All
Sorry if this is the wrong group but my ISP doesn't appear to hold a more relavent group, and I am really sorry for the length of the post but the saga is long and I would appreciate some advice or at least a truthful answer as to where I stand.
In July I purchased some computer parts for some friends and I paid using my debit card. The good turned up and I fitted them only to find the motherboard to be faulty. I went to the companies website to apply for an RMA only to be shown a check box (it had to be checked to allow the page through) which stated, "I agree that £3.70 is the maximum I will be refunded for return postage costs)". I didn't check it but sent an e-mail in asking for an RMA as I think their statement is breaking some law.
I sent the goods back and by the time they had been tested I flew out of the country for a 2-week holiday in Thailand. When I returned the goods hadn't been re-delivered but the company were holding them because I had forgotten to pack a small insignificant part (which could easily have been replaced from the new consignment). I phoned and within 3 days the goods were being shipped out. I also didn't receive a penny back for my return postage costs, let alone the £3.70 maximum.
I received the 2nd lot of goods around 28th August and again I fitted them only to find the 2nd motherboard to be dead. I applied for an RMA and went to my friends to let them know what was happening to their PC. They were pretty fed up and said that they would prefer to buy a new PC. I then e-mailed the company from their website saying that I wanted a refund and not a replacement because of the 2 faulty motherboards. After
7 days I had had no response so I sent a 2nd e-mail, again from their website. A further 8 days went by and no response so I sent a 3rd e-mail saying that if I hadn't heard anything within 14 days I would apply to the small claims court to get my money back.I spoke to the friends who had originally wanted their old PC upgraded and was told that I would have more luck in doing a charge back via my bank so I rang my bank and explained the 2 deliveries of faulty parts and no response from the company. The girl on the phone took down the details and started the charge back process.
On October 29th I had £118.31 put into my account and two days later a letter arrived saying that the company had 45 days to respond to the charge back. I phoned the bank to make sure that the company couldn't just take the money back without authorisation. Another girl said she didn't know but would find out and phone back. I didn't get a phone call :-(
After 2 or 3 more calls to the bank it turns out that the first person I spoke to at the bank wrote it down wrong and the charge back was made because of 'Goods not received', which is something I have never said, and all the company who supplied the goods has to say is that they were and the money would be returned.
The day after the money was paid into my account the company phoned me to see why I hadn't returned the goods against the RMA from around 28th August. I told the man the story of them being faulty and me being ignored. He said that I should ship the goods back but I said that I wouldn't because I hadn't had a single penny from my 1st return postage costs (£6.10). He said he would organise for DHL to collect them from me.
UPS turned up to collect the goods and so I am now left with no goods and the possibility of losing my £118.31 because of an error on the part of the bank. I said to a man at the bank that I should be able to have a refund under the SOGA (faulty goods ...twice) but he told me that the SOGA doesn't apply because I used my debit card (section 45??). Is that true? He also said that I wouldn't be out of pocket because as it was a bank error in recording the charge back as 'Goods not received' the Bank would refund me even if the company didn't, but because all of the conversations were on the phone I have no proof of any of it.
Any advice here would be appreciated, and once again sorry for the essay.
Neil