Scan.co.uk trying it on with me.

Flyboy152

Bigsy wrote: »

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.

Although legally e-mails are acceptable, you need to return the item to them, with a letter explaining why you have returned the item. Return it by using the level of security as they had and make sure it is signed for. Send a copy of the letter by separate cover as well. If they continue to refuse to refund you, requested a section seventy-five refund from your credit card compnay. If this fails, it will have to be the small claims court.

Bigsy_2

Well for the benifit of anyone in a similar position, at least consumer direct agree with me, I'll post their take on it below (note, I am waiting on scans reply to this at present, before carrying out their advice)

Dear Mr X,

Thank you for your enquiry to Consumer Direct. Your reference number for this case is XXXXXXX and should be quoted in all further correspondence regarding this case.

The key legal points in response to your enquiry are as follows:

With reference to your enquiry, the relevant regulations that apply are the Consumer Protection (Distance Selling) Regulations 2000. These regulations provide cancellation rights where goods are ordered over the internet, telephone or by mail order. These rights provide a cancellation period of 7 working days from the day after the goods are delivered or the paperwork for the service has been received. You need to make your intention to cancel known within this time period.

When cancelling under these regulations, the refund must be processed within 30 days. This refund should include the cost of the item and the original postage. The cost of return postage will depend upon the terms and conditions.

Although software is an exemption once the seal has been broken, this would relate to items such as compact discs where there is potential for you to copy the software. An item would not become exempt just because there is pre loaded software.

Under such circumstances, it would usually be wise to write a recorded letter to the trader. You should make time of essence for the refund to arrive within the 30 day period. You will ask the seller to inform you of the correct returns process. You Make sure that you keep a copy of all correspondence for your records. You will find a template at the following link:

https://consumer-tools.direct.gov.uk/consumer-advice/template_letters/dsr_letter/

In addition, because you purchased the item on your credit card, you may also be able to argue under section 75 of the Consumer Credit Act 1974. This legislation will make your credit card company jointly and severally liable for any breach of contract. For this reason, you may wish to inform the credit card company of this problem in case you need to recover costs from them at any stage. You will find a template letter for this at:

https://www.consumerdirect.gov.uk/after_you_buy/making-complaint/template-letters/consumer_credit/

Please note: We here at Consumer Direct will always endeavour to give our best legal and practical advice, but in the end it is only the courts that can decide what your rights are and if the company/trader won’t give you what you feel you are entitled to, the only way to enforce your rights would be through the courts (although this is rarely necessary).

If you do not receive a satisfactory response and you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.

Alan Dix

Consumer Direct

Flyboy152

You need to include a copy of his letter with any correspondence you have with the seller.

asbokid

visidigi wrote: »

maybe try one of the care forums? I know http://forums.hexus.net have one which deals with Scan Customer Issues...

Why in God's name would an aggrieved consumer want to post to a "care forum" which exhibits such blatant bias towards the retailer?

Just look at the opening salvo to the Hexus web forum..

"SCAN is arguably the UK's most customer focussed retailer of PC technology SCAN.care@HEXUS is the place -- SCAN proves its conviction in the SCAN 3XS mindset > Specification - Service - Satisfaction"

It's mind-numbing guff like that which draws people to the MoneySavingExpert forums.

whitegoods_engineer

I am for the original poster but just a query, the OP states he hasn't switched it on. How can he tell the tilt angle is unacceptable if, as he claims, he hasn't switched the thing on?

fozmcfc

whitegoods_engineer wrote: »

I am for the original poster but just a query, the OP states he hasn't switched it on. How can he tell the tilt angle is unacceptable if, as he claims, he hasn't switched the thing on?

TBH, the OP, was silly to order online anyway as they have specfic requirements, that could only be known by handling the product.

So what happens if they get what they want, order a different one from wherever and then find the same and do it again and again and again.

The only way the OP could guarantee the tilt would be sufficient would be to shop offline.

They should shop around offline, find a model suitable enough, then see if they can get it cheaper online.

visidigi

asbokid wrote: »

Why in God's name would an aggrieved consumer want to post to a "care forum" which exhibits such blatant bias towards the retailer?

Just look at the opening salvo to the Hexus web forum..

"SCAN is arguably the UK's most customer focussed retailer of PC technology SCAN.care@HEXUS is the place -- SCAN proves its conviction in the SCAN 3XS mindset > Specification - Service - Satisfaction"

It's mind-numbing guff like that which draws people to the MoneySavingExpert forums.

Its biased as its there for the retailer to interact with the consumer in a public manner - I beleive they even pay to have the service on there - if you looked into it you would find that area of those forums is actually RUN by Scan staff - hence an easier method of contacting them.

Its easier to put in writing and chase a response than it is to simply submit a one way ticket.

The op got a response on that forum, and quickly too.

Thats why in gods name btw.

CoolHotCold

Question is, Scan have sought advice with Trading Standards who have said pre-loaded software is excluded from the DSR, whereas Consumer Direct have said pre-loaded software is included in protection from the DSR.


If Scan and the OP won't budge then the only method forward is to raise a court case. But if the OP looses then it sets a dangerous precedent to other retailers who currently allow PC's to be returned under the DSR.

asbokid

visidigi wrote: »

Its biased as its there for the retailer to interact with the consumer in a public manner - I beleive they even pay to have the service on there - if you looked into it you would find that area of those forums is actually RUN by Scan staff - hence an easier method of contacting them.

Nice try visidigi, but just not true.

SCAN runs the Hexus forum to control the discussion.

Being in control allows SCAN to disseminate false information and to delete uncomfortable truths.

The op got a response on that forum, and quickly too.

Nope. The OP posted two earlier queries to the Hexus forum, but these were deleted unanswered and without explanation.

Because of the censorship in practice, posting complaints to the Hexus forum is a waste of time.

The "agent administrator" of the Hexus forum is an obvious shill for the companies that pay him to operate the forum. Just look at his mindless back-slapping of SCAN.

SCAN was a wretched company to deal with 15 years ago. No sign of improvement there then.

Lavendyr

Hi OP,

So my understanding is that Scan have said that they can't take it back under DSR because by opening the laptop lid you have accepted the software bundled into the laptop. This is presumably because the laptop is pre-installed with an OEM version of Windows.

I wonder if they are therefore bound by Microsoft that if the seal on the laptop is broken, Microsoft deem that license to have been accepted and therefore if returned, Scan will have to pay out for a new OEM to be installed and sealed onto the laptop.

So effectively there are two separate issues; the software and the hardware. The hardware *should* be returnable under DSR, whereas the software may not be (because the seal has been broken) but it's not possible to assess the hardware without breaking the seal on the OEM software.

In other words, because the hardware is inextricably linked with the software, Scan are refusing both.

This is a problem with the way in which such laptops (not just Scan but all such laptops) are sold, because you cannot assess the hardware without unsealing the software effectively! So not sure there is an easy answer to this as they have ultimately forced you to accept the software in the course of evaluating the hardware.

At the very least they should agree give you back a refund over the hardware, less the cost to them to install another Windows OEM on the system, in my view, as this would address your refusal of the hardware under DSR. IMHO they should also offer you the refund on the software as a goodwill gesture, and then reassess the way in which they sell laptops so that opening the laptop lid doesn't invalidate the software return option (perhaps by including the product key in a separate, sealed package rather than sealing the laptop itself).

Hope that you get a resolution to this.