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Anyone taken Ebuyer to Small Claims Court ?



 
 
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  #1  
Old September 20th 04, 11:57 AM
Cicero
external usenet poster
 
Posts: n/a
Default Anyone taken Ebuyer to Small Claims Court ?


"Cpt Jack Sparrow" wrote in message
...
I've got a problem with them that might end up with a Small Claims
Court summons, anyone here ever used one against them ?
--


E-Mail Addy ---Rot13 it
watch out for spam trap in header

http://www.keratoconus-group.org.uk/


=================
Yes, I used the 'Small Claims' procedure successfully. When Ebuyer ignored
my complaints and refused to refund my money I issued a summons (cost about
£30-00 at the time but since increased I believe). Ebuyer paid up in full
within a few days without going to court. They refunded the original sum
claimed and the cost of the summons.

There seems to be a rather resigned attitude amongst some disappointed
Ebuyer customers that it isn't worth taking court action for a 'few quid'.
In my case it was *only* about £40-00 and I certainly didn't expect to be
ignored for such a sum. If you are sure of your ground and you've given
Ebuyer adequate time to sort things out then taking court action is quite
reasonable and likely to be successful.

Best of luck,

Cic.


  #2  
Old September 20th 04, 12:43 PM
Cicero
external usenet poster
 
Posts: n/a
Default


"Cpt Jack Sparrow" wrote in message
...
On Mon, 20 Sep 2004 10:57:23 GMT, "Cicero"
wrote:


"Cpt Jack Sparrow" wrote in message
.. .
I've got a problem with them that might end up with a Small Claims
Court summons, anyone here ever used one against them ?
--


E-Mail Addy ---Rot13 it
watch out for spam trap in header

http://www.keratoconus-group.org.uk/


=================
Yes, I used the 'Small Claims' procedure successfully. When Ebuyer

ignored
my complaints and refused to refund my money I issued a summons (cost

about
£30-00 at the time but since increased I believe). Ebuyer paid up in full
within a few days without going to court. They refunded the original sum
claimed and the cost of the summons.

There seems to be a rather resigned attitude amongst some disappointed
Ebuyer customers that it isn't worth taking court action for a 'few

quid'.
In my case it was *only* about £40-00 and I certainly didn't expect to be
ignored for such a sum. If you are sure of your ground and you've given
Ebuyer adequate time to sort things out then taking court action is quite
reasonable and likely to be successful.

Best of luck,

Cic.



this is for a laptop £800, they seem to think they can fob me off by
telling me to deal with the makers but seeing as I bought it from them
and not the makers I don't see why I should, no contact from them
since August now from them and they seem to refuse to answer special
delivery mail and their own E Notes so looks like the last option is
court
--


E-Mail Addy ---Rot13 it
watch out for spam trap in header

http://www.keratoconus-group.org.uk/


============
Ask in uk.legal about the legal position. As far as I know the vendor is
responsible for what he sells but someone else may give you better advice on
the matter. It would appear that Ebuyer (and possibly other retailers) think
that they're being helpful by referring you to the manufacturer for service
because it will be quicker. I doubt if that's the true legal position but I
would suggest that you verify this before taking legal action. Your local
'Trading Standards' should be able to help you with the legal position but
don't expect any help from them in direct action with Ebuyer!

Cic.


  #3  
Old September 20th 04, 01:02 PM
Pete
external usenet poster
 
Posts: n/a
Default


"Cpt Jack Sparrow" wrote in message
...
On Mon, 20 Sep 2004 11:43:37 GMT, "Cicero"
wrote:



============
Ask in uk.legal about the legal position. As far as I know the vendor is
responsible for what he sells but someone else may give you better advice

on
the matter. It would appear that Ebuyer (and possibly other retailers)

think
that they're being helpful by referring you to the manufacturer for

service
because it will be quicker. I doubt if that's the true legal position

but I
would suggest that you verify this before taking legal action. Your local
'Trading Standards' should be able to help you with the legal position

but
don't expect any help from them in direct action with Ebuyer!

Cic.



thats is correct the seller is responsible under the law as the
contact exists between seller and buyer not buyer and maker.

I did try getting hold of the maker for the first week but after being
on the phone for nearly an hour a day waiting in a que I gave up. The
answer phone message was/is so old its telling people of the new
release of XP service pack 1

Acer phone service help seems to be a kin to Ebuyers
--



make sure you can 'prove' you tried to contact acer and it was unsuccesful.
(everyone knows not to buy acer btw!, your laptop will be away for a month
or more and come back with same probs!)

My mate lost his case because the judge deemed the vendors reply to contact
the manufacturer
fair as the warranty was done through the manufacturer.
Because he didn't follow the vendors instruction and try, the judge kicked
it
out.





  #4  
Old September 20th 04, 01:16 PM
Cicero
external usenet poster
 
Posts: n/a
Default


"Cpt Jack Sparrow" wrote in message
...
On Mon, 20 Sep 2004 11:43:37 GMT, "Cicero"
wrote:



============
Ask in uk.legal about the legal position. As far as I know the vendor is
responsible for what he sells but someone else may give you better advice

on
the matter. It would appear that Ebuyer (and possibly other retailers)

think
that they're being helpful by referring you to the manufacturer for

service
because it will be quicker. I doubt if that's the true legal position

but I
would suggest that you verify this before taking legal action. Your local
'Trading Standards' should be able to help you with the legal position

but
don't expect any help from them in direct action with Ebuyer!

Cic.



thats is correct the seller is responsible under the law as the
contact exists between seller and buyer not buyer and maker.

I did try getting hold of the maker for the first week but after being
on the phone for nearly an hour a day waiting in a que I gave up. The
answer phone message was/is so old its telling people of the new
release of XP service pack 1

Acer phone service help seems to be a kin to Ebuyers
--


E-Mail Addy ---Rot13 it
watch out for spam trap in header

http://www.keratoconus-group.org.uk/


==============
If you're sure of the legal position write to Ebuyer by Recorded Delivery
giving them a deadline (7 to 14 days maximum) for a satisfactory response.
Also state that you will commence legal action without further notice if you
don't get satisfaction from them within the stated period. At the same time
telephone your local County Court and ask them to send you the relevant form
to issue the summons. The form will come with guidance notes to help you
with your claim. Read carefully and complete the form ready to send as soon
as your deadline time arrives. If Ebuyer fail to respond then it's up to
you but if you're sure of your ground don't hesitate to start the legal
action.

My guess is that Ebuyer will come to their senses when they know that you're
serious.

Cic.

p.s. I've just seen the reply from 'Pete'. Take note of what he says because
what he says does show the dangers of NOT being sure of your ground.


  #5  
Old September 20th 04, 06:43 PM
Parish
external usenet poster
 
Posts: n/a
Default

Pete wrote:
"Cpt Jack Sparrow" wrote in message
...
On Mon, 20 Sep 2004 11:43:37 GMT, "Cicero"
wrote:



============
Ask in uk.legal about the legal position. As far as I know the vendor is
responsible for what he sells but someone else may give you better advice

on
the matter. It would appear that Ebuyer (and possibly other retailers)

think
that they're being helpful by referring you to the manufacturer for

service
because it will be quicker. I doubt if that's the true legal position

but I
would suggest that you verify this before taking legal action. Your local
'Trading Standards' should be able to help you with the legal position

but
don't expect any help from them in direct action with Ebuyer!

Cic.



thats is correct the seller is responsible under the law as the
contact exists between seller and buyer not buyer and maker.

I did try getting hold of the maker for the first week but after being
on the phone for nearly an hour a day waiting in a que I gave up. The
answer phone message was/is so old its telling people of the new
release of XP service pack 1

Acer phone service help seems to be a kin to Ebuyers


Yep, but they do (or did) respond to e-mails.

--



make sure you can 'prove' you tried to contact acer and it was unsuccesful.
(everyone knows not to buy acer btw!, your laptop will be away for a month
or more and come back with same probs!)


Tell me about it. They collected my TFT monitor on June 28th, "usually"
turning repairs around in 5 days - I'm still waiting. Unfortunately,
from the little research I've done, I don't really have a legal case
against them as I bought it from Dabs sigh

On the positive side, I did get a letter from their Customer
Services(!?!) Manager crowing about "unprecented increase in sales" and
how Acer "still have one of the lowest failure rates in the industry".
Hmmm, in my experience, they have 100% failure rate.

Good luck with your action OP.

Parish

My mate lost his case because the judge deemed the vendors reply to contact
the manufacturer
fair as the warranty was done through the manufacturer.
Because he didn't follow the vendors instruction and try, the judge kicked
it
out.





  #6  
Old September 21st 04, 01:03 PM
Rob S
external usenet poster
 
Posts: n/a
Default

On Mon, 20 Sep 2004 18:43:04 +0100, Parish wrote:

-On the positive side, I did get a letter from their Customer
-Services(!?!) Manager crowing about "unprecented increase in sales" and
-how Acer "still have one of the lowest failure rates in the industry".
-Hmmm, in my experience, they have 100% failure rate.

We deal with Acer a lot, and I have to agree that their CS leaves a lot to be
desired. Previous letters (real written ones) to the CS director have gone
unanswered, as have dozens of emails.

However my experience with other major manufacturers mainly rhyming with Smell
are no better.

Does anyone know of a major manufacturer with a decent helpdesk/customer service
dept where you a) get through to a real person within 5 minutes, b) get dealt
with reasonably, and c) decent turnaround on warranty repairs?

-Rob
robatwork at mail dot com
  #7  
Old September 21st 04, 01:11 PM
Pete
external usenet poster
 
Posts: n/a
Default


"Rob S" wrote in message
...
On Mon, 20 Sep 2004 18:43:04 +0100, Parish wrote:

-On the positive side, I did get a letter from their Customer
-Services(!?!) Manager crowing about "unprecented increase in sales" and
-how Acer "still have one of the lowest failure rates in the industry".
-Hmmm, in my experience, they have 100% failure rate.

We deal with Acer a lot, and I have to agree that their CS leaves a lot to

be
desired. Previous letters (real written ones) to the CS director have gone
unanswered, as have dozens of emails.

However my experience with other major manufacturers mainly rhyming with

Smell
are no better.

Does anyone know of a major manufacturer with a decent helpdesk/customer

service
dept where you a) get through to a real person within 5 minutes, b) get

dealt
with reasonably, and c) decent turnaround on warranty repairs?

-Rob



HP ?


  #8  
Old September 21st 04, 08:39 PM
Parish
external usenet poster
 
Posts: n/a
Default

Rob S wrote:
On Mon, 20 Sep 2004 18:43:04 +0100, Parish wrote:

-On the positive side, I did get a letter from their Customer
-Services(!?!) Manager crowing about "unprecented increase in sales" and
-how Acer "still have one of the lowest failure rates in the industry".
-Hmmm, in my experience, they have 100% failure rate.


Hmm, I missed the :^) off the end of that :-)

We deal with Acer a lot, and I have to agree that their CS leaves a lot to be
desired. Previous letters (real written ones) to the CS director have gone
unanswered, as have dozens of emails.


Yep, I wrote a real, written (well, word processed - I've forgotten how
to use a pen and paper ;-) ) letter in reply to the one I received
suggesting that, as they are unable to repair the monitor in a
reasonable timeframe that they should simply swap it out. Needless to
say, no reply, and still no monitor.

However my experience with other major manufacturers mainly rhyming with Smell
are no better.

Does anyone know of a major manufacturer with a decent helpdesk/customer service
dept where you a) get through to a real person within 5 minutes, b) get dealt
with reasonably, and c) decent turnaround on warranty repairs?


Epson, but that was a long time ago so maybe they've slipped?

Parish
  #9  
Old September 22nd 04, 01:05 PM
Rob S
external usenet poster
 
Posts: n/a
Default

On Tue, 21 Sep 2004 13:11:29 +0100, "Pete" wrote:


- Does anyone know of a major manufacturer with a decent helpdesk/customer
-service
- dept where you a) get through to a real person within 5 minutes, b) get
-dealt
- with reasonably, and c) decent turnaround on warranty repairs?
-
- -Rob
-
-
-HP ?
-

Are you postulating, or is this based on experience?

And how come you and Parish are both ?

cheers

-Rob
robatwork at mail dot com
  #10  
Old September 22nd 04, 01:46 PM
Bagpuss in boots
external usenet poster
 
Posts: n/a
Default

On Wed, 22 Sep 2004 13:05:22 +0100, Rob S
wrote:

On Tue, 21 Sep 2004 13:11:29 +0100, "Pete" wrote:


- Does anyone know of a major manufacturer with a decent helpdesk/customer
-service
- dept where you a) get through to a real person within 5 minutes, b) get
-dealt
- with reasonably, and c) decent turnaround on warranty repairs?
-
- -Rob
-
-
-HP ?
-

Are you postulating, or is this based on experience?


There have been lots of complaints about their call center I've been
reading.


And how come you and Parish are both ?


IIRC the berlin news server requries that you have a valid email
address and
has been set up and granted free use by
anyone. I expect some other people use it too, its a pretty common
now.
 




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