Micro Direct - unfit for purpose.

[NinjaAndy]

Hey everyone,

 

I bought a new motherboard from Micro direct this weekend. I got home to find on inspection that there was a bent CPU pin within the tray. This fault is unfortunatly often caused by inexperienced users fitting CPUs in the incorrect way. Im an experienced computer technican, and run a computer related business, so thankfully know what im doing!

 

I returned the motherboard, expecting them to simply replace it, but they told me the fault was such that they could not replace it, as it could easily have been my fault that it was bent! I told them this wasnt acceptable, and that the item was damaged at purchase. They then referred me to the manufacturer. I informed them that it was their duty to repalce the item, and they disagreed. At this point i left, and spoke to trading standards.

 

Below is my drafted letter, id appreciate any comments/suggestions on how to proceed.

 

Thanks,

 

Andy.

 

 

The Managing Director

xxxx

xxxx

xxxx

 

Mr A Cocking

xxxx

xxxx

xxxx

 

0845 052 1066

 

5th February 2007

 

Dear Sir/Madam,

Sale of Goods Act 1979 (as amended)

On Saturday 3rd February, I bought a Gigabyte GA-8I965P-DS4 motherboard from you for £104.93 which is faulty. One of the pins within the CPU tray is bent. This fault was picked up before installation of a CPU.

For your information, the Micro Direct reference number is: SRIA00982A

I complained about this to your Weybrook road shop within 48 hours of purchase, as is stated in your terms and conditions. I was told that there is no possibility of any damage being caused at anytime, except by myself. I was referred back to the manufacturer to obtain a quote for repair. This is not acceptable.

I wish to reject the goods and claim a replacement/refund.

Please respond to my complaint within 7 days.

 

Yours faithfully,

 

A. Cocking

[rosiecotton]

For information, if a fault is reported during the first six months after purchase, the burden of proof is on the trader. This means that it's ultimately down to the company to prove the goods are not faulty and not down to the consumer to prove a fault. Effectively a judge will assume the goods are faulty unless the trader can prove evidence to the contrary.

 

See what response you get to the letter and let us know.

[NinjaAndy]

Will do - thanks for the swift responce.

[jamesmelody]

This sort of attitude is typical of so many companies who sell consumer electronics. So many will refuse to deal with any issues and just direct customers to the manufacturer. This sort of carry on is shamefull in the extreme.

[blacksheep1979]

Microdirect are terrible for this - I had a faulty gfx card that they wouldn't take back until they received the recorded delivery letter threatening action and a friend went in to buy an lcd monitor (I had advised him which one to get) anyway bloke behind counter persuades him to buy a different cheaper old stock different brand saying it would be ideal for dvds. Now once he got it home and wired it up there was blurring and shaddowing whilst watching dvds. Tried to return it but got the response of 'you've opened the box - can't be returned' - how else are you meant to test it? Few stroppy emails about misselling and sog act later they agreed to swap it.

[NinjaAndy]

Thats encouraging. I sent the letter, but not heard anything about it yet. Hopefully will do soon!

[blacksheep1979]

yeah good luck

[NinjaAndy]

Well, ive still not heard anything, and im beginning to feel i might not. What do you think should be my next course of action ?

[NinjaAndy]

Also - i have the receipt from the recorded delivery letter, is there some way of finding out who signed for the letter? and confirming delivery?

[rosiecotton]

I'd give them at least 10 days/ 2 weeks before doing anything further, companies don't always respond too fast.

[jamesmelody]

Send a Letter before action. Notify them that they have 21 days to respond. Failure to respond will result in you taking action through the courts to mitigate your losses. Such action will be taken without any further warning.

 

You need to give them 28 days notice in total before you can take an action.

 

If they don't respond within 28 days you can enter a claim via MCOL.

[NinjaAndy]

Hey again guys.

 

Had a phone call from a guy called Ash at Micro Direct. He said to bring the board in for an inspection and if it didnt look like it had been fitted, they'd replace it.

 

Unfortunatly, i was away on holiday all last week, so had a colleague drop it in. THey were told the board had been fitted, and so it wouldnt be replaced.

 

Firstly - its not been fitted - but apparently they can proove it has by looking at it??

 

Secondly - Even if the board has been fitted - does this make a difference??

 

 

How would you suggest i proceed? As you can imagine, im getting quite annoyed now.

 

Thanks

 

Andy

[jamesmelody]

Go to MCOL and make a claim for the full price of the motherboard plus your MCOL costs.

[jamesmelody]

As you bought this less than (either 3 months or 6 months ago - I'm not sure which) they would have to prove that you damaged the motherboard in court. If as you say you did not they won't be able to prove this.

[Zamzara]

Unfortunatly, i was away on holiday all last week, so had a colleague drop it in. THey were told the board had been fitted, and so it wouldnt be replaced.

 

Sounds like they're totally BSing you. Even if it had been fitted it would not change their obligation unless you had caused the damage, as you have the right to test the item before rejecting it: otherwise how would you know it's faulty?

 

I wouldn't waste any more time on them, go straight to MCOL as they've had loads of chances to put it right.

 

Also, you implied earlier in the thread that they try to limit you to 48 hours to report faults. If this is true they are commiting an offence.

[NinjaAndy]

Hey guys,

 

Just thought i'd let you all know that i eventually won my case! I applied via the MCol route, and got a result in 3 days! Full refund + expenses incurred.

 

Thanks for all the advice!

 

Andy

[blacksheep1979]

hopefully oneday these guys will learn that you can't keep trying to rip people off. Its the people that don't know their rights that are in trouble as they are just so adamant that what they do is ok. Congrats on your result though.

[Chilli Burger]

I bought a hard disk from these people. It failed three months later so I went through their returns process, the sent me an email saying that it would be returned in six to eight weeks. Since the pc was usable I waited patiently. After eleven weeks the chase started. As with others there were no responses to emails and the phone seemd to be in some other world than their supports section.

 

Then I thought of trying their forums, simply click on "Forums" at the top left on their web site. No forums available but their is a link to their Facebook site. It may just be co-incidence but posting on their seemed to get quite a speedy response. I still had to point out to them that I did not want a voucher but would settle for money as was my right.

 

It took a few days and visits to Facebook but my money was returned. Presumably there is such a thing as bad publicity on social sites.