motherboard not delivered

dave_p_3

On 01/08/09 I placed an order for a motherboard with PC Doctor store.

I paid £150 for this board and to date have not received it.
There terms and conditions state delivery can take up to 8 working days for free delivery (the option I used). After about 10 days I rang them for an update on my order and was told that I had to wait 15 working days before I could inform them of none delivery they also said that the 15 days would start 3 working days from the placement of the order as the 3 days was for processing the order.
I did this through there site online email (I had no copy).
On 26/08/09 I received an email stating
Sorry to hear you have not received your order, your ticket has been passed through to our dispatch department who will now investigate with the courier, please allow up to 3 working days for us to complete our investigations. Sorry for any inconvenience caused.

On the 09/09/09 I received this
We have generated a support ticket to help us track your inquiry. Your ticket code is LTK151035577820X. Please use this code in any further communication.

We have completed our investigations and your goods were lost in transit, we were due to ship out replacements but unfortunately we have been advised by our supplier that this item has now been discontinued. Sorry for any inconvenience caused.
Please go onto the website and fill out a ticket to cancel your order as this needs to be in writing as soon as we receive this we will pass it through to our accounts department
Should you require further assistance or information, please reply to this message or chat live with us during our business hours.
I replied
I should not need to cancel the order as you have canceled it due to the item being lost in transit and the supplier has discontinued the item and you have not offered me an alternative item.

I had to wait for 40 days so you could tell me the motherboard has been lost in transit and the supplier has discontinued the motherboard so I suppose I will have to wait another 40 days before I get my money back.

Also I have checked the manufacturers website and it is still available. (It is not available now)

You seem intent on prolonging this for as long as possible and i do not understand why as all I did was order a motherboard and ask for the tracking information which is not unreasonable for any customer wishing to track the progress of there order.

I work for a logistics company so I now all about tracking shipments that is why I asked for the tracking information
So far it has been 40 days and all they could tell me it was lost in transit. I have asked for the tracking information as I work for a logistics company so I believe that they never placed the order otherwise they would not be so reluctant in not giving me the tracking number.
On 18/09/09 I received this email
We have received your inquiry and are assigning it to a representative. You can expect to receive a response from us within one business day.

Followed by this email today.


Thank you for contacting us.
Our suppliers had notified us that this item has been discontinued so unfortunately we cannot purchase this. All cancellations need to be in writing as per our Terms and Conditions as soon as we have received your ticket it will be passed to the accounts department for them to process. Sorry for the inconvenience caused.
They had already told me this on the 09/09/09 email

This is the reply I have come up with. Any advice on my reply would be appreciated.
As stated previously I have not canceled the order. YOU have by not fulfilling the order or offering a replacement of equal or higher value.

I am fed up with the messing around from you and you are holding my money for no apparent reason as you have failed to fulfill the contract I had with you.

I will give you 5 days (weekends inclusive) for you to refund my money in full otherwise I will be forced to seek a legal recourse for the money for the motherboard as well as interest of 12.5% per day (weekends inclusive) and compensation for the stress and anxiety you have caused due to your inability to fulfill the initial order I placed on 01/08/09 for an EVGA - 132-YW-E179-A1 - nForce 790i SLI FTW MOTHERBOARD and on top of this I will be claiming court costs

Esqui

It is unfortunate, but a full refund is all they are obliged to do. They've got no responsibility to give you a different one at the same price.