Faulty item within warranty, need advice

swaps

swaps

swaps

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I purchased a 2TB external "WD 2TB Elements Desktop Hard Drive" from a competitor site last year March. It recently failed due to bad sectors and became unusable (I lost 2TB of data). I contacted them and set up a RMA, the guy over the phone said if it's faulty/broken we will replace the product. Today I recieved an email saying:

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Dear Jake, Following extensive tests by our Returns staff, this item was found to be faulty. Therefore a refund will be issued once the RMA has been closed. As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested. More details can be found in the Your Account section of www.*****.com. Please note; debit/credit card refunds can take up to three working days to clear. Kind regards, ***** Customer Support www.******.com http://www.*****.com

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I have replied to them and I have said:

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Hello, since it's still under warranty a refund for the amount I paid will
not do. I want a refund of the product itself, due to it's still under
******'s warranty and Western Digital's warranty. I request a brand new
"Western Digital Elements 2TB External Hard Drive Hi Speed USB - Retail"
replacement. A refund will not fix the current problem. You still have the
product in stock so I don't see the problem.

Also it seems you are trying to misquote Section 48A of SoGA. In essence,
this states that, where a fault appears within 6 months of purchase, the
fault must be considered to have been present at the time of the purchase
and the seller must repair or replace. After 6 months it is for the
purchaser to prove that the fault is inherent rather than arising from wear
and tear.You stated that the HDD is faulty. As a result, I am entitled to
require them to repair or replace, in this case replace. Not partially
refund.

Sales of goods act 1979 should state the manufacturer is to blame for up to
24months. You can just RMA it to Western Digital and get a brand new drive
from them to send to me if it's really a problem of ****** replacing it. I
have been a member of ****** for quite some time now and I have never had to put up with this.

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I can't call them since they're now closed, I will have to get in contact with them tomorrow. I've also contacted WD with the info above. What should my next step be if they refuse to send me a replacement of the product?

Also the drive cost me £83 at the time and it's almost £94 on their site right now.
 
"Also the drive cost me £83 at the time and it's almost £94 on their site right now. "

That's the problem right there. They don't want to give you a replacement because the drives cost them more now than they did then, and they are likely also making less profit on it now than they did then.

It's a pretty crappy attitude really.
 
spoffle said:
"Also the drive cost me £83 at the time and it's almost £94 on their site right now. "

That's the problem right there. They don't want to give you a replacement because the drives cost them more now than they did then, and they are likely also making less profit on it now than they did then.

It's a pretty crappy attitude really.
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So if I was to offer them £10 on top, they would be willing to give me a product replacement? That's pathetic.
 
Why do people keep sending hard drives to retailers when it is easier, less hassle and totally avoids this situation to return it to the manufacturer? I know what SOGA says but the hard drive comes with additional service - the manufacturers RMA process - for your convenience. This is the second thread like this we've had - sadly the case is they are entitled to make a proportional refund based on usage under SOGA.

It sucks, its legal and it was totally avoidable.

Get them to return the drive to you and send it to WD.
 
[TW]Fox;22415283 said:
Why do people keep sending hard drives to retailers when it is easier, less hassle and totally avoids this situation to return it to the manufacturer? I know what SOGA says but the hard drive comes with additional service - the manufacturers RMA process - for your convenience. This is the second thread like this we've had - sadly the case is they are entitled to make a proportional refund based on usage under SOGA.

It sucks, its legal and it was totally avoidable.

Get them to return the drive to you and send it to WD.
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I will try to do so. I thought it would be easier to take it up with the retailer I bought from.
 
[TW]Fox;22415283 said:
Why do people keep sending hard drives to retailers when it is easier, less hassle and totally avoids this situation to return it to the manufacturer? I know what SOGA says but the hard drive comes with additional service - the manufacturers RMA process - for your convenience. This is the second thread like this we've had - sadly the case is they are entitled to make a proportional refund based on usage under SOGA.

It sucks, its legal and it was totally avoidable.

Get them to return the drive to you and send it to WD.
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Some companies offer extended periods of warranty over the manufacturers. I believe OcUK do this on some of their drives, such as the Seagate Barracuda 2TB Green. Seagate only offer a 1 year warranty but OcUK are offering a 2 year warranty where you return it to OcUK if it breaks after the first year.

Though I agree, if it's within the first year then you should definitely return to the manufacturer for a replacement. The whole process is much MUCH simpler
 
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Always had great service from hdd manufacturers when needing to RMA. I'm sure a thread like this happened a while back. Someone suggested the retailer was probably trying it on. Partial refund the customer, RMA the drive themselves and then get to sell it on at full price retail. Not sure it would but could happen.
 
swaps said:
What should my next step be if they refuse to send me a replacement of the product?
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Phone them up and explain you will arrange for their local trading standards office to give them a call to explain they have training issues regarding consumer rights.

And advise you are also prepared to take the matter to your local small claims court and will pass on any expenses incurred on top of the refund.

This only works if you're actually prepared to do this. Small claims court is a doddle. Basically it's like a board room, with a judge (no wig or anything and no real "dock") who hears both sides and then makes an order.

If they don't attend they are in default. If they do, the law is on your side.

If they don't pay after an order is made, you can approach the court and send in the bailiffs.

Pretty straightforward really.

And don't be worried about the size of the organisation. They still have to attend otherwise it's contempt of court.
 
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It's a scam. As stated this has been posted a few times.

They send the drive off for rma, they refund you say £30. They get a new drive to sell for a bargain price of £30 where it may normally cost them £70 to buy.
 
sven256 said:
It's a scam. As stated this has been posted a few times.

They send the drive off for rma, they refund you say £30. They get a new drive to sell for a bargain price of £30 where it may normally cost them £70 to buy.
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I see, so it's best for me to decline the refund and tell them to send my drive back and RMA it to WD. Also is there any hardcore solid proof that it is a scam?
 
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