Scan.co.uk trying it on with me.

molerat

There have been many cases over not honouring the DSR's but this is over an interpretation of the sealed software clause. The op should contact consumer direct for their interpretation.

Flyboy152

CoolHotCold wrote: »

Ignoring obligations yes.

But Scan have taken their own interpertation on DSR's. Computers and Laptops or Netbooks/tablets, items that come pre-loaded with licensed software hasn't been tested before in courts.
I can see both points, but there has to be clarity in the law, and unfortunately theres Grey areas in the law such as the DSR's or SoGA.

Tough to judge.

The regulations are quite clear, as has already been referred to in this and many other threads.

CoolHotCold

Flyboy152 wrote: »

The regulations are quite clear, as has already been referred to in this and many other threads.

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to
cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of
contracts—

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

It says nothing at all about it being loaded on hardware or discs, ergo Grey area of the law and the law is not clear at all in this case.

I do agree however the regulations are quite clear, I can read them as anyone else can. However the interpretation of them can mean different things to different people as the actual laws and points within the law can mean several things.

Bigsy_2

Thanks for the advice guys.

Scan have now deleted my unanswered thread on hexus scan forum with no explanation, I started another, not sure how long it will last: forums.hexus.net/scan-care-hexus/203096-thread-deleted-no-explanation.html (add http /)

I'll have to try and chase consumer direct about it.

Flyboy152

It seems they are now engaging with you, what have they told you?

Bigsy_2

Only reply I got was post #19 in this thread: h tt p://forums.moneysavingexpert.com/showpost.php?p=43785032&postcount=19

Flyboy152

I was referring to this message they left on your thread at 14:11:

I have been emailing you directly via our OLQ system, hence this post will not get updated.

Bigsy_2

That was the last response it has since been followed up with:

Thank You for your email, obviously we sought clarification of our position through Trading Standards a long time ago, by breaking the seal of the laptop, you have; as previously advised activated the software licensing, you have also had access to the licence key. This situation is covered under the regulations and as such you are not able to cancel the order.

Clearly their not going to budge. Even if they can bend the law to suit them this is just horrific customer service.

Flyboy152

Bigsy wrote: »

That was the last response it has since been followed up with:

Thank You for your email, obviously we sought clarification of our position through Trading Standards a long time ago, by breaking the seal of the laptop, you have; as previously advised activated the software licensing, you have also had access to the licence key. This situation is covered under the regulations and as such you are not able to cancel the order.

Clearly their not going to budge. Even if they can bend the law to suit them this is just horrific customer service.

Have you formally cancelled the contract, in writing?

Bigsy_2

If you mean hand written by snail mail then no (should I?) I have requested twice to cancel under DSR via there support/email system.