Company refusing to replace/refund faulty goods

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26 Jul 2013
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166
Location
England, Bromsgrove
Hello, I brought a palit GTX650TI Boost OC on the 27th/07/13 and arrived 29/07/13 from a well known computer company.

Any way, After owning the card for 7 days i started noticing graphic glitches on near enough all the games i was playing at the time, So i started a RMA with the company and heard nothing back for 4 days.

Luckily i payed with paypal so i started a paypal dispute to get there attention, They simply declined my reasoning and told me to ring them on there customer help line, which i was going to do untill i went to log onto my account to find that it had infact been deleted/made inactive ( *image removed - competitor* ) there initial response took them a good 5 days which is poor.

So with my account closed/deleted i wouldn't be able to prove i had brought the card from the company giving me no leg to stand on..

So i thought heck im sure paypal will side with me on this, so off i went and started a paypal claim requesting a refund/replacement. Once again it took them bloody ages to respond to the claim, But for some ungodly reason PayPal ruled in there favor.

So my claim was closed, leaving me with a faulty card that i cant return because the company dont want anything to do with it and i think this is mainly down because the card is no longer in stock so they would have to refund me the money

Here are some pictures/Videos of it

Mech Warrior:
http://i.imgur.com/1xIoYQg.jpg
EVE:
http://i.imgur.com/iv52g5s.jpg
Bio shock 2 videos
http://www.youtube.com/watch?v=nQiU5FVC6B0
http://www.youtube.com/watch?v=R8ncYF1Tsug

All drivers are up to date, My previous card had no issue (Palit GTX465)

This is quoted from there terms and conditions

Items Faulty in Warranty Period
If any of your purchases develop a fault, and it's more than 28 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In some cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly. For business customers all warranty repairs after 28 days of receipt are referred directly to the manufacturer (unless otherwise stated)

Nice to know they hold up there end of the bargin!

So now im fudged! I even went on there forums and posted in the RMA section just to have my thread deleted! (Dicks)

Now my question is, What can i do? Trading standards? Small claims court?

Any help would be appreciated!

Many thanks

John
 
Personally I think you should have had a little more patience before you started disputing things with PayPal. Even they will tell you to contact the other party first to try and resolve matters.

I'm sure you could have rang them and given it just a bit longer to find out what was going on. I'm sure its not done you any favours by taking such a stance from the outset.
 
But for some ungodly reason PayPal ruled in there favor.

That's all? No text at all to indicate why Paypal closed it, no further correspondence attempted with Paypal to reopen, surely you need to carry on pushing it back through Paypal, they would rather **** of a seller who needs Paypal more than we as buyers do.
 
I admit i may have jumped the gun abit and thats mainly down because im use to good customer service and response times from company's like OCuk and various other company's.

But even so, its not asif i was trying to fleece them of the money and keep the card, all i was going was getting the ball rolling and i had contacted previously about and was ignored
 
I don't see why the competitor info isn't up! I'll occasionally shop around however a Uk based Tech dealer which deletes customer info to avoid paying refunds. I'd rather not shop there...
 
That's all? No text at all to indicate why Paypal closed it, no further correspondence attempted with Paypal to reopen, surely you need to carry on pushing it back through Paypal, they would rather **** of a seller who needs Paypal more than we as buyers do.

I have contacted Paypal about it with more evidence etc and am waiting a response. All they said was

"Dear Jonathan Adkins,

We have concluded our investigation into your case. Unfortunately, at this
time we are unable to decide this claim in your favour. "

Thats all i got
 
I don't see why the competitor info isn't up! I'll occasionally shop around however a Uk based Tech dealer which deletes customer info to avoid paying refunds. I'd rather not shop there...

******, i thought the forum blanked out the other websites! If they do check the link where it shows my account being inactive

Ahh damn didnt see that the mods had removed my link to that part :( Damn, Well they have 100000 likes on facebook if thats any help to you detectives out there
 
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I admit i may have jumped the gun abit and thats mainly down because im use to good customer service and response times from company's like OCuk and various other company's.

But even so, its not asif i was trying to fleece them of the money and keep the card, all i was going was getting the ball rolling and i had contacted previously about and was ignored

You may well be used to good customer service, but even still you have to give them a chance. Once resolved, just don't use them again.

As for fleecing though, they don't know you intentions. Trying to get PayPal to open a dispute and do a reversal is like somebody having their credit card company issue a chargeback, but even they won't do that without some good grounding, where as PayPal is much more open to abuse.

When you say you contacted them and were ignored, did you actually pick up the phone and try ringing about it?

That would be what I'd do before acting so rashly.
 
Pretty sure with a paypal dispute they're supposed to inform the seller that they should contact the buyer long before they even think about issuing a refund. I can understand where the OP is coming from. He got ignored initially so wanted Paypal to give them the kick up the arse they deserved but it all went a bit wrong for the OP. I'd just call the company to explain the situation and go from there.
 
should have paid with a credit or debit card and done a charge back
Aye going to Paypal early on was probably what did it.

It doesn't justify the action the etailer has taken though and I doubt ocuk would try the same

Do you still have the tracking number? you can use that to prove they sold you the card as well as your paypal history

I would probably goto my solicitor or if you don't have one try reporting it as fraud or something at the police station because I'm pretty sure etailers aren't allowed to go deleted your account and pretending you never bought from them to avoid returns/refunds
 
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Why should i have to ring them? After all Email is a form of communication, whats the damn point of them having a RMA form if they dont respond to it. If they want people to ring them off the bat then they should say so.

And they charge 10p a min, the can sod off with that one!

For instance, i brought an airsoft gun which costed me £400, after a few days it broke so i Emailed the company and they got back to me on the same day saying they will get in contact with the maker to get a spare part.

In the end over a period of about 2 weeks with constant communication via Email they told me they could not get a replacement part so i requested a refund, they accepted with no quibble or ******** and within a few days i had the money back in my account with no issue. And that was done all via Email

Things can get sorted without picking up the phone and after reading some of the ******** the people give you on the phone id rather not waste my time
 
should have paid with a credit or debit card and done a charge back


It doesn't justify the action the etailer has taken though and I doubt ocuk would try the same

Do you still have the tracking number? you can use that to prove they sold you the card as well as your paypal history

I would probably goto my solicitor or if you don't have one try reporting it as fraud or something at the police station because I'm pretty sure etailers aren't allowed to go deleted your account and pretending you never bought from them to avoid returns/refunds
I'm not saying it justifies their actions, but from their point of view a customer has tried to get their money back without returning the product. Retailers are wise to this sort of scam so going the nuclear option early won't do you any favours. Give the retailer a reasonable amount of time before escalating things.
 
I'm not saying it justifies their actions, but from their point of view a customer has tried to get their money back without returning the product. Retailers are wise to this sort of scam so going the nuclear option early won't do you any favours. Give the retailer a reasonable amount of time before escalating things.

He tried to do an RMA and heard nothing for 4 days so grew tired of waiting and did the only thing he knew to try and get the wheels moving.
starting a paypal dispute to gain a resolution.

That does not have to be a full refund without him returning the product it is supposed to be a way of opening discussion between he buyer and the seller with everything logged as evidence in the dispute.
the company
" They simply declined my reasoning and told me to ring them on there customer help line"
surely goes against paypal policy? surely all contact should be via the resolution centre in paypal once the dispute ha started? and should have resulted with him being given a refund imo for them trying to settle it outside of paypal.
but ofcourse we don't know how he worded his dispute or it it sounded demanding
 
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He tried to do an RMA and heard nothing for 4 days so grew tired of waiting and did the only thing he knew to try and get the wheels moving.
starting a paypal dispute to gain a resolution.

That does not have to be a full refund without him returning the product it is supposed to be a way of opening discussion between he buyer and the seller and the company should have acted reasonably.

but ofcourse we don't know how he worded his dispute or it it sounded demanding

Exactly, i even said i would return the item for a refund/replacement both of the dispute and the claim.

As for OCuk as well, when i got my refurb H60 i suspected a leak so i contacted them and within 30-40mins i had a RMA set up and ready to go.

Turns out it wasnt leaking just a lot of oil based substance on the outside, but it was nice to know i had a RMA open ready to go if it was a leak
 
And what exactly is a reasonable time??, from what i understand the OP waited a good 4-5 days before starting the paypal claim.

Id try the trading standards if i was you OP, perhaps they may be able to help you get your money back or some sort of resolution.

Also next time buy from OCUK, they may not be as cheap as some out there but damn they give a great service shopuld anything go wrong.
 
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