
banned#23
JonnyTwoToes
[
Personally no, but legally, the OP hasn't got a leg to stand on.


I am sure the OP probably has two legs and the shop has acted illegally by refusing to give a refund on goods it sold and were not fit for purpose.
#24
master_chief
You're in a wheelchair too?? I'm not one for positive discrimination but surely ripping off a disabled person is pretty low...


yep you would think so would'nt you? I even had a letter from my mates very successful computer repair company stating that the motherboard was faulty and the bloke in the shop just said "dont mean nothing anyone could make one of those".
I think even if bill gates went in he would do the same, after looking on google just now theres a few reviews saying hes done the same thing.

Also heovang im with halifax so i will look into that cheers.
#25
JonnyTwoToes
oldmanhouse
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.


Would you seriously just roll over and take it if a shop screwed you over?

Hopefully Trading Standards will help out and if court action is required, he'll give in before it happens. Might be worth going in and threatening to get Trading Standards/court involved before you actually do it - the threat might be enough to get him to refund you.


Personally no, but legally, the OP hasn't got a leg to stand on.


I'm not a "legal expert" but what makes you say that? The whole point of civil courts is to sort out a dispute where one side says one thing, and another says something opposing.

It's up to whoever presides over the court to decide who's talking BS and who deserves their cash back. They won't just throw their hands up and decide it's hopelessly impossible to reach a decision cos the computer shop guy is denying the allegations against him. The fact the OP has witnesses should help, even if they are acquaintances

Edited By: oldmanhouse on Feb 13, 2011 19:09
#26
guv
JonnyTwoToes
[
Personally no, but legally, the OP hasn't got a leg to stand on.


I am sure the OP probably has two legs and the shop has acted illegally by refusing to give a refund on goods it sold and were not fit for purpose.


I do have two legs they just don't work hence the wheelchair, its not really a lifestyle choice tbh.
1 Like #27
Yes..if you have Ultimate Reward Account.. you have the green light, it is very simple process.

Get your money back first and then sort out with the shop, show them who is the boss now..
#28
JonnyTwoToes


Personally no, but legally, the OP hasn't got a leg to stand on.


Thats low, he has already said he was in a wheelchair
#29
I would go back to the shop, say that you're not happy with them so far, & advise them that you're next port of call is Trading Standards, but that you're offering them a final opportunity to sort something out before you make your complaint. See what they say/do, & then act accordingly. Don't shout at them, be polite but firm, and be realistic with your expectations (i.e. don't insist on a new PC).
#30
JonnyTwoToes
oldmanhouse
JonnyTwoToes
You got a problem here.
Normally, you can return ANYTHING if it is deemed not to be fitting for the purpose intended (regardless of what the guy tells you).

HOWEVER, now you've taken it back and it has been broken, it is your word against his.

To be honest, you will be wasting your time if you get a third party involved.

Best to do all you can with the shop you bought it from (is it an independent by the way?) and never go back.


Would you seriously just roll over and take it if a shop screwed you over?

Hopefully Trading Standards will help out and if court action is required, he'll give in before it happens. Might be worth going in and threatening to get Trading Standards/court involved before you actually do it - the threat might be enough to get him to refund you.


Personally no, but legally, the OP hasn't got a leg to stand on.


JTT, every so often you just come out with a classic.
Nothing to do with the OP being in a wheelchair, but to say someone buying faulty goods from a legitimate source hasn't got a leg to stand on?
Can I have some of what JTT's on please?
1 Like #31
1) If the item is not fit for purpose then they are in breach of sales of goods act and must repair or replace
2) While no refunds can be a policy, he has a legal responsibility to provide 12months warranty from purchase
3) in highsight you should of asked for the manager as clearly this guy didn't care and was ignorant to the extreme, described how his employee damaged the motherboard and is in complete ignorance of UK consumer laws which that shop must abide by
4)The employee in question could be done for criminal damage because if he was adamant on no refund or replacement then he damaged your property and no had clue what he was doing and as such you could report him for property and criminal damage.
5) This is a perfect case of why I love online stopping DSR means I can return anything mailed to me within 7days, get full refund, for any bloody reason i please.
There are plenty of reputable computer shops you could of gone to, why you went to TCR with these dodgy foreign owned and run places, unaware of UK consumer laws and rights, with no reliable or legitimate reputation is beyond me, this is what happens when you don't research properly and rush.

I highly recommend spending 15mins making alot of notes as to what happened and contract trading standards tomorrow.

I just hope you used a credit card who should refund the charge once you explain it all to them.
5)

Edited By: schizoboy on Feb 13, 2011 20:19
#32
schizoboy
1) If the item is not fit for purpose then they are in breach of sales of goods act and must repair or replace
2) While no refunds can be a policy, he has a legal responsibility to provide 12months warranty from purchase
3) in highsight you should of asked for the manager as clearly this guy didn't care and was ignorant to the extreme, described how his employee damaged the motherboard and is in complete ignorance of UK consumer laws which that shop must abide by
4)The employee in question could be done for criminal damage because if he was adamant on no refund or replacement then he damaged your property and no had clue what he was doing and as such you could report him for property and criminal damage.
5) This is a perfect case of why I love online stopping DSR means I can return anything mailed to me within 7days, get full refund, for any bloody reason i please.
There are plenty of reputable computer shops you could of gone to, why you went to TCR with these dodgy foreign owned and run places, unaware of UK consumer laws and rights, with no reliable or legitimate reputation is beyond me, this is what happens when you don't research properly and rush.

I highly recommend spending 15mins making alot of notes as to what happened and contract trading standards tomorrow.

I just hope you used a credit card who should refund the charge once you explain it all to them.
5)


Thats brill cheers, yeah i know i should have used online i normally always do but I was in a rush and yeah it was my fault for not going to a good decent place but still didnt expect that type of after sales.
#33
fridgehead
schizoboy
1) If the item is not fit for purpose then they are in breach of sales of goods act and must repair or replace
2) While no refunds can be a policy, he has a legal responsibility to provide 12months warranty from purchase
3) in highsight you should of asked for the manager as clearly this guy didn't care and was ignorant to the extreme, described how his employee damaged the motherboard and is in complete ignorance of UK consumer laws which that shop must abide by
4)The employee in question could be done for criminal damage because if he was adamant on no refund or replacement then he damaged your property and no had clue what he was doing and as such you could report him for property and criminal damage.
5) This is a perfect case of why I love online stopping DSR means I can return anything mailed to me within 7days, get full refund, for any bloody reason i please.
There are plenty of reputable computer shops you could of gone to, why you went to TCR with these dodgy foreign owned and run places, unaware of UK consumer laws and rights, with no reliable or legitimate reputation is beyond me, this is what happens when you don't research properly and rush.

I highly recommend spending 15mins making alot of notes as to what happened and contract trading standards tomorrow.

I just hope you used a credit card who should refund the charge once you explain it all to them.
5)


Thats brill cheers, yeah i know i should have used online i normally always do but I was in a rush and yeah it was my fault for not going to a good decent place but still didnt expect that type of after sales.


Yeah i was lucky i learned via friends having problems with stupid, arrogant and ignorant TCR front line staff., probably the recent immigrant and relative of the store manager/owners, who have no interest in informing them of UK rights and encourage sales above customer services and upholding consumer rights above everything else.

I'm waiting for someone to call me racist right now, which would be hilarious given my partial asian heritage :)

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange
MSE is a great place to see some good advice and real world examples something which Gov. websites fail to do.
http://www.Bitterwallet.com also has some good guides.

I suggest printing out Sales of Goods act and the bit about "fit for purpose" and going back for a brand new replacement, just ensure you don't talk to a sales monkey but someone who knows wtf they are talking about.


Edited By: schizoboy on Feb 13, 2011 20:32
#34
schizoboy
fridgehead
schizoboy
1) If the item is not fit for purpose then they are in breach of sales of goods act and must repair or replace2) While no refunds can be a policy, he has a legal responsibility to provide 12months warranty from purchase3) in highsight you should of asked for the manager as clearly this guy didn't care and was ignorant to the extreme, described how his employee damaged the motherboard and is in complete ignorance of UK consumer laws which that shop must abide by4)The employee in question could be done for criminal damage because if he was adamant on no refund or replacement then he damaged your property and no had clue what he was doing and as such you could report him for property and criminal damage.5) This is a perfect case of why I love online stopping DSR means I can return anything mailed to me within 7days, get full refund, for any bloody reason i please.There are plenty of reputable computer shops you could of gone to, why you went to TCR with these dodgy foreign owned and run places, unaware of UK consumer laws and rights, with no reliable or legitimate reputation is beyond me, this is what happens when you don't research properly and rush.I highly recommend spending 15mins making alot of notes as to what happened and contract trading standards tomorrow.I just hope you used a credit card who should refund the charge once you explain it all to them.5)
Thats brill cheers, yeah i know i should have used online i normally always do but I was in a rush and yeah it was my fault for not going to a good decent place but still didnt expect that type of after sales.
Yeah i was lucky i learned via friends having problems with stupid, arrogant and ignorant TCR front line staff., probably the recent immigrant and relative of the store manager/owners, who have no interest in informing them of UK rights and encourage sales above customer services and upholding consumer rights above everything else.I'm waiting for someone to call me racist right now, which would be hilarious given my partial asian heritage :)http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchangeMSE is a great place to see some good advice and real world examples something which Gov. websites fail to do.http://www.Bitterwallet.com also has some good guides.I suggest printing out Sales of Goods act and the bit about "fit for purpose" and going back for a brand new replacement, just ensure you don't talk to a sales monkey but someone who knows wtf they are talking about.
Just because you have a "partial asian heritage" doesn't mean you aren't racist. Generalising that a foreign owned place is dodgy or, that the ignorant staff is a recent imigrant relative of the owner is racist behaviour it would be like me saying all netherlanders are potheads or all polish people are stupid.
Other than that your links and advice are spot on.
Appologies to any Polish or Netherlanders who read this site except the drugged up stupid ones. (_;)



Edited By: trog0 on Feb 15, 2011 03:47
#35
trog0 having lived in London for 30years, having seen these places on TCR, seen the disgusting way places like wembley operate, the corrupt councils etc
The ales monkeys for the most part being immigrants barely able to grasp the the english langage, completely unaware, uncaring for the letter of the law or the spirit of it, call me racist then, but I know what I have seen with my own eyes.
I know of business's owned by Asians and their interest, for the most part is not in good employee relations, it is not in abiding by UK law.
Happy to keep illegal immigrants by the numbers in small box rooms in the flat above a business, knowing they won't moan to the police for fear of deportation.
Knowing they can pay them below minimum wage.
What is basically indentured servitude ruled by fear.
Suuuureeee other ethnic minorities do the same.
But it is endemic by so many eastern culture's it's standard operating procedure.
These aren''t prejudices, this, imo, is not racism.
These are facts, powered by greed.
Simples.

Feel free to approach HUKD staff to have me banned if recounting what I have personally witnessed, knowing the culture involved makes me racist.
#36
I have no intention of censoring myself to maintain the politically correct status quo.
#37
schizoboy
trog0 having lived in London for 30years, having seen these places on TCR, seen the disgusting way places like wembley operate, the corrupt councils etcThe ales monkeys for the most part being immigrants barely able to grasp the the english langage, completely unaware, uncaring for the letter of the law or the spirit of it, call me racist then, but I know what I have seen with my own eyes.I know of business's owned by Asians and their interest, for the most part is not in good employee relations, it is not in abiding by UK law.Happy to keep illegal immigrants by the numbers in small box rooms in the flat above a business, knowing they won't moan to the police for fear of deportation.Knowing they can pay them below minimum wage.What is basically indentured servitude ruled by fear.Suuuureeee other ethnic minorities do the same.But it is endemic by so many eastern culture's it's standard operating procedure.These aren''t prejudices, this, imo, is not racism.These are facts, powered by greed.Simples.Feel free to approach HUKD staff to have me banned if recounting what I have personally witnessed, knowing the culture involved makes me racist.
And you have proof of all this then do you? If so it's your duty to report it to an official agency, not to rant about it on a shoping forum in a thread that never once mentioned that the person who served the op was of foreign extraction. I'm not telling you how to think or trying to censor you in any way, everyone has a right to an opinion. But, unless you bring evidence to support it that's all it is.
As I said your advice was spot on but the generalisation of a people as dishonest is offensive. As offensive as saying all Jamacian immigrants smoke ganja or all Russians are drunks.



Edited By: trog0 on Feb 15, 2011 21:48
#38
Hard evidence no, combination of what I have seen and heard and from what I heard before it was reported.
My generalisation doesn't come from the daily mail etc.
It comes from something far more real and experienced year on year.
Your examples all come from generic cultural prejudices, mine come from reality, so again, I have no intention of censoring myself or changing what I have said.
#39
schizoboy
Hard evidence no, combination of what I have seen and heard and from what I heard before it was reported.My generalisation doesn't come from the daily mail etc.It comes from something far more real and experienced year on year.Your examples all come from generic cultural prejudices, mine come from reality, so again, I have no intention of censoring myself or changing what I have said.
Now you are contradicting yourself. From your response it looks like your opinion comes from pure hear say and is therefore as much a generalisations as my examples. I have no intention of arguing with you as it seems we will just go on and on contradicting each other without providing conclusive evidence either way. I am sure there are unscrupulous people out there using immigrants in the way you say and I am sure you know there are people who are not immigrants who flout the laws of the land in the same way as you say these immigrants do.
#40
I've no doubt there are immigrants abiding the letter of the law, when it comes to civil rights/human rights, let alone taxes, alot tend to need to be shown what they are doing wrong or charged, instead of using their own initiative to learn, adapt, integrate and abide by the law.
If you wish to discredit what i have said with assumptions I can't stop you:)

Unfortunately the recent dispatches tv show demonstrates some of this.

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