PC NextDay sold damaged hd-no refund!!!

  MichelleC 09:08 06 Aug 2004

I bought Maxtor 200gb for son. He's not expert but he fitted it ok. He tried using it but kept getting errors. I saw him weekend before last and couldn't run scandisc or NSW Disc Dr so got RMA number from PC Nextday and sent off. They now say it's a damaged ide controller, but won't replace as after the 7 days damaged goods time limit. It was received July 7th and returned July 27th. I know it's 20 days, but troubleshooting and hols etc account for the time delay. I didn't know about the 7-day rule and it's not shown on their site, so is it actual law or just their excuse.

So, son has defunct hd from company I recommended.

Can I get ide controller fixed by local shop?

Should I instigate Trading Standards?

Is it best to complain to Maxtor?

I'll never use PC NextDay again.

  [email protected] 09:20 06 Aug 2004

go direct to maxtor stating HDD numbers and ask for replacement. I have had one fail many years ago & maxtor were very good at sorting out the problem even though I had to pay postage to Ireland it was worth it to have a good HDD
I normally register any items for my PC with the makers

  Col Urban 09:41 06 Aug 2004

the "7 day rule" only applies to returning goods that you don't want not faulty goods (distance selling regs).

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". A court will agree that in your case the time is reasonable.

Contact them again saying you want a refund/replacement and that you are entitled to this under the Sale of Goods Act.

If that doesn't work you can take them to the Small Claims court. Trading Standards or Citizen's Advice will be able to give you advice here.

sale of goods fact sheet -
click here

  TBH1 09:46 06 Aug 2004

MichelleC - not sure about this "7 day rule" - - this to me is effectively telling you you have a 7 day warranty ( ???? ) - now THAT ain't legal is it ?? Persever with this, though kellysbouncas ( what a lovely name ;) ) has a good idea re contacting Maxtor .

Apolgies for spelling, had trouble there with effectively and persevere - -

  spuds 12:01 06 Aug 2004

As previously stated. The Distance Selling regulations and the Supply of Goods and Services Act are not the same. If the item is not fit for the purpose, then the retailer responsibility is to make sure that the item is fit, unless of course, evidential damage was caused by a third person.

Its suprising how some companies still do not know about these consumer laws, especially when you try to return faulty goods. Or perhaps I am wrong, and they do understand. Nothing like a foolish customer :o(

  MichelleC 13:08 06 Aug 2004

This is a reply from PC Nextday to email I sent them today:

Thank you for your email below, please see a copy of our terms and conditions below regarding 'Damaged Items' and 'Faulty Items'. The drive was reported as faulty but when received we found it to be damaged.

You may want to pursue a claim with the carrier you used when you returned the drive as if you had appropriate insurance cover, you will be covered for damages.

If you require any further information or assistance, please do not hesitate to contact the customer services department.

Dawn Tinson
Customer Services
PC Nextday Limited
[email protected]

A damaged ide controller can't be seen by a non-hd-expert, so we assumed it was faulty.

  TBH1 15:01 06 Aug 2004

This is getting confusing - - they are presuming it was damaged when returned to them and YOU must take up with courier. Your saying it was damaged when you got it so shouldn't they be pursuing with the courier they used ?.

  MichelleC 15:45 06 Aug 2004

I'm glad I'm not the only one who's confused. I just sent them this email:

Without Prejudice

You may be somewhat confused. How could the ide contoller be damaged by
'our' courier when it obviously arrived to us damaged by 'your' courier.
So should you not be taking the responsibility with your courier.
I will write to Trading Standards, and take the matter up with Maxtor. If
I receive no satifactory answer from you I will instigate online court proceedings
against you and we will settle the matter in court.
I look forward to hearing from you.

  TBH1 16:17 06 Aug 2004

MichelleC - - -nice one

  MichelleC 08:55 07 Aug 2004

This is their latest response (silly people - it's going to cost them money)

Thank you for your email below, as previously advised we are unable to accept the drive for a replacement or refund as if received damaged the drive should have been reported within the 7 day period. As the drive was reported faulty, all goods are inspected before being tested and the ide controller was detected as being damaged therefore the warranty is void and the drive was returned to you.

If you require any further information or assistance, please do not hesitate to contact the customer services department.

Dawn Tinson
Customer Services
PC Nextday Limited
[email protected]

I'll contact Maxtor today as well.

  spuds 21:47 07 Aug 2004

If you want to complain click here click here

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