PC Nextday insolvent

  Vaughn123 09:43 05 Oct 2007
Locked

I feel sorry for all who have had problems or who have bought from PC Nextday. To cut a long story short I have been waiting 5 months for my PC to be repaired. I have an onsite warranty provided by a company called Repairline and so far it has cost me 3 days off work and my PC is still not fixed because they bought the wrong parts, didn’t turn up or on their last visit bought faulty replacement parts. Because of this I have initiated legal action through my house insurance for breach of contract and I would have had a very good chance of winning but unfortunately my insurance/solicitor are withdrawing from the case because PC Nextday are insolvent and there is little chance of getting any money from them. What I want to know is why insolvent companies are still able to trade and why are they immune from successful prosecution? Is there no protection for consumers against insolvent companies? Has anyone else seen any evidence that PC Nextday is having financial problems? Are they still advertising heavily in PC Mags?

Any information would be greatly appreciated!

  spuds 13:13 05 Oct 2007

Companies going into administration/insolvency are usually taken over by appointed administrators who may find ways to continue the business in one form or another, until the times comes that nothing further is required of their services.

The mysteries of insolvency laws are very complex, and the average layperson hasn't a chance of really understanding them.I have been in the position of having companies go bust on me, and it isn't a very pleasant experience, especially if your chances of getting any recompense are slim or nil. Hence the suggestion of paying for goods and services by credit card or certain finance arrangements, which might provide safeguards under Section 75 of the Consumer Credit Act.Did you pay that way, because if so, your warranty may still be intact!.

Regarding advertising, this is usually done months ahead of publication, so to stop any advertising immediately would be near impossible. In fact, some of the advertisers may be in the same position as yourself, and like yourself need to register as a creditor with the administrators.

  Quiet Life 14:56 05 Oct 2007

Repairline appear to be a separate organisation and if your agreement is with them surely the insolvency of PC Nextday does not matter.

  Rosemary Haworth 17:40 09 Oct 2007

PC Next Day have called PC Advisor in response to this thread. The company is not insolvent and has every intention of fixing Vaughn123's PC.

According to a PC Next Day spokesman, onsite warranties are generally handled by Repairline - the contractor they retain for this purpose. Repairline diagnose PC problems over the phone and go out and swap out any hardware or address other problems they believe from their initial diagnosis to be the problem.

It sounds as though Vaughn123 has not had his problem successfully fixed this way, in which case an email to [email protected] or a call on 0870 162 6342 outlining the ongoing problem (along with what has already been done in an attempt to remedy it), will result in the problem being escalated.

At this stage, we are told, PC Next Day will come to an arrangement with the customer. The most likely scenario is that PC Next Day will then address the problem directly and will send out one of their own inhouse engineers to take a proper look and see the issue through to a successful resolution.

Kind regards,

Rosemary Haworth, deputy editor, PC Advisor

  Vaughn123 12:29 10 Oct 2007

Wow I am impressed with this forum!

I do sincerely apologise to PC Nextday if the information I was given by my solicitor is incorrect. Fact is that my insurance/solicitor have done a credit check on PC Nextday which shows that technically they are insolvent and as such there is less than a 51% chance of winning a case against them. Out of fairness to PC Nextday I will get my legal insurance (das.co.uk) to prove this to me and if it is ok I will post what I find on here asap.

The good news for me is that Repairline are attempting to repair my PC again tomorrow but so far it has taken 18 emails (to PC Nextday), 27 phone calls, 5 months waiting, 4 days off work, 2 new motherboards, 2 new graphic cards to get this far. Of course I am very pleased to learn that PC Nextday are committed to fixing my PC at any cost but strongly suggest that they should look again at their procedure and most importantly quality of customer service. Some advice would be - to explain why things have gone wrong when they do, provide packaging when faulty items need to be returned (like HP & Dell), speed up the supply of replacement parts to Repairline, speed up procedure in general, offer am, pm or Saturday appointments and maybe offer a gesture of goodwill when required. Even some basic humane sympathy would have helped and a sign that everything possible is being done would have made all the difference. Anyway I hope PC Nextday can learn from this and perhaps even turn into one of the best PC suppliers in the country, I wish them luck!

  Vaughn123 13:24 12 Oct 2007

The Repair Line engineer came yesterday and now I am the proud owner of a PC worth £1600 with a completely dead motherboard, a dead graphics card (2nd SLI card ok), a set of hard drives which don’t work and a set of speakers which have been diagnosed by creative as faulty (came with PC).

I am now questioning the quality of components PC Nextday are using (ECS KN1 Extreme SLI & Inno3D graphic cards). My fear is that once/if my PC is repaired my warranty will have expired and I’ll have no come back.

Does anyone have any opinions on ECS and Inno3D? Should I give PC Nextday an other chance? What are my options? Is taking them to a small claims court on my own worth the risk? Is there any chance that my solicitor is NOT telling me the truth about PC Nextday’s insolvency? What about PC Nextday are they telling us the truth, see editor’s note? Please help, what should I do next?

The hard drives I have are configured as stripe raid and one drive is showing as disk error. Is there any chance that a specialist could still recover data from it or are all my holiday pictures which I didn’t backup lost?

To set the record straight:

a. I have since been forced to build my own PC with, I must say, quality parts supplied by Overclockers, shame I was too scared/lazy to do that last year!

b. Tech support at Creative has been brilliant and they have offered to replace my speakers under warranty.

c. I haven’t informed PC Nextday yet of the latest situation but hopefully they are watching this thread.

d. The Repairline engineer who came yesterday voluntarily agreed to try again tomorrow, he felt sorry for me and he will try to at least get the operating system going with a new hard drive. The trouble is I don’t want to give him my old hard drives, in exchange for a new drive, if there is still a chance of recovering data from it?


Any help, feedback, information would really be appreciated.

  donki 13:41 12 Oct 2007

I know a little about GFX cards and Inno3D are a very very budget manufacturer. As the saying goes, you get what you pay for. Sorry to here of your situation.

  Quiet Life 14:08 12 Oct 2007

If a company has liabilities on its balance sheet that are of greater value than its assets, then it is technically insolvent. However, it may have cash flows that are sufficient to allow it to pay liabilities when they actually become due. It may also be that bank borrowings are secured by the directors and the working capital is provided in this way. The directors of a company are personally liable if trading while insolvent and if the latest lodged accounts shows that the assets are less than the liabilities then that is a bit of a plus.
Most companies go into legal insolvency (Administrator,Liquidator,Composition with Creditor etc.) when their last set of accounts showed them as being solvent and the directors can argue that they never knew the company was insolvent. You should ask the solicitor what criteria he used in stating the company was insolvent.

  Vaughn123 14:34 12 Oct 2007

Ok if they are living, as you say, on borrowed money would it be worthwhile for me to take them on without the help of a solicitor?

  The Muir 14:47 12 Oct 2007

Give them the opportunity to correct your issues first.

Saves lots of hassle.

Tom

  spuds 14:53 12 Oct 2007

You appear to be going around in circles. Go back to your insurance company's appointed legal advisers, and ask them for full details as to why they will not fight or deal with your claim. If they say the computer company is insolvent, then you want to know these facts in writing, because if you have made a wrong accusation, then this could lead you to further actions and problems. (send a copy to your insurance company of any replies).Get your facts 100% correct first!.

I have dealt with insurance companies legal advisers (paid by extra premiums) in the past, and were there is the slightest let-out for not taking legal action on your behalf, they seem to want to go down this route, instead of providing expensive legal action. Of a recent case that I was involved in, the appointed legal advisers used a no fee-no win firm of solicitors, who were located 30 miles from where I lived. Local solicitors were available, but in my case, the legal advisers were reluctant to use my suggested contact firm of local and convenient (to me)solicitors.

I asked earlier. Did you pay by credit card or computer finance package. If so, have you contacted the finance provider, and placed the problem before them.

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