Forced Under Duress To Cancel Warranty In Order To Claim My [Still Faulty] PC Back!

Marv02 · 7 September 2010 at 12:42AM

gordikin wrote: »

What do you expect them to do for you? You are not a customer of theirs, you have bought nothing from them, therefore they have no obligation to you.

Aww you see... If that is the case then, why did they happily keep MY computer against my will which belongs to ME under duress until I paid a fee?... And if what you say is true, and I wasn't a customer of them, then would that not count as theft, and fraud? They told me in their own words "Pay, or we won't release your PC!" Does that not sound like clear duress to goods, to you?

I don't think you read post 9 Here If they've done that much, to a point where they accepted a return from me, and also accepted that they would take it back from me to repair under the warranty, which wasn't even in my name, and they knew this, they also knew that I purchased the computer from the original owner, and also had no problems trying to charge MY debit card with a £38 repair fee... If this is the case, and it is... I would like to believe that this was a huge cok-up, and would be impossible to see them slide out of it.

This is what I'm trying to find out, how to get back at them legally. If not consumer rights, then the next thing... I'm not legal savvy, but I do know there's always that little something out there that will work in your favour when it comes down to law. Last year I was fined by the police for £270 for something that was false, people told me, even though you were proven innocent, the fine is not refundable. (even the police said this.) Well, after 2 months of going back and forth on the forums here, one random member found out a way to get a refund. - And It actually worked. So there are ways, I'm just here looking for them.

Again, the point out, if I was not a customer, then they illegally held my goods against my will. There you go, I've already found something I could probably use against them. Secondly, they voided out some poor guys warranty, for what someone else did... Another cok-up! To many faults happened from their side, it must be usable against them, somehow.

pcombo · 7 September 2010 at 1:42AM

OP, You bought the pc second hand. You never agreed to the companies terms and conditions, you cannot enforce them against the company as your not he original owner you cant change transaction data and order details to you.

Maybe do basic tests swap parts around with known good stuff from another pc and try it that way.

Marv02 · 7 September 2010 at 1:58AM

pcombo wrote: »

OP, You bought the pc second hand. You never agreed to the companies terms and conditions, you cannot enforce them against the company as your not he original owner you cant change transaction data and order details to you.

Maybe do basic tests swap parts around with known good stuff from another pc and try it that way.

I'm not quite sure you understood the post above, but thanks for trying anyways. Regarding the machine, yes, two major parts are faulty. The Motherboard and GPU which will come to a total of £100 to replace (and thats ebay prices.)

mynameisdave · 7 September 2010 at 2:03AM

OK. You're right. File with your local court and you will be awarded £1,000,000 in punative damages for this scamming company. You already know "for a fact" that they were scamming you so the case will be over in minutes

You've been told what you WANT to hear

/thread.

Marv02 · 7 September 2010 at 3:08AM

mynameisdave wrote: »

OK. You're right. File with your local court and you will be awarded £1,000,000 in punative damages for this scamming company. You already know "for a fact" that they were scamming you so the case will be over in minutes

You've been told what you WANT to hear

/thread.

So wait a sec, are you telling me, even after they lied to me, taking my PC into their position, then on top holding it against my will for a fee... IS NOT WRONG? OR ILLIGAL? Forcing me to end a warranty that wasn't even mine, in order to get MY machine back is NOT considered duress? So as long as the warranty was not under my name... They have the lawfully given right to have done all the above? I highly doubt that, and that's why I'm here seeking legal advice.

I would like it if you kept out of this thread from here on out, thank you.

Coopdivi · 7 September 2010 at 3:17AM

Gordikins is an argumentative git at the best of times but he is absolutely right with his comments on this thread.

Anyway Marv, if you got the computer half price but you've got to pay out £138 in total surely you're still quids in?

Marv02 · 7 September 2010 at 3:53AM

Coopdivi wrote: »

Gordikins is an argumentative git at the best of times but he is absolutely right with his comments on this thread.

Anyway Marv, if you got the computer half price but you've got to pay out £138 in total surely you're still quids in?

Thanks but, I purchased the machine (THEN) hoping to sell it on to make a few quid, I was strapped for cash so I did my best to find little bargains that would help my financial needs. The second hand value for it (comparing it on eBay) was around £250 so I said I can't go wrong in bagging £50 for a little receiving and sending. Now having to add around £100+ makes it at least £300. If I were to sell it after I get the repairs done today, I'd be lucky to get £150 for it. All in all, I would have lost £150. You have to understand the pain I'm in.

- Before I even purchased the machine, I contacted Dino PC and let them know of the situation and that I'd be taking possession, I confirmed with them if that was O.K and they never objected. Simply said "Sure, that's fine, just send it back to us with a note with your name an address and we'll inspect the machine for you and fix any faulty parts." Does that sound like I was in the wrong? It was all sweet and innocent, the guy sounded friendly so I didn't think anything of it.

BLT_2 · 7 September 2010 at 5:34AM

Marv02 wrote: »

Aww you see... If that is the case then, why did they happily keep MY computer against my will which belongs to ME under duress until I paid a fee?... And if what you say is true, and I wasn't a customer of them, then would that not count as theft, and fraud? They told me in their own words "Pay, or we won't release your PC!" Does that not sound like clear duress to goods, to you?

I don't think you read post 9 Here If they've done that much, to a point where they accepted a return from me, and also accepted that they would take it back from me to repair under the warranty, which wasn't even in my name, and they knew this, they also knew that I purchased the computer from the original owner, and also had no problems trying to charge MY debit card with a £38 repair fee... If this is the case, and it is... I would like to believe that this was a huge cok-up, and would be impossible to see them slide out of it.

This is what I'm trying to find out, how to get back at them legally. If not consumer rights, then the next thing... I'm not legal savvy, but I do know there's always that little something out there that will work in your favour when it comes down to law. Last year I was fined by the police for £270 for something that was false, people told me, even though you were proven innocent, the fine is not refundable. (even the police said this.) Well, after 2 months of going back and forth on the forums here, one random member found out a way to get a refund. - And It actually worked. So there are ways, I'm just here looking for them.

Again, the point out, if I was not a customer, then they illegally held my goods against my will. There you go, I've already found something I could probably use against them. Secondly, they voided out some poor guys warranty, for what someone else did... Another cok-up! To many faults happened from their side, it must be usable against them, somehow.

Lots of issues here, firstly I take Gordikins point that you are not a customer of the company and actually bought the item second hand with a known fault.

However I suspect the main sticking point here will be that all of your correspondence appears to have been informal, eg telephone calls. You have no proof of the assertions you are making, the company can validly claim that they are charging you for service received when they reinstalled your OS, unless you have specific proof that the warranty was transferred to your name, and I note their comment that 'warranties are not transferrable'.

I suspect you are on a one way street to a hiding here unless you have some documentary evidence of the chain of events.

DCFC79 · 7 September 2010 at 7:39AM

So why would the firm take the machine to look at it when the OP wa sin possession of it but wasnt the original owner

neilmcl · 7 September 2010 at 8:23AM

OP, you keep telling us that they held the PC against your will. The fact is they gave you a reasonable choice, either pay the £38, or whatever it was, to them for reinstalling the OS, or get it back FOC without the warranty, which you weren't entitled to anyway. I can't see any "duress" there at all.