distance selling and pc's please help

kareware27

My son has just spent £950 with a company called Mesh Computers to have a custom built PC made,he had it delivered and spent 3 days starting it up only for it to get to a certain point and it froze on him... sometimes it froze when windows did automatic updates, I'll explain the reason for stating this a little later, and sorry this is gonna be a longish whinge. He rang the company twice and both times they talked him through wiping it and resetting the pc, which he did but to no avail... by the third time of ringing they said they would send him a label to return the pc as they had no idea why it would not work for him.
He returned the pc about 5 days ago. Yesterday they rang him to say that when they received the pc the first thing they did was take the hard drive out and replace it (note they did not even test the machine as it had been returned..) and told us that the hard drive was ok... they said that they had tested everything else and it seemed to be a software error that had caused the pc not to work and they did not cover that repair so he would have to pay £45 for the technician who looked at it and another £35 to have it delivered back to him.
When we asked why, they said they do not support third party software and my son had acquired 3rd party automatic updates from windows updates... which, (he comes the explanation) he received due to loading a microsoft windows disc that Mesh had provided him with , which automatically updates!!! is anyone following me on this? we have asked for a refund from Mesh and they have refused, saying they don't support microsoft windows updates even though they provide a microsoft windows disc which is also already installed, how can they not support that??? with the new machine... now they have our machine and our money... please can someone help, also Mesh advised him to install the updates to see if the pc worked once he had installed them... me thinks we are being ripped off....please help!

Judas

Theres something not right about this. A windows update wouldnt kill the PC unless it had incompatible software or hardware involved. If your son has asked or put on incompatible software then they may be right.

If he hasnt it isnt fit for the purpose.

DSR will not apply as it is custom built

4743hudsonj

Not sure distance selling applies anymore as you didnt notify your intention to return in time.

However they are talking out of their bottom about these updates etc. Their warranty may not cover it but the sale of goods act most certainly does. Write to them (with a pen, paper and recorded delivery)stating the goods are clearly not "fit for purpose" or of satisfactory quality and as such you wish to reject the goods and claim a refund which the act allows for in a "reasonable time". State that they have 14 days to process your request or you will begin small claims proceedings to reclaim your money. Title the letter "letter before action".

This should scare them into a refund but if not follow through with the threat and sue...

4743hudsonj

Judas wrote: »

DSR will not apply as it is custom built

Unless they manufactured bespoke parts, built to spec pcs are not considered custom for the sake of DSR as they are "off the shelf" parts.

kareware27

Hi thanks for your reply but the only software installed was windows updates, this was done 3 times under the technical help desk's instruction, and each time the same fault occurred... they are now saying that this update file may be corrupt... please reply back. I apologise also we have not complained under distance selling act but sale of goods act, which says traders must sell goods of satisfactory quality and fit for the purpose, which this pc is not

Judas

An update file is corrupt?
If this is the case then don't use the disc and autoupdate through the internet. Restore to factory then update off the online updates. Problem solved.

kareware27

4743hudsonj wrote: »

Not sure distance selling applies anymore as you didnt notify your intention to return in time.

However they are talking out of their bottom about these updates etc. Their warranty may not cover it but the sale of goods act most certainly does. Write to them (with a pen, paper and recorded delivery)stating the goods are clearly not "fit for purpose" or of satisfactory quality and as such you wish to reject the goods and claim a refund which the act allows for in a "reasonable time". State that they have 14 days to process your request or you will begin small claims proceedings to reclaim your money. Title the letter "letter before action".

This should scare them into a refund but if not follow through with the threat and sue...

thanks for that how could this have not been done "in time" we only had the pc 3 days and it did not work for any of the 3 days, thanks for your reply

kareware27

Judas wrote: »

An update file is corrupt?
If this is the case then don't use the disc and autoupdate through the internet. Restore to factory then update off the online updates. Problem solved.

thanks for your reply but this has been done they are saying that the auto update file must have been corrupt, despite downloading it 3 times

4743hudsonj

kareware27 wrote: »

thanks for that how could this have not been done "in time" we only had the pc 3 days and it did not work for any of the 3 days, thanks for your reply

i was referring to the time limit of dsr(which is what you stated) which is 7 days to request a refund, and its sounds like you didnt do this.

Not that it really matters because your complaining under SOGA.

adam.mt

From what you say it seems the PC isn't 'fit for purpose'. However, since PCs are complicated things it's possible something has happened that genuinely isn't Mesh's fault or their liability (third party software, driver, virus infection etc.). If Mesh dispute it being their fault then you have little option but to complain higher up the management ladder and if that doesn't work either pay up or take to the Small Claims Court. If you do proceed that route then you'd likely need an independent report commissioned for evidence; you'd have to pay for this and claim the cost back (if the court decision is in your favour).

Since so little time has passed from new I'd push further with the company and ask for a full report of what they diagnosed the fault as and how they repaired it. If they aren't specific enough in their report then they may be trying to fob you off, alternatively it may reveal an issue which couldn't reasonably be expected their fault; you won't know until you request and receive it. The problem is just getting info over the telephone could be too ambiguous; it would be best to have in written as it gives you something to clearly dispute.

pimento

If you Google Mesh, there are a few forums with disgruntled users who might help you get your money back.