returning a laptop - distance selling regulations (DSR) help please!

Nessun_Dorma

ams2015 wrote: »

I haven't spoken to ebuyer ... I am not really sure what to tell them... I bought a laptop from you, touchpad and few other things are pretty rubbish since the moment I opened the laptop, the touchpad actually seems faulty and I want to return the laptop but I cannot double-check it because I logged myself out and can't log in....

I may be somewhat cynical here but I doubt that they would be very helpful

It doesn't matter, you will need to talk to them eventually. You never know, they might have said, "oh, we are terribly sorry about that, the touch pad should work normally and the speakers are the best in the business. Return it and we will refund you."

Nessun_Dorma

ams2015 wrote: »

yes, I do realise that however I was going to check the touchpad , confirm that it is faulty ( I am pretty sure it is but still to want to check it) and send something along these lines (found it on the 'Which' website) to ebuyer:

Dear
B]Reference: contract number[/B
On B]date[/B I B]bought/placed an order for[/B a B]item[/B, received it on B]date[/B. I have discovered that the B]item[/B has the following problem: B]add details[/B.
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.
As you are in breach of contract I am rejecting the B]item[/B and request that you refund the sum paid to you of B]price[/B.
I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.
If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.
Yours faithfully,
[Your name here]

Sounds perfect to me. Although the last sentence sounds a bit confrontational for the first letter, perhaps save it for the second attempt.

ams2015

another twist to the story... I tried to log in in every possible way in the past two days to check that touchpad once again but it just wouldn't work so I reset the laptop using Advanced Startup Options Menu which basically resets the laptop to its initial configuration ...and I am not sure if I should just send it back like this under CCR (since the laptop is set back to the original configuartion, i.e. no user accounts, no settings (literally no settings, it starts Windows from scratch)) or under The Sale of Goods Act ...

foxtrotoscar_2

You need to stop faffing and get on and organise a return with the seller. The longer you leave getting it returned the more difficult the seller will be.

wealdroam

ams2015 wrote: »

...and I am not sure if I should just send it back like this under CCR (since the laptop is set back to the original configuartion, i.e. no user accounts, no settings (literally no settings, it starts Windows from scratch)) or under The Sale of Goods Act ...

Post #13 should help you decide that.

Clive_Branch

Hi- heres my issue with Ebuyer
Bought two laptops from Ebuyer in June for my twin boys.
One developed a fault and Ebuyer sent Yodel to collect it
What they got was a box with a chopping board inside it.
Yodel driver didnt give a receipt as he said hed run out
Both Ebuyer and Yodel are not interested.
Now ive lost a laptop!
Should I involve the Police as its sounds like the courier driver helped himself to it?
Regards Clive Branch

naedanger

Clive_Branch wrote: »

Hi- heres my issue with Ebuyer
Bought two laptops from Ebuyer in June for my twin boys.
One developed a fault and Ebuyer sent Yodel to collect it
What they got was a box with a chopping board inside it.
Yodel driver didnt give a receipt as he said hed run out
Both Ebuyer and Yodel are not interested.
Now ive lost a laptop!
Should I involve the Police as its sounds like the courier driver helped himself to it?
Regards Clive Branch

Yes, I think you should tell the police since it appears the laptop has been substituted with a chopping board, which could not realistically be an accident. (But I suggest you do not accuse the driver of being the culprit unless you have more evidence - it seems to me the theft could well have happened somewhere else in the delivery chain.) However I doubt the police will be that interested, though you should try and insist on getting a crime reference number.

Unfortunately you should not have handed the item over without a receipt and unfortunately I suspect you will find it difficult to get compensation.

Have Yodel spoken to the driver? He may confirm he collected the item if he was being honest when he said he had run out of receipts. (I would not necessarily suspect him of being involved unless he denied my version of events.)

Nessun_Dorma

The trouble is going to be proof that the courier swapped it and not the sender.