OCUK - Faulty Motherboard

bris

OLDCell wrote: »

They said they don't check the motherboards... It would be Quality Checked at manufacturer. Also Asus boards are not sealed!! Makes it so Asus can resell without stating an item has been opened/refurbished.

I'm now looking into the S75 stuff... so much legal stuff I need to be a bloody lawyer to understand it all.

Ok, this is even worse for them, as they are saying that they will never refund a faulty product as the manufacturer could never let one leave their factory. It is a very brave statement to say Asus have never sold a faulty product.
If you paid by credit card then contact the customer services and they will send the forms for your s.75 claim, it is an easy process and you should have no trouble getting your money back.

PZH

OLDCell wrote: »

I'm now looking into the S75 stuff... so much legal stuff I need to be a bloody lawyer to understand it all.

As bris states - contact your CCC and ask them to send the forms.

It is OCUK's responsibility to recover the faulty goods - but it is up to you to take reasonable care of them and to make them available to collect.

OLDCell

Thanks for the replies, at lunch I'm going to call HSBC and see where I can get with them.

If OCUK are going to be ****s I will try every which way to get my money back!!

What is the process if I do manage to get HSBC to sort it out under S75, do I have to pay postage to send the rubbish back to OCUK?

PZH

OLDCell wrote: »

What is the process if I do manage to get HSBC to sort it out under S75, do I have to pay postage to send the rubbish back to OCUK?

After a successful claim, I would write a letter to OCUK, sent recorded delivery, stating that they have 14 days to collect the item or it will be disposed of.

OLDCell

Thanks!!

I'm sure this is not going to be an easy ride, I work in a Uni so I have contacted some law academics from my faculty to see if they can share some advice.
Fingers crossed as I now don't have a PC at home as old hardware sold and a new one I can't build! Argh!!

Annisele

My partner had a very similar problem with OCUK and a dead motherboard. He sent it back to OCUK and made a s75 claim to his credit card company; the credit card company paid out without problems. (He initially paid for the postage to send the thing back, but the credit card company refunded it).

gnaril

Some peoples advice is a little hmmm on here.

IF the merchant have made their position clear that it was checked etc before it was sent out and you are maintaing it was damaged when it was recieved.

you know what we have here - a conflic of opinion. You have no evidence that the item was recieved faulty and that you didnt damage the pin.

First 6 months its down to the merchant to prove it isnt faulty. I beleive their response that they are quality checked/signed off before dispatch/ i assume checked and them automatically sealed.

Your bank under Section 75 would have to have evidence that there has been a breach of contract or misrepresentation on the part of the merhcant.... Where is that proof from the info you have posted.

Its you work against theirs and the bank is unable to mediate only a court can.

They previous post aswell there is a difference between a chargeback and a Section 75 loss. PEople arent always clear where they beleive they have had a section 75 refund and its not.


In any case its a bit of a sticky one. I deal with Section 75 claims and tbh I would likely go back to the company on your behalf as this tends to put pressure on them but at the end of the day its he said, she said and you wouldnt be getting a refund.

THe posts stated give them 14 days to collect the item or dispose off is complete nonsense I would NOT be following that advice.

Anyways all the best OP.

bris

Ther is no conflict of opinion here, the SOGA clearly states the seller must prove there was no damage when the motherboard was dispatched, their word for this is simply not enough, they need proof. Who is to say it wasn't damaged in their warehouse, they did say it wasn't checked at dispatch. After 6 months the onus is on the buyer, the law will side with the buyer and a s75 claim here will work.

gnaril

well i aint here to argue on your superior knowledge.

Having worked Section 75 cases for the last 8 years....

there is a clear conflict.

Merchant - item checked by manufacturer and sealed.

OP - recieved item and pin busted.

The case with its current information has no case. Take from that what you will. I come on here to post helpful information to people as and where possible. take my advice or leave it.

All the best OP anyways

Bin_Boy

gnaril wrote: »

there is a clear conflict.

Merchant - item checked by manufacturer and sealed.

OP - recieved item and pin busted.

I'm lost here, the previous post clearly indicates that the merchant (OCUK) does not check the item when they arrive with them or prior to dispatch. They simply rely on the fact that the manufacturer has not sold them a faulty good. Therefore I fail to see how the merchant could ever prove that the goods were not faulty at when dispatched as they have clearly not checked and have no reference point...

Then again I'm not familiar with any of the legislation, but if the onus of proof is truly set out to be on the merchant I can't see how they can legitimately refuse a refund/exchange.

Also do you not have a right to cancel under the distance selling regulations, admittedly you would be under a duty to 'to take reasonable care of them' until they were returned, but given they are broken anyway....

Not that I know much about these regs. I'm just thinking aloud really and someone else may be able to better advise.