Wrong gpu sent!

[Stanners]

***Update***

He received an email yesterday informing him that what he suggested was unacceptable and they are now going to automatically charge his credit card the full extra amount on the 16th!



He replied via email requesting them not to withdraw any payments as it's unacceptable/unauthorised and to send a qualified/insured engineer round to remove the card and give him a full refund.

Tell him to get in touch with his credit card company, explain you are concerned about the threat of a fraudualnt transaction and let them get in touch with them

 

[Alex h]

Tell him to get in touch with his credit card company, explain you are concerned about the threat of a fraudualnt transaction and let them get in touch with them

plus 1 or just cancel credit card lost or stolen

 

[HeX]

Completely illegal for them to charge his card. I'd get onto Trading Standards and let them know what they've said.

 

[andybird123]

+1, call and report the card stolen immediately

 

[cmndr_andi]

Yes, now is time to get into contact with citizens advice or trading standards, ideally before they take the money out but with the email exchange in-hand.

 

[djkav]

Completely illegal for them to charge his card. I'd get onto Trading Standards and let them know what they've said.

Agreed. They can't charge his card. If they do, get the card issuer to do a charge back, for an unauthorised charge. This will cost the etailer even more.

Also, your cousin shouldn't be left "gfx cardless" for any exchange. The error was in no part his. He didn't even need to see what they delivered if he had it professionally fitted. The delivered card could have been handled by the fitter directly.

If the etailer wants the card back that badly, then they should soak up the cost of their own mistake. They should arrange the delivery of the correct card, arrange removal and refitting at the same time (at your cousins' convenience). I guess this cost alone would be greater than the cost difference between cards.

So any decent etailer would probably write off the loss.

Your cousin does need to make it known that he cannot upgrade his components himself, and pays for this service. Thus any extra payments relating to this, must be met by the etailer.

I'm sure the SOGA says that items sent in error and recovered must not inconvenience or out of pocket the customer.

 

[mmj_uk]

I would still just urge him to pay the difference minus the £15 discount they offered but I guess I'm in the minority,imo it's the only realistic/sensible option that will satisfy both parties without things turning ugly.

I would just accept that I should have checked the item upon delivery before paying to get it fitted and learn from it, all of this hassle and talk of cancelling cards etc seems stupid for the sake of £50 or so.

 

[Rusty0611]

I would just accept that I should have checked the item upon delivery before paying to get it fitted and learn from it, all of this hassle and talk of cancelling cards etc seems stupid for the sake of £50 or so.

Hmmm, it's a difficult one because after paying to have someone fit it he is kind of taking himself out the equation. Unless it's procedure to have him inspect the components before fitting them? I don't know...

Either way it's an unauthorised charge on the card. Have it re-imbursed.

 

[andybird123]

I would still just urge him to pay the difference minus the £15 discount they offered but I guess I'm in the minority,imo it's the only realistic/sensible option that will satisfy both parties without things turning ugly.

I would just accept that I should have checked the item upon delivery before paying to get it fitted and learn from it, all of this hassle and talk of cancelling cards etc seems stupid for the sake of £50 or so.

he shouldn't have to, it was their mistake that caused the problem, the buyer should in no way be left out of pocket for their mistake, what they are trying to do is illegal for good reason - otherwise all disreputable suppliers would be able to upsell in this fashion and con you out of extra money for delivering the "plus" version instead of the one you actually ordered

 

[mmj_uk]

No they wouldn't because the SOGA protects against that, in this case the item was clearly sent mistakenly. Part of the problem here is that he did not check the item before paying for it to be professionally fitted, which is why imo he should accept some of the responsiblity for this outcome and meet the etailer half way.

 

[tommybhoy]

No they wouldn't because the SOGA protects against that, in this case the item was clearly sent mistakenly. Part of the problem here is that he did not check the item before paying for it to be professionally fitted, which is why imo he should accept some of the responsiblity for this outcome and meet the etailer half way.

What he offered, imo, he has been more than reasonable with them:

He has sent off an email pointing out that the cards been used for a week and it can't be sold as new, suggesting he pays the difference minus the discount+£30 fitting, if they don't find it acceptable he has told them to send out a qualified engineer to remove the card and wants a full refund with no further custom from himself in the future.

He tried to meet them half way, it's the etailer who's not willing to budge, in fact they have now withdrawn the discount offered.

At the end of the day, they won't get another sale out of him now, his yearly purchases from them are at least 2+ grand's worth, he's positively raging with them.

 

[andybird123]

No they wouldn't because the SOGA protects against that, in this case the item was clearly sent mistakenly. Part of the problem here is that he did not check the item before paying for it to be professionally fitted, which is why imo he should accept some of the responsiblity for this outcome and meet the etailer half way.

how can they prove they sent it by mistake vs sent the wrong one with the intention of charging more for it?

by the very nature of trying to do that they would try to obfuscate their intention of sending the more expensive card

the onus of checking the correct item should be on the trader, not the customer, as the customer may not be in the position to verify 100% that they've not been tricked in to using a more expensive version of the product they ordered

 

[inSilica]

Even if they charge the card, report it as unauthorised transaction, period. I have this facility on Barclaycard, for day or two it's pending, two days later I can mark it as unauthorized.

... or just cancel the card.

 

[cmndr_andi]

Also, there is one thing to make note of - the difference in time between the package being delivered (should be verified on the online tracking form) and the date of the email from the shop informing him of the error. This time was presumably enough to call out someone to install the graphics card.

I'm not sure what bearing this information will have, but if he talks to citizens advice or trading standards then it is worth having to hand - here is a link.

Also, I would say it is understandable that he didn't realise that the case he recieved was a 7870 instead of a 7850. If you look here and here the boxes look practically the same and most people wouldn't notice the difference (especially if someone else is installing it for you).

 

[djkav]

Also, there is one thing to make note of - the difference in time between the package being delivered (should be verified on the online tracking form) and the date of the email from the shop informing him of the error. This time was presumably enough to call out someone to install the graphics card.

I'm not sure what bearing this information will have, but if he talks to citizens advice or trading standards then it is worth having to hand - here is a link.

Also, I would say it is understandable that he didn't realise that the case he recieved was a 7870 instead of a 7850. If you look here and here the boxes look practically the same and most people wouldn't notice the difference (especially if someone else is installing it for you).

If the professional etailer can't tell the difference between them, then its deffo not the customers fault. The professional is expected to know more than the customer, in the eyes of the law.

I can confirm that upon an investigation by our warehouse department it has been confirmed we have received a mixed batch of graphics cards, in which the 7850 and 7870 cards were mixed up.

 

[Crackatoah]

Its going to cost them the difference by the time arguing about it and the postage... so they may as well just let him keep the card.

Its their mistake, and its only a small difference, he paid someone to install it without realising its just a different number on the card and box which is easily missed if your not looking for it so its not his fault, as far as he knew he paid for and they sent him a 7850, not his fault if he didn't realise there was a '7' instead of a '5' on the box.....

I reckon they should either send someone round to un install it and take it away, or let him keep it as it would be cheaper for them.

 

[Sui]

It's their mistake that they should be sorting out at their cost entirely, don't let your cousin settle for anything less. If it were me I'd be 100% confident that I'd win in the event that it were to end up in court, and he should be too.

He's done nothing wrong at all, he paid for the goods and to his knowledge received the right thing, maybe if it was a different brand it would be easier to notice the difference, or a different component. However when the product name is nearly identical it's not really down to him, not everyone who orders components know what they're really getting.

They made the mistake, they must correct it without the inconvenience to your cousin, if he was able to remove it and install it himself then they should at the very least ship him out the 7850 first and be handed to him on collection of the 7870. The fact he's had it professionally installed is, in my mind, still down to the etailer to correct, as it's the etailers fault that he's paid for the wrong card to be installed. Just because they have poor stock control, your cousin shouldn't face any 'punishment'.

If they charge you without your consent, then good ****ing luck to them.

 

[Crackatoah]

Yes if it went to court (which it simply wont because it would cost them more than its worth in fee's)
Then they wouldnt last 5 minutes, because the only thing they have to go on is that he did'nt check the card before he paid for it to be installed, but its not that simple.

The graphics card is practically identicle to the one he bought and as far as he knew received, the only difference is just one single number on the box and on the card which is a '7' instead of a '5' and easily missed if as far as you know is the card you bought.

If you buy a graphics card you aren't legally responsible to check if its the exact one you bought once you received it, unless its clearly a different model. But in this case its just a different number on the box and card, both cards look the same otherwise.

 

[Twirlywoos]

***Update***

He received an email yesterday informing him that what he suggested was unacceptable and they are now going to automatically charge his credit card the full extra amount on the 16th!



He replied via email requesting them not to withdraw any payments as it's unacceptable/unauthorised and to send a qualified/insured engineer round to remove the card and give him a full refund.

Contact consumer/citizens advice bureau. They can't just take money out of his account for a mistake they made. Write an email to their head office and cc Citizens advice into it. Explain he has a disability and the entire situation.

Sorry I didn't read all the posts.

 

[Joshct]

Read all the posts, was extremely interested.

Without trying to add more debate to all the law quotes, i have read every quote and it is my interpretation that he is entitled to keep 7870 and demand the 7850.

I understand he is not the kind of guy to do that, i'm just saying as an example that is what he is ENTITLED to do, and as such if he chooses to accept it as a substitution thats fine. Or any of the other options people gave where it is all to his convenience and doesn't cost him anything.

If they do charge him extra, on principal take them to small claims court, even the threat of court can sort out the issue.


Whatever you and your cousin decide, he doesn't have to benefit from the mistake (i.e demanding the 7850 as well) but don't accept any agreement where he spends more money, is inconvenienced (no card for a week etc) or anything that puts him in a state where he's worse of than he currently is.