nightmare!

[james C]

i brought a pc from pc world 4 years ago and got the 5 year warranty with it. The machine broke down a few years ago with a faulty hard drive. they came out and tried to fix it but had to replace it. so we lost all the data on the pc. this year the pc had a faulty mother board and usb card in the front and the parts are no longer available and looked as if the machine would be scrapped, so part of the service pc world offer is to transfer data from the hard drive to another one until the pc is returned or we get a new one. The machine was scrapped and we got vouchers to buy a new machine.

we brought a new machine and asked the tech guys as they are called to unload the data but was told he was too busy that day but to return to the store another day,

Well today we returned to the store to get our data loaded back onto our laptop, but was told that the hard drive they have backed my data up on has gone faulty and lost the lot!

What sort of duty do pc world have to keeping my data safe????

as its part of a service that ive paid for but they have bugged it up

do they have a duty under the data protection act or something

also custmer service?

 

anyone know what my rights are on this?

[gyzmo]

Having read teh title to this post, I thought you had read something by Fred2009. Anyway....

 

I don't think the DPA would cover this scenario, so that's out

Usually, repair centres have a clause stating that data may be lost as a result of repairs - as far as I am concerned that is an acceptable (if not liked) policy.

 

But your agreement states that they will back up the data? If so, then that is what they should do. However, are there any limitations to this stated in the warranty? If so, did those conditions exist at the time the data was lost?

 

Basically, if the circumstances do not match the terms stated in the warranty, then they are in breach. The question is what financial damage can be placed on it should you chose to pursue this?

 

I know nothing of computers, so hopefully someone (hopefully not you know who) will come along and post. In terms of contract though, that needs to be examined thoroughly before an answer can be given.

[james C]

pcw didnt do a repair as such as the pc was not working and had a old fault of no sound output.

I looked on the tech guys website and looked for any terms and condition for loss of data but found nothing i even phoned them to ask if there is any online terms and conditions.

 

this what the comments on the job sheet when we sent it in.

comment:

fault: unexpected fault

not powering up

14.08.07 alen:mobo faulty,and front usb/audio damaged. booked for repair,uplfting on 15.08.07 jrs889***

Data copied to tech qompaq pc and then to tech hdd.

k/b and mouse tested and working fine.

31.10.07 Debbie: chased up with pcsc, unit has been written off

 

 

this is service agreement that would be signed and i did sign for when the work was done.

 

i agree to the service term. If service is chargeable I agree to pay for the cost of the service and any parts fitted. All customers are responsible for backing up any data stored on their product. Some services may require data devices to be reformatted to factory settings, resulting in total loss of data from these devises. We will not be reponsible for any data lost.

 

how can they offer a service of data tranfer if they then say i signed this and it my fault for not backing up my data. when there hdd goes faulty on them.

misleading ?????

or as clear as mud?

[dx100uk]

not being funny here...but..

you should have been running a data back routine anyhow, this is part of owning a pc.

if you had, atleast you would of had the data up until the point of return.

regardless to what had/had not happened duing repair, esp as you had already suffered one HDD failure!

 

but ofcourse, this applies to pcworld too! they should be backing up customer data in more than one place.

 

i would have a word with the manager and point this failing out & p'haps suggest he gives you a bit of discount on an external drive!

 

you both should have taken resonable steps to back up data, so you are both equally to blame..

 

 

dx100uk

[james C]

True we should back up our data but, it is also true that the average Joe home user does Not back up there data. The advice PC world give is to back up my data on a external hard drive just in case of the PC failing. The hard drive in my PC was working fully and had NO faults and for that reason PC world was able to transfer my data to firstly their PC then to a external hard drive. What if the data i asked them to transfer was on a external hard drive and that was my back up. They still would have lost my data as it was their HARD DRIVE that failed.PC world are charging for a service called "data transfer" for people that are not computer friendly the bulk of their business is from the home user.

The point is this.

How can PC world offer a service under a warranty contact and when they bugger it up, to then say " sorry Mr X but its your fault for not backing up my data" This can't be right surly

how can PC world deny the responsibility when they had backed up my data and had it in there procession, while my PC was off their site being repaired/scrapped.

 

I thought under data protection act that there is something about third party companies working on behalf making sure that any data held is safe and not to be lost. or am i getting mixed up with something else.....

[ForestChav]

You did sign a contract saying that they were not responsible for data loss, though.

 

Can't you ask for the original HDD and get a HDD-USB adaptor (Maplin sell one for 2.5 and 3.5inch IDE and SATA drives) and transfer the data yourself?

[james C]

if you was to read the Service Agreement:

i agree to the service term. If service is chargeable I agree to pay for the cost of the service and any parts fitted. All customers are responsible for backing up any data stored on their product. Some services may require data devices to be reformatted to factory settings, resulting in total loss of data from these devises. We will not be reponsible for any data lost

 

You dont get it my pc was never reformatted the DATA WAS TRANSFERED safely to there hard drive for storage.

This was done twice by them once to their workshop pc then to a ex hard drive.

They could NOT send my pc off to be repaired with the hard drive removed, and to ask for the hard drive back after they had scrapped it is not possible. Why should have to ask for my old hard drive back when pc world had told me THEY HAD BACKED UP MY DATA ON THEIR HARD DRIVE!

[ForestChav]

if you was to read the Service Agreement:

i agree to the service term. If service is chargeable I agree to pay for the cost of the service and any parts fitted. All customers are responsible for backing up any data stored on their product. Some services may require data devices to be reformatted to factory settings, resulting in total loss of data from these devises. We will not be reponsible for any data lost

 

You dont get it my pc was never reformatted the DATA WAS TRANSFERED safely to there hard drive for storage.

This was done twice by them once to their workshop pc then to a ex hard drive.

They could NOT send my pc off to be repaired with the hard drive removed, and to ask for the hard drive back after they had scrapped it is not possible. Why should have to ask for my old hard drive back when pc world had told me THEY HAD BACKED UP MY DATA ON THEIR HARD DRIVE!

 

If I was [sic] to read the service agreement I would see:

"we will not be reponsible [sic] for any data lost".

 

Now seeing that anyone with a command of English of an eleven year old would realise that the service takes no responsibility for your data (it is your responsibility) and that they can't guarantee its safety.

 

The bit about reformatting is a separate issue, as it's in a separate sentence. Basically they're saying it might need reformatting as part of a repair, if it does all data will be lost, but we don't take responsibility for your data anyway.

 

If they thought they had a backup of your data and you paid extra for the PC World store to do this before sending it to techguys/pcsc for the warranty repair, then if that drive has failed (which let's face it, is a fact of life, they do fail) then there's not an awful lot that can be done... save getting the drive from the workshop (they do usually scrap them for data protection considerations) and recovering the data yourself. If you paid extra for them to retrieve the data then they have failed to do this, and you should be entitled to a refund for the data backup service but I suspect the backup service doesn't actually place a value on the data itself, and the warranty doesn't cover it so if they did it free as a goodwill gesture there is probably no recompense.

 

All of which sidesteps the main point, if you have sensitive data then you should back it up yourself. My home PC is backed up nightly to my server.

[Conniff]

I don't see this has anything to do with the type of data loss you are refering to as this was taken in for the purpose of data transfer to another drive.

 

 

You might like to try this James.

 

 

 

Dear Sir/Madam (or name of person);

 

Re: Loss of laptop data which you transfered.

 

I write further to my recent visit and discussion with (name of person or salesperson) on the (date)regarding the above matter.

 

On the (date) I passed into your custody a laptop (description) for the purpose of data transfer from my hardrive which you have admitted you have lost after transfer while in your possession.

 

The lost data (describe the data e.g. college work, inventry, accounts, a holiday or wedding photographs etc.) and is irreplaceable.

 

The Supply of Goods and Service Act 1982 (as amended) implies into our contract the obligation that you should have carried out this service with reasonable care and skill. I believe the loss indicates you have not done this so are in breach of contract.

 

I would therefore ask you to consider this matter and offer me compensation to cover the loss of the value of the data (plus the loss of enjoyment which could have been obtained from having a record of the above event which was chronicled. if it contained photos)

 

I believe any terms on your warranty or in your premises which attempt to limit or exclude liability could be challenged as being invalid under either the Unfair Contract Terms Act 1977 and /or the Unfair Terms in Consumer Contracts Regulations 1999.

 

I look forward to receiving your response and offer of compensation within the next 14 days

 

Yours sincerely/faithfully;

[dx100uk]

All of which sidesteps the main point, if you have sensitive data then you should back it up yourself. My home PC is backed up nightly to my server.

 

my thoughts exactly.

 

instead of getting silly with letters and threats, i would speak to the manager. you are both as equally stupid in not backing up data, if either had done this, the whole thing would not be a problem.

 

the data protection act is just that, it protects sensitive data and who has access to it and how long it is kept.

 

if someone came into me and suggested the above compromise, i would agree to give a discount, other store managers might not.

 

all i will say is go and ask

 

dx100uk

[james C]

Ok i have just come back from pc world after asking to see all the terms and conditions for and was shown this:

i agree to the service term. If service is chargeable I agree to pay for the cost of the service and any parts fitted. All customers are responsible for backing up any data stored on their product. Some services may require data devices to be reformatted to factory settings, resulting in total loss of data from these devises. We will not be reponsible for any data lost.

 

Now this aplys to all the services they offer

This what they put on their website

Automatic data backup

 

Data backup

Data transfer

For many of us, we have data and personal information on our computers that we would hate to lose and sometimes can not live without. Data transfer will allow you to keep a copy of this information in a safe place. Data recovery

Data cleanse

 

 

Overview

 

Probably the most daunting thing you’ll ever have to do with your PC is moving your files and folders to your shiny new one! At The TechGuys we know how to move your data quickly and securely. We’ll transfer your files and folders to your new PC for you in store. At the same time we can provide you with a back up of your files if required (see Data Backup for more information).

The thought of transferring all that information to your new computer can take some of the shine of that sparkling new piece of kit. After all, you want to play with your new computer – not sit copying files and re-installing software.

If this describes you then the Data Transfer service from The TechGuys is right up your street.

How does it work?

 

The TechGuys provide a full data transfer service where we’ll take care of all the boring work for you:

• We’ll move your files and settings from your old computer to your new one.
  
• We can transfer to and from any brand or model of PC, wherever purchased in the UK. Your new PC doesn’t even need to be brand new or purchased at PC World

With the word securely how can they then say the employ the terms and conditions above......

[james C]

Quote from dx100uk

you are both as equally stupid in not backing up data, if either had done this, the whole thing would not be a problem.

 

 

 

 

This is the point i asked pc world to DATA TRANSFER now that is backing up data. They done it for me and have the job sheet saying they have! Now AS you put it the stupid guy's hard drive has failed and CANNOT RECOVER THE BACK UP THAT HE HAD MADE! HOW STUPID DID YOU WANT THIS GUY TO BE.

[james C]

look at their website http://http://www.thetechguys.com/OurServices/DataServices/datatransfer.shtml

 

 

SEE the word: securely

 

Click herehttp://http://uk.ask.com/reference/dictionary/wordnetuk/155223/securely

 

number 1. looks good to me "in a secure manner: in a manner free from danger"

 

 

How can the terms then say

"We will not be reponsible for any data lost"

[Conniff]

I have to agree with James on this one. So he was stupid not to back up, maybe, but it's not compulsory to back up.

 

This is not the same as having a service or repair done where they won't be bothered to backup, just format and reinstall telling the customer 'sorry we couldn't save your data'. This was for the sole purpose of transferring the data from one drive to another, which, according to the sheet, shows they did.

 

They did not do a direct copy, but put it into a pc and then copied it over to an external hdd, have you asked if it is still in that pc?

 

Data saving and transfer is not rocket science especially if there is nothing wrong with the hdd, I have had to do this many times.

[james C]

I asked the same thing.......... is the data still on the workshop pc. The guy said they had over writen the hard drive.

At the moment they are waititng for a tech guy that knows alot about hdd or they will send it of to a company called ibass or something like that. they even offer this service on the tech guys website.

Would the letter that conniff wrote to be too strong to send straight away. Now i don't know the in's and out of the law hence the reason of being on here! lol but to me their service agreement looks poor for a service of dealing with data transfer and data back up.

[Conniff]

If they are going to attempt a data recovery (from your old drive if they still have it) then it wont be a problem.

If they are sending away their own hdd that shouldn't be a problem either if they are a specialist recovery company.

 

I think in view of the above, then I would hold fire on the letter and see how the recovery turns out. Of course the ultimate decision has to be yours.

[james C]

No not my hard drive thats long gone to the scrap. They are going to send their hard drive away. To be fair it looks like its going to take a few weeks before i know if it was possible to recover the data, but i still like to know what could be my next step if and when they say it wasnt possible.

[ForestChav]

Did you pay extra for the data transfer? I know that Coverplan/PC Performance does NOT cover data full stop, so it might be something the store offered out of goodwill.

 

If you did then as I said, the store are in breach of contract for the data transfer and you should be entitled to a refund for the monies paid for that service.

[dx100uk]

good this is what i was hoping would be done.

thats looking better.

just be a wee bit careful about what you expected to happened.

the data backup service is from old to new PC.

strickly speaking, this was not the initial case here, it turned into it later.

 

the techguys wing are separate from PC world [infact an entirely diff Co., but i didnt tell you that.} and sadly are very thin on the ground, well the ones that really do know what they are doing at this level are.

 

i would likewise agree and hold your horses, the other thing to bear in mind here is that you will obviously not be the only customer in the pickle [bet they didn't back up data regularly either.........!] so it is worth their while to do it.

 

might even be a case of they don't know how to do it till the expert returns [more like it me thinks]

 

good luck

and keep us informed.

 

 

dx100uk

[james C]

I think they are going to pay for the data to be recovered from their faulty hard drive. I did paid a 5 year warranty that had health checks and other services included data transfer as part of the services offered. There is a set price of £29.99 for data transfer now. they can offer this as a refund, or try and work out how the cost was charged in my original warranty agreement. not so easy to do that!!!! Would they only be entitled to offer just the refund and nothing else.

I'm not a greedy person and after blood!

[ForestChav]

Are you sure that the warranty from 4 years ago (ie 2003) included free backup? I'm pretty sure that was only introduced a year or so ago.

 

What does the paperwork for the extended warranty say?

[james C]

the way the guys in the shop put it, data transfer was part of health checks or something on them lines. Do you think this sort of service shouldn't have been done at all on the 5 year cover plan warranty? It was the stores idea and they offered it as i said.

I should ask my girl friend for the paper work on this as she is the account holder for the 5 year cover plan warranty, not me.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

i

[fred2009]

[insults removed]

 

firstly DATA is never covered by any guarantee's, warrenties, contracts or Sale of goods acts.

 

the service any company offer which is data transfer related is never a guaranteed service.. data is volitile.

 

they service charge is a labour charge only. if it works or fails some companies still charge the same fee.

 

some companies have a standardised call out fee whether the issue is remedied or not.

 

data transfer is a service they offer to transfer data across from one pc to another. companies cannot guarantee that the data will be transfered. with viruses and damage caused in transport from your home to the engineers premises the data may become corrupt.

 

most some companies will just class their labour as free due to the fact that nothing could be done.

 

remember data is and will never be guaranteed.

 

the data always remains the responsibility of the owner.

 

imagine this scenario

you allowed your friend to use your computer.. he enjoyed 2 hours worth of pressing the delete key on every folder he could find on your PC.

 

Yes u'd want to kill him for deleting it all but its gone, you should have backed it up if it worth killing someone over.

 

PCWorld know that data is volitile even BTbroadband do. this is why they both offer free online data backup.

 

its free, why don't you use it.

 

legally i beleive all companies have to do is refund any labour charge or partially refund if half a job done.

 

[Libellous comments removed]

how about offer valid and helpful advise.. first.. offer more advice after that.. and only then.. and i mean only then inform consumers to go the small claims route.

 

[removed] ill give you something to think about that might make you a happy bunny if you research into it.

 

EX Chief Executive john clare informed DSGI he was retiring... now he is working for less money for Dyson.

 

other Executives are now working for Sony, Speedy hire, and other businesses.

 

anyone believe the DSGI head office crew are jumping ship before the ship sinks?

[Conniff]

Ok fred. You offer a solution. All you ever do is say "not soga, not soga" that doesn't help anyone.

 

Let this be your first post fred where you actually offer some assistance and a solution.

Come on - what is your advice?

[james C]

 

PCWorld know that data is volitile even BTbroadband do. this is why they both offer free online data backup.

 

 

 

pc world backed up my data for me .......... now how would you stand if btbroadband had lost the data that you had backed up with them.???????? is it still tuff luck??????

 

how about their website saying data transfer handle securely

pc world should have backed up my data onto DVD disc's instead of their hdd. I asked why they didnt do this and was told they only use single layer dvd so would have taken about 10 disc's.