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2nd Opinion Required - Trading Standards were no use!
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The_Edge
Posts: 89 Forumite
Hi Guys,
I have what has become quite a complicated issue, and trading standards either seem unable or unwilling to help.
I will try to keep this brief, but these are the basics:
I had a Compaq IPAQ which I allowed to discharge & lost all the data, so I got in touch with a reputable firm to take a look to see if recovery of the data was possible.
I delivered the item to their Office in London, and they replied by email a week later saying recovery was not possible, and said to give them an address where I wanted the item returned to, if I wanted it returned (this looked like a standard template).
I replied and had a few other questions as their explanation didn't make any sense. I spent a few weeks pursuing this, my emails were always ignored and it was almost impossible to speak to anyone on the phone.
When I finally spoke to someone, (which was a couple of months later) he apologised, and said the guy I had been emailing had a problem with his emails - not very good for a data recovery company!
Anyway, he told me to forward everything to him & he would deal with it. At this point I was working abroad most of the time, so it slowed down the process.
Then he ignored my mails!! Again, the process went around again with no response. I even tried their online contact form but this was ignored. I then sent another mail via this method using a different email & saying I was a potential client - they got straight back to me!! So they couldn't claim that wasn't working.
After all this, I contacted Consumer Direct - I just wanted my IPAQ back at this point.
Before the letter, I called again and spoke with another guy, who apologised promised to find my item and return it to me. He said he had found my case on the computer, and said they would search the 10,000 items they have there to find it and this may take a couple of days.
Again no response, so I had to call him - all I was told was it takes time, and that I didn't need to worry because if it was lost they would pay for it.
More time passed, so I contacted him again, this time he was totally different on the phone, trying to say he didn't remember me & eventually said he had passed it to a different department.
After various messings, I spoke to someone who said they had emailed me a few days before - haven't you received it? Of course not...
So, I was told nothing on the phone, then they finally sent me the mail - which wasn't forwarded.
What happened next is unbelieveable:
We understand that you have requested the return of your original equipment.
We received you media on 12/05/2008. As stated in our terms and conditions we normally keep all items send to us for a period of 14 days after all data has been sent. Unfortunately because your request was not received by our laboratory within 14 days of the job being completed we are unable to return your equipment. After 14 days all customer equipment is securely disposed of in an environmentally considerate way as detailed in our terms and conditions.
We are sorry we cannot help you any further on this occasion.
Best Regards,
When I delivered the item, I was given no T & Cs, and signed nothing. Plus, I emailed them as soon as they made contact with me to say recovery was not possible! Why would I want to dispose of it - it was working perfectly! Plus, nobody had advised me of this when I had sent numerous emails & had numerous calls with their office!
My guess is they have lost it - but are now back-tracking and trying to cover everything up in their (not advised to me) T & Cs.
Consumer Direct advised me to send a recorded delivery letter to them - which I did. Again this was all ignored.
After a few weeks, I contacted ConsumerDirect again and they put Trading Standards on to me. This is complicated as well, because I am based in the Midlands (so my local TS contacted me) but the Company Head Office is in Cardiff. TS advised they passed the case on to Cardiff TS.
TS then emailed me to say it would appear the only course of action would be to take them to the Small Claims Court - basically there was nothing they could do! I was kind of hoping they would at least contact the retailer, and try to get an explanation!
So, what should I do next? it appears that Cardiff TS are almost impossible to speak with. Is Small Claims my only course - TS kept telling me it is complicated & may not be successful...
Sorry for the long post - this really is the short version!!
Does anyone have any advice or help?
Much appreciated.
I have what has become quite a complicated issue, and trading standards either seem unable or unwilling to help.
I will try to keep this brief, but these are the basics:
I had a Compaq IPAQ which I allowed to discharge & lost all the data, so I got in touch with a reputable firm to take a look to see if recovery of the data was possible.
I delivered the item to their Office in London, and they replied by email a week later saying recovery was not possible, and said to give them an address where I wanted the item returned to, if I wanted it returned (this looked like a standard template).
I replied and had a few other questions as their explanation didn't make any sense. I spent a few weeks pursuing this, my emails were always ignored and it was almost impossible to speak to anyone on the phone.
When I finally spoke to someone, (which was a couple of months later) he apologised, and said the guy I had been emailing had a problem with his emails - not very good for a data recovery company!
Anyway, he told me to forward everything to him & he would deal with it. At this point I was working abroad most of the time, so it slowed down the process.
Then he ignored my mails!! Again, the process went around again with no response. I even tried their online contact form but this was ignored. I then sent another mail via this method using a different email & saying I was a potential client - they got straight back to me!! So they couldn't claim that wasn't working.
After all this, I contacted Consumer Direct - I just wanted my IPAQ back at this point.
Before the letter, I called again and spoke with another guy, who apologised promised to find my item and return it to me. He said he had found my case on the computer, and said they would search the 10,000 items they have there to find it and this may take a couple of days.
Again no response, so I had to call him - all I was told was it takes time, and that I didn't need to worry because if it was lost they would pay for it.
More time passed, so I contacted him again, this time he was totally different on the phone, trying to say he didn't remember me & eventually said he had passed it to a different department.
After various messings, I spoke to someone who said they had emailed me a few days before - haven't you received it? Of course not...
So, I was told nothing on the phone, then they finally sent me the mail - which wasn't forwarded.
What happened next is unbelieveable:
We understand that you have requested the return of your original equipment.
We received you media on 12/05/2008. As stated in our terms and conditions we normally keep all items send to us for a period of 14 days after all data has been sent. Unfortunately because your request was not received by our laboratory within 14 days of the job being completed we are unable to return your equipment. After 14 days all customer equipment is securely disposed of in an environmentally considerate way as detailed in our terms and conditions.
We are sorry we cannot help you any further on this occasion.
Best Regards,
When I delivered the item, I was given no T & Cs, and signed nothing. Plus, I emailed them as soon as they made contact with me to say recovery was not possible! Why would I want to dispose of it - it was working perfectly! Plus, nobody had advised me of this when I had sent numerous emails & had numerous calls with their office!
My guess is they have lost it - but are now back-tracking and trying to cover everything up in their (not advised to me) T & Cs.
Consumer Direct advised me to send a recorded delivery letter to them - which I did. Again this was all ignored.
After a few weeks, I contacted ConsumerDirect again and they put Trading Standards on to me. This is complicated as well, because I am based in the Midlands (so my local TS contacted me) but the Company Head Office is in Cardiff. TS advised they passed the case on to Cardiff TS.
TS then emailed me to say it would appear the only course of action would be to take them to the Small Claims Court - basically there was nothing they could do! I was kind of hoping they would at least contact the retailer, and try to get an explanation!
So, what should I do next? it appears that Cardiff TS are almost impossible to speak with. Is Small Claims my only course - TS kept telling me it is complicated & may not be successful...
Sorry for the long post - this really is the short version!!
Does anyone have any advice or help?
Much appreciated.
0
Comments
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Send the company a letter, by registered post, outlining your story. Also in the letter state that they have 14 days to return the item (or the value of the item) to you and if they fail to do so you will start proceedings in the Small Claims Court to recover the value of your property. Obviously you should state the value too.
This letter is known as a letter before action. Google it for many examples.
Have a look at Money Claim Online for the process.0 -
demand they replace your item, if they dont take them to the small claims court.
do you have proof of postage ?0 -
Were the terms and conditions on the website?
if the company can show that they could "reasonably assume" that you were aware of their T&C's, you might lose.
But, they might roll over and pay you damages without court action if you threaten it and they think they will lose...
This is a very loaded case, maybe you could find a local law firm with half an hour free?Signature down for maintenance :rotfl:0 -
I have sent them this letter, including telling them they had 14 days. I sent it by special delivery - and it was delivered, plus I have the special delivery receipt still.
It was all ignored.0 -
Small claims aren't too difficult - our local court has the documents on line and there are guidelines throughout.
I'd highly recommend Which Legal Services too. For a small fee, you have access to Which's solicitors who I've found to be very helpful, friendly and effective.
Good luck.0 -
T & Cs were on the website - at least when they advised me of the disposal. I have no idea if they were there when the whole thing started.0
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Whats the name of the company in question?
Did you go to them as an individual or as a business?0 -
Did you tell them what you were going to do if they did nothing in those 14 days?I have sent them this letter, including telling them they had 14 days. I sent it by special delivery - and it was delivered, plus I have the special delivery receipt still.
It was all ignored.
If so, carry out your next step.
Small Claims can be done online... quite easy really.
See link in my previous post.0 -
The Company is Fields Data Recovery - www.fields-data-recovery.co.uk/,
I wasn't sure if I could post their name. I went to them as an individual.
Needless to say I wouldn't recommend them!!!
I sent the letter just to the Company as I couldn't find a CEO or anyone's name on the site. It basically said I would take further action if they failed to respond. I didn't mention Small Claims Court, I just put take further advice & help from Trading Standards, which I have done.0 -
Sorry to hear about the way Fields Data Recovery have treated you. If you Google the name you will see the forum and blog I setup to help people like me and you who were ripped off.
I agree with the poster regarding Which? Legal service, especially since there are no lawyers who will want to deal with a small claims case of this nature.
Bridgend Trading Standards are apathetic and unwilling to act in spite of the mountain of evidence they have, Fields are screwing people every day in this way and nobody seems willing to act.
Regarding the return of your equipment and the terms and conditions, please PM me and I will suggest a strategy.
I am more careful now because Fields have me on their radar and read all my posts.0
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