Advice badly needed

LeighC1979

Hi there,

I am in need of advice and I wondered if somebody could help. I recently bought a PC over the Internet from a business with their own website, FB page and Twitter account. Anyway, the PC arrived in perfect condition, but wouldn't boot from start-up. I kept getting a windows error message, so emailed the seller and told him of my problem. After much faffing with safe mode, I did get it to work once, but then it defaulted again. The seller asked me to return it which I did via UPS and at the cost of £31. I then subsequently received an email of the PC which had sustained damage to the base of the unit. The seller told me that it could not have happened in transit because there was no damage to the box. The suggestion was that I had dropped it, which certainly wasn't the case. I was offended by the inference given that if I had dropped it I would have owned up and paid for it to be repaired. I am not a dishonest person. Now I haven't heard anything since emailing on Monday and am £531 out of pocket and with no PC. I am kicking myself for not taking pictures of it being put into the box but as I am of a trusting nature and presumed everything would be okay. I didn't pay via Paypal or credit card, but by bank transfer. I just wondered if there was any advice anybody could give me about my rights. Thanks for taking the time to read.

DoaM

As you paid via bank transfer, unless the seller changes their position then your only recourse is via the courts (MCOL).

Fosterdog

If it was fine leaving you but damaged on arrival to them you need to claim off the insurance cover with the courier, have you seen photos of the damage?

LeighC1979

Yes was absolutely fine leaving me. I've had pictures of the damage too.

LeighC1979

But seller convinced it didn't happen in transit to him. The whole thing is stressing me out.

SouthUKMan

If you are within 30 days of the purchase date.... you are fully protected by the Consumer Rights Act. You have a right under law to reject a faulty item within 30 days of purchase and to receive a full refund. Many small retailers will try and fob you off though - but do not let them. For your own protection write a letter ASAP to the company stating that you are "formally rejecting the computer as it is faulty and as per my rights under the Consumer Rights Act I am seeking a full refund of the cost of the computer and all associated postage costs (to include the cost of returning the computer)." Keep a copy of the letter and send it signed for delivery to the retailer.

Although the company might still claim that you caused the fault, by formally rejecting the computer you are putting yourself in a much stronger legal position should the dispute escalate. For example, if the case goes to the small claims court and the judge decides that you did not cause the damage - by having sent the letter rejecting the computer, then the judge will have no option other than to side with you and order a full refund.

LeighC1979

Thank you so much for the advice and for every one who posted. The seller maintaining not his fault, but has agreed to repair and send. Can't ask fairer than that. Learned my lesson to take pictures of everything! Thank you once again,

LadyDee

LeighC1979 wrote: »

Thank you so much for the advice and for every one who posted. The seller maintaining not his fault, but has agreed to repair and send. Can't ask fairer than that. Learned my lesson to take pictures of everything! Thank you once again,

And do not make payments to retailers by bank transfer in future - credit card/debit card only!