Faulty board, then accident damage in packaging

stanthealien
stanthealien Posts: 7 Forumite
in Consumer rights
Bought a new motherboard on Ebay, it didn't work so I opened a returns case seller gave rma fast so thought good, during repackaging I was placing the cpu cover back on and the plastic slipped, bent about 6 pins on the board, which I instantly went online and mentioned on the returns case.

A few days pass and get generic messages from the company like "return recieved, item with engineers for testing"

Then today a message of "the fault on the product was due to bent pins therefore we will not refund or replace" They ignored my 2 messages before stating this happened during packing and to be fair I did expect a issue as its hard to prove but now they are refusing a refund or to return the item to me so I am £130 out of pocket, I am worried Ebay may close case in their favour as I have admitted the damage during return.

Any rights?
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Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    First Anniversary Name Dropper First Post
    You damaged it .
    Not sure how you can proof the original fault .
    Obviously RMA cannot test this original fault .
  • stanthealien
    stanthealien Posts: 7 Forumite
    The point now is though they have the board, and are refusing to return it either so I have neither the board to attempt my own fix, to go to the manufacturer or do what I want with it.
  • usefulmale
    usefulmale Posts: 2,627 Forumite
    You need to send them a pre-paid label so they can return your board.

    Why would you expect them to return it at their expense?
  • stanthealien
    stanthealien Posts: 7 Forumite
    Did I say I wanted it back for free?!
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    stanthealien wrote: »
    Did I say I wanted it back for free?!

    Your first post doesnt mention anything about 'asking to pay for them to post it back' only that they ignored your messages saying 'it happened during packaging' (which is irrelevant, it doesnt matter if you damaged it during packaging, or whilst using it as a hammer, its damaged)
  • usefulmale
    usefulmale Posts: 2,627 Forumite
    stanthealien wrote: »
    Did I say I wanted it back for free?!

    So, have you told them you will be sending a pre-paid label then?
  • stanthealien
    stanthealien Posts: 7 Forumite
    usefulmale wrote: »
    So, have you told them you will be sending a pre-paid label then?

    Notice you know you can't win the argument so you have to ask another question without knowing the whole situation, you shouldn't think of yourself as clever as you think.

    They have refused to let me have it back, not specifically for them to return the item, they claimed that since its damaged they have disposed of it.

    The flow of the conversation was after they told me its damaged so they won't replace or refund I asked what happened to the board, I could have it since I paid for it, they said it was disposed of.

    So I offer them a pre paid label for a item they have binned?! And before you mention it I never mentioned it in the original post as like below I was trying to keep a response short and simple, too simple it seems for some people
    marliepanda wrote: »
    Your first post doesnt mention anything about 'asking to pay for them to post it back' only that they ignored your messages saying 'it happened during packaging' (which is irrelevant, it doesnt matter if you damaged it during packaging, or whilst using it as a hammer, its damaged)

    Because of the communication breakdown they had with me I used the word return on here meaning "let me have it back" or it being returned to me, basically to cover any reason but in future I will bear in mind and use something like "let me have it back at all" But regardless they are refusing me access to my own property and acting like its theirs that was the original intention of their words.

    I could of also lied and said it arrived damaged but it was dead on arrival, my own fault for trying to be safe and put the cover back on as its stated on the label its there to protect the pins from damage, and a few years back sent back a faulty board to a seller who refused a refund because I didn't put the cpu cover on so it might of been damaged in transit.
  • Le_Kirk
    Le_Kirk Posts: 22,284 Forumite
    First Anniversary First Post Photogenic Name Dropper
    It strikes me that they have destroyed YOUR property without your permission. Maybe you could ask them which part of the Consumer Rights Act gives them the right to do that. We all know it was damaged and that you did it (you even told them so) but they should have offered it back to you. Maybe you can try the small claims court preceded by a Letter Before Action as a shot across their bows.
  • bris
    bris Posts: 10,548 Forumite
    First Post First Anniversary Name Dropper
    Well the way they see it you put the CPU in the wrong way. Bent the pins then tried to con them.


    Bent pins are a common mistake to make so they will see this regularly like every other motherboard seller.


    Bent the pins repackaging it is a tall story and as there is a protective cover over it so it's hard to see how it could happen.


    You can save the hassle now, it's impossible to fix and the manufacturer would see it the same way as the retailer so there is no scope to win this one.
  • stanthealien
    stanthealien Posts: 7 Forumite
    bris wrote: »
    Well the way they see it you put the CPU in the wrong way. Bent the pins then tried to con them.


    Bent pins are a common mistake to make so they will see this regularly like every other motherboard seller.


    Bent the pins repackaging it is a tall story and as there is a protective cover over it so it's hard to see how it could happen.


    You can save the hassle now, it's impossible to fix and the manufacturer would see it the same way as the retailer so there is no scope to win this one.

    The cpu only goes in one way so it can't go in the wrong way, and I have been building pcs for 18 years as well as building them and tech support for the past 3 years, in my own history only once did bent pints occur in the past and that was when a cpu wasn't aligned correctly and lifting it back up grazed the pins.

    But the general point was they have disposed of my property without giving me option to get it back, the main point was checking the legality of that.

    If someone wanted to con they would struggle to bend just 6 pins, then admit it straight away even more so when its free returns and unless someone knew what bent pins looked like they wouldn't know even I barely noticed them.

    The actual issue was when I was clipping the protective cover back on it slipped, combination of me not being the most alert at the time and trying to slide the cover.
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