64% cut from Partial Refund while in Warranty

outtatune

I think there is a significant possibility that if the OP doesn't take what the retailer is offering they will decide that the OP broke the card themselves when they did the modification, withdraw their offer, and leave it at that.

RefluentBeans

OP - I think that there's a lot of confusion here, with contradicting information. I'll put the two scenarios that I believe are being conflated. This is going to be a long post - I'll post a tl;dr at the bottom. 

Scenario 1: Claiming Under CRA 

• Your rights: repair, replace or refund - this is the retailers choice in what they give you. You can ask for another option, but the retailer is under no obligation to provide as such. Your refund (if offered) is not based on market value, but the condition of your card. 
• My opinion: You have modified the product, but the fault is known to the community (based on reports from 2021); and appears to be firmware related (i.e. if this is the issue on the board, it is likely an inherent fault). But the retailers are not 'experts' to judge this and may ask the manufacturer to assess it to see if it is an inherent fault. This is reasonable, and not the retailer acting punitively. 
• My second opinion: If there are any signs of damage to the fans; they may well argue that this is the cause of the fan issue. 
• My third opinion: EVGA is no longer producing graphics cards - you may not be able to get a brand new card (depending on how many they have left for RMA's etc.), but the retailer could offer you an alternate card. Additionally, I don't think offering a refund based solely on the amount of time remaining of the warranty is fair - I would expect a top-of-the-line card, under normal operating conditions, to last longer. But again, this may come down to the professional opinion of the supplier.  
• Bottom line: sending back to EVGA is likely the best option to get the best outcome from the CRA; assuming the card is still in pretty good working condition. 

Scenario 2: Claiming Under EVGA warranty

• This is far more generous than the CRA - and exceeds your rights via the CRA (but does not replace them - hence why I said that the warranty time is a poor method of working out the lifetime of the product). As you have said before, sometimes you can get far more back via this warranty (you said you got 85% as an RMA). 
• EVGA states in their warranty to go back via the retailer for a refund; if that's your desired outcome. Their warranty only covers direct refunding on purchases made through them. They look like they still repair or replace through the warranty. 
• You can contact EVGA to see what their recommendation is - and even ask if the offer from the retailer is fair or not. The worst they'll say if you call them is to go back to the retailers, so nothing to lose. 
• EVGA will likely want to inspect the board first, before offering any solution through their warranty - completely fair. 

TL;DR: 
The bottom line is - I am very surprised that the retailer offered a solution without first inspecting the board, but as this is a community-known issue, I would suggest that this isn't their first time dealing with this issue. But inspecting the product is a fair request from their end. If you aren't happy with the solutions offered by them; tell them what your ideal solution would be and maybe find a compromise. Or send it to EVGA. But I think either way, it is fair for either the retailer or the manufacturer to ask to inspect the board. 

Otter23

MattMattMattUK said:

Otter23 said:

Okell said:

MattMattMattUK said:

Your major issue is going to be that you modified the card, you took it apart and added a third party cooling solution. Any modifications at that kind of scale are going to become an issue when trying to return, even more so if you then claim that there was an intrinsic fault before you took the card apart, but you did not notice until you attempted reassembly, it just sounds like you messed up. 

As others have said it is down to you to prove an inherent fault, which is going to be difficult to impossible. 

Hasn't @MattMattMattUK hit the nail on the head here?

I don't know if the retailer (and/or manufacturer) are yet aware that the OP carried out this modification (which I understand he subsequently reversed) but if they are aware of it - or if it's obvious that he had done it - aren't they going to wash their hands of this and say the OP caused the fault himself?

(I know absolutely nothing about computer tech but the diy modification seems a rather daft, or at the very best risky, thing to have done...)

Alderbank said:

Okell said:

MattMattMattUK said:

Your major issue is going to be that you modified the card, you took it apart and added a third party cooling solution. Any modifications at that kind of scale are going to become an issue when trying to return, even more so if you then claim that there was an intrinsic fault before you took the card apart, but you did not notice until you attempted reassembly, it just sounds like you messed up. 

As others have said it is down to you to prove an inherent fault, which is going to be difficult to impossible. 

I don't know if the retailer (and/or manufacturer) are yet aware that the OP carried out this modification (which I understand he subsequently reversed) but if they are aware of it - or if it's obvious that he had done it - aren't they going to wash their hands of this and say the OP caused the fault himself?

I agree it's not very clear but I gathered the retailer is now aware of it and that is the reason why they have asked to inspect the card to see whether the OP's mods were responsible for the problem.

In the first post the OP said

I have now been told because I opened my Graphics card up to repaste and use a different cooling solution for 23 months. (The manufacturer allows this) And only now noted the stock fans were faulty after reinstalling the stock fans last week, they now need "manufacturer needs to look at it and make sure your cooler didn't break it" 

To clarify, Scan were made aware of the fact I changed the cooler from the very start.

They offered the refurbished card first, which i declined as they provided no details on it, as I mentioned above. Scan don't do repairs apparently, despite them offering "system built for you".

Then when I asked for a alternative such as a fair partial refund or a exchange to another brand that would be as close to equivalent performance/value, they ignored the exchange and offered a ridiculous cut price refund. And only when I pointed out the refurbished card they offered me was listed on thier website for £800, did they suddenly see my swap of the cooler as a problem. Retaliation for simply highlighting the blatant undercut in the refund they offered. There is simply no way a gpu loses that much value while still in warranty.

I can look on numerous sites and that very same product new ranges from the cheapest cooler model of £999, to the same exact cooler as mine £1,397.

You are misunderstanding how the process of estimating value for a partial refund works, it does not mean you get the cost for buying a new one now, it means the value of the product at it's current age, second hand, and with any wear and tear or damage caused by the user, also accounting for cutting age and expected minimum life (normally counted as the warranty period). The amount it costs to buy a new one now is entirely irrelevant. On that basis their offer looks entirely reasonable. 

Otter23 said: 

I can't post a link, but a google search of "Scan evga warranty" top most link shows that EVGA allows buyers to "Change your Thermal paste or install another cooler and keep your warranty" on Scans website. And again, Scan only switched the script after I mentioned the switcheroo they were trying to pull off.

You are confusing two things, consumer rights which stem from the CRA and these are against the retailer, and a warranty, which is a contractual, often discretionary agreement with the manufacturer. Scan mention the EVGA warranty on their website but they are not responsible for, nor are they in any way bound by the warranty. You can make a claim under the CRA against Scan, they should give you a response in accordance with the CRA, which from what you have written they appear to have done. You could try and claim under the warranty with EVGA, it appears that them wanting to make sure the issue has not been caused by you damaging the card is part of them going down that route, but you appear to be blocking them making that assessment so you are blocking any progress on that route either.

You have a choice, accept the partial refund which is fair under the CRA, accept the warranty claim process and see if EVGA can resolve it, or been being stubborn and get nowhere.

MattMattMattUK said:

Otter23 said:

Okell said:

MattMattMattUK said:

Your major issue is going to be that you modified the card, you took it apart and added a third party cooling solution. Any modifications at that kind of scale are going to become an issue when trying to return, even more so if you then claim that there was an intrinsic fault before you took the card apart, but you did not notice until you attempted reassembly, it just sounds like you messed up. 

As others have said it is down to you to prove an inherent fault, which is going to be difficult to impossible. 

Hasn't @MattMattMattUK hit the nail on the head here?

I don't know if the retailer (and/or manufacturer) are yet aware that the OP carried out this modification (which I understand he subsequently reversed) but if they are aware of it - or if it's obvious that he had done it - aren't they going to wash their hands of this and say the OP caused the fault himself?

(I know absolutely nothing about computer tech but the diy modification seems a rather daft, or at the very best risky, thing to have done...)

Alderbank said:

Okell said:

MattMattMattUK said:

Your major issue is going to be that you modified the card, you took it apart and added a third party cooling solution. Any modifications at that kind of scale are going to become an issue when trying to return, even more so if you then claim that there was an intrinsic fault before you took the card apart, but you did not notice until you attempted reassembly, it just sounds like you messed up. 

As others have said it is down to you to prove an inherent fault, which is going to be difficult to impossible. 

I don't know if the retailer (and/or manufacturer) are yet aware that the OP carried out this modification (which I understand he subsequently reversed) but if they are aware of it - or if it's obvious that he had done it - aren't they going to wash their hands of this and say the OP caused the fault himself?

I agree it's not very clear but I gathered the retailer is now aware of it and that is the reason why they have asked to inspect the card to see whether the OP's mods were responsible for the problem.

In the first post the OP said

I have now been told because I opened my Graphics card up to repaste and use a different cooling solution for 23 months. (The manufacturer allows this) And only now noted the stock fans were faulty after reinstalling the stock fans last week, they now need "manufacturer needs to look at it and make sure your cooler didn't break it" 

To clarify, Scan were made aware of the fact I changed the cooler from the very start.

They offered the refurbished card first, which i declined as they provided no details on it, as I mentioned above. Scan don't do repairs apparently, despite them offering "system built for you".

Then when I asked for a alternative such as a fair partial refund or a exchange to another brand that would be as close to equivalent performance/value, they ignored the exchange and offered a ridiculous cut price refund. And only when I pointed out the refurbished card they offered me was listed on thier website for £800, did they suddenly see my swap of the cooler as a problem. Retaliation for simply highlighting the blatant undercut in the refund they offered. There is simply no way a gpu loses that much value while still in warranty.

I can look on numerous sites and that very same product new ranges from the cheapest cooler model of £999, to the same exact cooler as mine £1,397.

You are misunderstanding how the process of estimating value for a partial refund works, it does not mean you get the cost for buying a new one now, it means the value of the product at it's current age, second hand, and with any wear and tear or damage caused by the user, also accounting for cutting age and expected minimum life (normally counted as the warranty period). The amount it costs to buy a new one now is entirely irrelevant. On that basis their offer looks entirely reasonable. 

Otter23 said: 

I can't post a link, but a google search of "Scan evga warranty" top most link shows that EVGA allows buyers to "Change your Thermal paste or install another cooler and keep your warranty" on Scans website. And again, Scan only switched the script after I mentioned the switcheroo they were trying to pull off.

You are confusing two things, consumer rights which stem from the CRA and these are against the retailer, and a warranty, which is a contractual, often discretionary agreement with the manufacturer. Scan mention the EVGA warranty on their website but they are not responsible for, nor are they in any way bound by the warranty. You can make a claim under the CRA against Scan, they should give you a response in accordance with the CRA, which from what you have written they appear to have done. You could try and claim under the warranty with EVGA, it appears that them wanting to make sure the issue has not been caused by you damaging the card is part of them going down that route, but you appear to be blocking them making that assessment so you are blocking any progress on that route either.

You have a choice, accept the partial refund which is fair under the CRA, accept the warranty claim process and see if EVGA can resolve it, or been being stubborn and get nowhere.

That's clearly taking what i said out of context, I never said I wanted the refund to equate to a new  card today price, because I'm fully aware of real market value of a 3080ti compared to a modern model today. My point was the refund offered, doesn't even get me a second hand 3 year 3080ti from a mining farm. So please explain how Scan can say "we looked at the market and all the 3080tis are either used £650+ with no warranty and older than your product, or they are over £1000 to replace with a unboxed one. so here's £509" Now I've already stated that they offered the refurb first which is 800 on the Scan store, which shows they value the card as more than £509. They should not be profiteering on my card in this manner.

"You can make a claim under the CRA against Scan, they should give you a response in accordance with the CRA"

They didn't they went straight to "here's our card, but we don't know the condition or history" with no attempt to offer a repair themselves or a replacement of a equivalent product. As I said before, it's a nice money maker to low ball offer a refund and then take a users product, get it repaired themselves, and then resell for a vastly marked up price.

Can you clarify what part in the CRA does it state a parital refund can be so low it would be deemed almost criminal? Because seems like the CRA would leave a giant void for retailers to offer 1% refunds if they can just say "We don't do repairs, and we don't have any replacements, here's £12 on your £1200 purchase :^)"

Evga have also stated I would be entitled to a repair or replacement from Scan. Even the Manufacturer is saying to get Scan to resolve the issue first. And EVGA are also aware in writing I opened the card up, no issue at all.

Otter23

outtatune said:

I think there is a significant possibility that if the OP doesn't take what the retailer is offering they will decide that the OP broke the card themselves when they did the modification, withdraw their offer, and leave it at that.

They withdrew the partial refund after I highlighted they were selling a refurbished 3080ti for £800. And they can fully decide that, but I don't know of any testing equipment that can tell us exactly when the Fan Module broke. And from I've read, it can be firmware/BIOS related, or even a fault in the PCB layers, something I would have no way of getting to without breaking the circuitry in half.

Otter23

RefluentBeans said:

OP - I think that there's a lot of confusion here, with contradicting information. I'll put the two scenarios that I believe are being conflated. This is going to be a long post - I'll post a tl;dr at the bottom. 

Scenario 1: Claiming Under CRA 

• Your rights: repair, replace or refund - this is the retailers choice in what they give you. You can ask for another option, but the retailer is under no obligation to provide as such. Your refund (if offered) is not based on market value, but the condition of your card. 
• My opinion: You have modified the product, but the fault is known to the community (based on reports from 2021); and appears to be firmware related (i.e. if this is the issue on the board, it is likely an inherent fault). But the retailers are not 'experts' to judge this and may ask the manufacturer to assess it to see if it is an inherent fault. This is reasonable, and not the retailer acting punitively. 
• My second opinion: If there are any signs of damage to the fans; they may well argue that this is the cause of the fan issue. 
• My third opinion: EVGA is no longer producing graphics cards - you may not be able to get a brand new card (depending on how many they have left for RMA's etc.), but the retailer could offer you an alternate card. Additionally, I don't think offering a refund based solely on the amount of time remaining of the warranty is fair - I would expect a top-of-the-line card, under normal operating conditions, to last longer. But again, this may come down to the professional opinion of the supplier.  
• Bottom line: sending back to EVGA is likely the best option to get the best outcome from the CRA; assuming the card is still in pretty good working condition. 

Scenario 2: Claiming Under EVGA warranty

• This is far more generous than the CRA - and exceeds your rights via the CRA (but does not replace them - hence why I said that the warranty time is a poor method of working out the lifetime of the product). As you have said before, sometimes you can get far more back via this warranty (you said you got 85% as an RMA). 
• EVGA states in their warranty to go back via the retailer for a refund; if that's your desired outcome. Their warranty only covers direct refunding on purchases made through them. They look like they still repair or replace through the warranty. 
• You can contact EVGA to see what their recommendation is - and even ask if the offer from the retailer is fair or not. The worst they'll say if you call them is to go back to the retailers, so nothing to lose. 
• EVGA will likely want to inspect the board first, before offering any solution through their warranty - completely fair. 

TL;DR: 
The bottom line is - I am very surprised that the retailer offered a solution without first inspecting the board, but as this is a community-known issue, I would suggest that this isn't their first time dealing with this issue. But inspecting the product is a fair request from their end. If you aren't happy with the solutions offered by them; tell them what your ideal solution would be and maybe find a compromise. Or send it to EVGA. But I think either way, it is fair for either the retailer or the manufacturer to ask to inspect the board. 

Appreciate the clear explanation of both sides of my options.

Currently, I have sent a email in with the facts of the matter. Outlined what I expect to be fair and reasonable, asked if they would consider mediation and a few other issues I have had with different reps telling me one thing to the other.

So I guess it's up to them to respond in the timeframe, and then yeah, I will go through EVGA if need be. Next time I'll buy on credit card or Amazon. Never had such a farce with a RMA in all my years.

RefluentBeans

Otter23 said:

RefluentBeans said:

OP - I think that there's a lot of confusion here, with contradicting information. I'll put the two scenarios that I believe are being conflated. This is going to be a long post - I'll post a tl;dr at the bottom. 

Scenario 1: Claiming Under CRA 

• Your rights: repair, replace or refund - this is the retailers choice in what they give you. You can ask for another option, but the retailer is under no obligation to provide as such. Your refund (if offered) is not based on market value, but the condition of your card. 
• My opinion: You have modified the product, but the fault is known to the community (based on reports from 2021); and appears to be firmware related (i.e. if this is the issue on the board, it is likely an inherent fault). But the retailers are not 'experts' to judge this and may ask the manufacturer to assess it to see if it is an inherent fault. This is reasonable, and not the retailer acting punitively. 
• My second opinion: If there are any signs of damage to the fans; they may well argue that this is the cause of the fan issue. 
• My third opinion: EVGA is no longer producing graphics cards - you may not be able to get a brand new card (depending on how many they have left for RMA's etc.), but the retailer could offer you an alternate card. Additionally, I don't think offering a refund based solely on the amount of time remaining of the warranty is fair - I would expect a top-of-the-line card, under normal operating conditions, to last longer. But again, this may come down to the professional opinion of the supplier.  
• Bottom line: sending back to EVGA is likely the best option to get the best outcome from the CRA; assuming the card is still in pretty good working condition. 

Scenario 2: Claiming Under EVGA warranty

• This is far more generous than the CRA - and exceeds your rights via the CRA (but does not replace them - hence why I said that the warranty time is a poor method of working out the lifetime of the product). As you have said before, sometimes you can get far more back via this warranty (you said you got 85% as an RMA). 
• EVGA states in their warranty to go back via the retailer for a refund; if that's your desired outcome. Their warranty only covers direct refunding on purchases made through them. They look like they still repair or replace through the warranty. 
• You can contact EVGA to see what their recommendation is - and even ask if the offer from the retailer is fair or not. The worst they'll say if you call them is to go back to the retailers, so nothing to lose. 
• EVGA will likely want to inspect the board first, before offering any solution through their warranty - completely fair. 

TL;DR: 
The bottom line is - I am very surprised that the retailer offered a solution without first inspecting the board, but as this is a community-known issue, I would suggest that this isn't their first time dealing with this issue. But inspecting the product is a fair request from their end. If you aren't happy with the solutions offered by them; tell them what your ideal solution would be and maybe find a compromise. Or send it to EVGA. But I think either way, it is fair for either the retailer or the manufacturer to ask to inspect the board. 

Appreciate the clear explanation of both sides of my options.

Currently, I have sent a email in with the facts of the matter. Outlined what I expect to be fair and reasonable, asked if they would consider mediation and a few other issues I have had with different reps telling me one thing to the other.

So I guess it's up to them to respond in the timeframe, and then yeah, I will go through EVGA if need be. Next time I'll buy on credit card or Amazon. Never had such a farce with a RMA in all my years.

Yeah I think that’s your best action. If you be clear with what you want then it’s down to them to meet it. I do think that them saying the card is basically useless after warranty is a bit unfair. Just be clear with what your usage was (if you were mining for 24hr a day for 12 months that’s  clearly different from predominantly office based tasks with a couple of hours spent gaming a day). I suspect that the price is negotiable, but I would be prepared to send the board off for assessment by them still. From working customer service before (not PC components), it was extremely rare for an offer to be made without physically inspecting the product. 

tightauldgit

Otter23 said:

That's clearly taking what i said out of context, I never said I wanted the refund to equate to a new  card today price, because I'm fully aware of real market value of a 3080ti compared to a modern model today. My point was the refund offered, doesn't even get me a second hand 3 year 3080ti from a mining farm. So please explain how Scan can say "we looked at the market and all the 3080tis are either used £650+ with no warranty and older than your product, or they are over £1000 to replace with a unboxed one. so here's £509" Now I've already stated that they offered the refurb first which is 800 on the Scan store, which shows they value the card as more than £509. They should not be profiteering on my card in this manner.

"You can make a claim under the CRA against Scan, they should give you a response in accordance with the CRA"

They didn't they went straight to "here's our card, but we don't know the condition or history" with no attempt to offer a repair themselves or a replacement of a equivalent product. As I said before, it's a nice money maker to low ball offer a refund and then take a users product, get it repaired themselves, and then resell for a vastly marked up price.

Can you clarify what part in the CRA does it state a parital refund can be so low it would be deemed almost criminal? Because seems like the CRA would leave a giant void for retailers to offer 1% refunds if they can just say "We don't do repairs, and we don't have any replacements, here's £12 on your £1200 purchase :^)"

Evga have also stated I would be entitled to a repair or replacement from Scan. Even the Manufacturer is saying to get Scan to resolve the issue first. And EVGA are also aware in writing I opened the card up, no issue at all.

I think you are still getting tied up with the 'market value' of your card. The CRA doesn't specify exactly how a partial refund should be calculated but it's supposed to be a reduction for usage. Typically that means you estimate the life of the item, measure your usage and take the ratio then apply it to what you paid. So if you bought a TV and it the typical life is 5 years and you have had it for 2 years then you would expect a 60% refund since you've already have 40% of its life. Whether your TV is worth more or less second hand is neither here nor there in that calculation.

In your case the question seems to be what is a reasonable expectation of life on a graphics card. I appreciate that cards can potentially last for many years but it's also not unusual for a life of 3 years to be applied to tech things so it could potentially go either way. 

bris

You modded the card with aftermarket coolers, I'm surprised they are even offering a partial refund.

Normally changing the spec of a product voids warranties and that goes all the way down the chain. 

MattMattMattUK

Otter23 said:

MattMattMattUK said:

Otter23 said:

Okell said:

MattMattMattUK said:

Your major issue is going to be that you modified the card, you took it apart and added a third party cooling solution. Any modifications at that kind of scale are going to become an issue when trying to return, even more so if you then claim that there was an intrinsic fault before you took the card apart, but you did not notice until you attempted reassembly, it just sounds like you messed up. 

As others have said it is down to you to prove an inherent fault, which is going to be difficult to impossible. 

Hasn't @MattMattMattUK hit the nail on the head here?

I don't know if the retailer (and/or manufacturer) are yet aware that the OP carried out this modification (which I understand he subsequently reversed) but if they are aware of it - or if it's obvious that he had done it - aren't they going to wash their hands of this and say the OP caused the fault himself?

(I know absolutely nothing about computer tech but the diy modification seems a rather daft, or at the very best risky, thing to have done...)

Alderbank said:

Okell said:

MattMattMattUK said:

Your major issue is going to be that you modified the card, you took it apart and added a third party cooling solution. Any modifications at that kind of scale are going to become an issue when trying to return, even more so if you then claim that there was an intrinsic fault before you took the card apart, but you did not notice until you attempted reassembly, it just sounds like you messed up. 

As others have said it is down to you to prove an inherent fault, which is going to be difficult to impossible. 

I don't know if the retailer (and/or manufacturer) are yet aware that the OP carried out this modification (which I understand he subsequently reversed) but if they are aware of it - or if it's obvious that he had done it - aren't they going to wash their hands of this and say the OP caused the fault himself?

I agree it's not very clear but I gathered the retailer is now aware of it and that is the reason why they have asked to inspect the card to see whether the OP's mods were responsible for the problem.

In the first post the OP said

I have now been told because I opened my Graphics card up to repaste and use a different cooling solution for 23 months. (The manufacturer allows this) And only now noted the stock fans were faulty after reinstalling the stock fans last week, they now need "manufacturer needs to look at it and make sure your cooler didn't break it" 

To clarify, Scan were made aware of the fact I changed the cooler from the very start.

They offered the refurbished card first, which i declined as they provided no details on it, as I mentioned above. Scan don't do repairs apparently, despite them offering "system built for you".

Then when I asked for a alternative such as a fair partial refund or a exchange to another brand that would be as close to equivalent performance/value, they ignored the exchange and offered a ridiculous cut price refund. And only when I pointed out the refurbished card they offered me was listed on thier website for £800, did they suddenly see my swap of the cooler as a problem. Retaliation for simply highlighting the blatant undercut in the refund they offered. There is simply no way a gpu loses that much value while still in warranty.

I can look on numerous sites and that very same product new ranges from the cheapest cooler model of £999, to the same exact cooler as mine £1,397.

You are misunderstanding how the process of estimating value for a partial refund works, it does not mean you get the cost for buying a new one now, it means the value of the product at it's current age, second hand, and with any wear and tear or damage caused by the user, also accounting for cutting age and expected minimum life (normally counted as the warranty period). The amount it costs to buy a new one now is entirely irrelevant. On that basis their offer looks entirely reasonable. 

Otter23 said: 

I can't post a link, but a google search of "Scan evga warranty" top most link shows that EVGA allows buyers to "Change your Thermal paste or install another cooler and keep your warranty" on Scans website. And again, Scan only switched the script after I mentioned the switcheroo they were trying to pull off.

You are confusing two things, consumer rights which stem from the CRA and these are against the retailer, and a warranty, which is a contractual, often discretionary agreement with the manufacturer. Scan mention the EVGA warranty on their website but they are not responsible for, nor are they in any way bound by the warranty. You can make a claim under the CRA against Scan, they should give you a response in accordance with the CRA, which from what you have written they appear to have done. You could try and claim under the warranty with EVGA, it appears that them wanting to make sure the issue has not been caused by you damaging the card is part of them going down that route, but you appear to be blocking them making that assessment so you are blocking any progress on that route either.

You have a choice, accept the partial refund which is fair under the CRA, accept the warranty claim process and see if EVGA can resolve it, or been being stubborn and get nowhere.

That's clearly taking what i said out of context, I never said I wanted the refund to equate to a new  card today price, because I'm fully aware of real market value of a 3080ti compared to a modern model today. My point was the refund offered, doesn't even get me a second hand 3 year 3080ti from a mining farm. So please explain how Scan can say "we looked at the market and all the 3080tis are either used £650+ with no warranty and older than your product, or they are over £1000 to replace with a unboxed one. so here's £509" Now I've already stated that they offered the refurb first which is 800 on the Scan store, which shows they value the card as more than £509. They should not be profiteering on my card in this manner.

They do not have to base the refund on "market value", that is an irrelevance, they are allowed to depreciate for usage, time owned, damage etc. Often they will take warranty as expected minimum life and pro-rata the depreciation over that period, but it does depend on the product. 

Otter23 said:

"You can make a claim under the CRA against Scan, they should give you a response in accordance with the CRA"

They didn't they went straight to "here's our card, but we don't know the condition or history" with no attempt to offer a repair themselves or a replacement of a equivalent product. As I said before, it's a nice money maker to low ball offer a refund and then take a users product, get it repaired themselves, and then resell for a vastly marked up price.

Can you clarify what part in the CRA does it state a parital refund can be so low it would be deemed almost criminal? Because seems like the CRA would leave a giant void for retailers to offer 1% refunds if they can just say "We don't do repairs, and we don't have any replacements, here's £12 on your £1200 purchase :^)"

They were offering you a price based on the common interpretation of the CRA, straight line depreciation, not market value, or residual value. It is not "criminal" just because you do not understand it. 

Otter23 said:

Evga have also stated I would be entitled to a repair or replacement from Scan. Even the Manufacturer is saying to get Scan to resolve the issue first. And EVGA are also aware in writing I opened the card up, no issue at all.

They can state that you are entitled to a visit from the king, but that does not mean that you are. The retailer, under the CRA, is entitled to replace, repair or refund at their discretion. When offering a refund they are allowed to reduce their refund for usage, based on a reasonable method, which includes straight line depreciation. 

EVGA can say that they are fine with you opening up the card, but that does not mean that they can force Scan to be fine with that, the opening it up applies to the EVGA warranty, not Scan under the CRA. 

Okell

@Otter23 -  this bris said:

You modded the card with aftermarket coolers, I'm surprised they are even offering a partial refund...

and this

MattMattMattUK said:

... EVGA can say that they are fine with you opening up the card, but that does not mean that they can force Scan to be fine with that, the opening it up applies to the EVGA warranty, not Scan under the CRA. 

Because you've modified the card I honestly don't think you have much hope of a remedy against Scan under the Consumer Rights Act.

But if you are saying that EVGA have made it clear that you modifying the card doesn't invalidate their warranty, then your only real option is to make a claim against that warranty.  (Although like @bris I find it surprising that modifying the product would not invalidate the warranty from the outset...)

It's not clear to me if you have already contacted EVGA about this, and whether they have told you that it is Scan's responsibility to deal with your claim against the EVGA warranty.

If that is the case, have you made it 100% clear to Scan that they are simply processing a claim against EVGA's warranty and that you aren't making a CRA claim against Scan?