[BNM] Just been missold a macbook instead of macbook pro by solutions inc. Any advice?

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Harry

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Jun 18, 2009, 7:46:14 AM6/18/09
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Hi BNMers,
Can anyone give me some advice on how to deal with a difficult situation?

Last night I walked into Solutions inc in Brighton and bought a Macbook Pro.
Or so I thought.

Having got the laptop home and started it up, I realized I'd been given a
old model. I can understand how they made the mistake as it looks almost
identical, is priced almost identically, and has almost identical packaging.
The receipt shows that I bought the old model - but still, it was the
store's fault, as I clearly asked for the newer Pro model. So I went
straight back in there this morning and asked to swap it for the newer model
and pay the small excess (the old one was £850 and the new one is £900).

Sounds reasonable? They wouldn't take it back. They are saying they don't
legally have to take it back as I have opened the box, but in this case they
will charge me a restocking fee (£50), plus the excess (approx £50) to give
me the newer Macbook Pro. (Note: they aren't offering me a refund, period).

They are also being really unpleasant, saying that if I take them to court
they will win because "They've never lost a case at small claims court". The
manager, Daniel, wouldn't even give me his surname. He also refused to give
me the firstname or surname of the sales assistant who sold me the laptop (I
suspect it may have been the sales assistant's first day or something
because he was having trouble with the till and didn't know much about the
stock).

So, my question is what do I do now? Do I take it back and pay the
restocking fee (etc)? Or do I hang onto a computer that I don't want, and go
through the tiresome process of taking them to small claims court?

This is really frustrating - any advice would be deeply appreciated!

Harry
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Wayne Douglas

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Jun 18, 2009, 7:47:48 AM6/18/09
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Someone said it here befoire - Solutions inc create problems.

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Cheers,

w://

Joe Aliferis

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Jun 18, 2009, 7:50:52 AM6/18/09
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how about you tell them you won't bother taking them to court but you
will start a movement to boycott their store in local on-line groups

we could probably muster up quite a bit of support

Joe

Joe Aliferis

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Jun 18, 2009, 7:51:54 AM6/18/09
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Chris Billett

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Jun 18, 2009, 7:52:00 AM6/18/09
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Wowzers. I suppose it's a good thing there's a real Apple Store
opening up here imminently then. Maybe you can get someone in Apple to
put the squeeze on them? Wouldn't say it's particularly likely to
happen, though.

Other than that, did you pay on credit card? If I paid on Amex, I'd
just ask them to take the money back. Some other cards have guarantee
periods too, I guess.

CB

Jon Webb

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Jun 18, 2009, 7:53:35 AM6/18/09
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Do something productive like talk to:

Office of Fair Trading, and Citizens advice.

You should, regardless of what the retailer says, be able to take it back.

Don't threaten court action as it only gets people's backs up.

2009/6/18 Wayne Douglas <wa...@codingvista.com>

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Matt Turner, PitchPerfect

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Jun 18, 2009, 7:54:47 AM6/18/09
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Sounds very unreasonable.

How about everyone on the list emailing them - if you think that would help.

May make them think twice about lost future business...though not sure if it
is allowed for the BNM list to be used in this way?

Matt

Michael Dennis - Fanchants.com

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Jun 18, 2009, 7:55:50 AM6/18/09
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threaten to start a facebook group against them, beginning with an
invitation to the various media lists you belong to, to join...
slash their tyres.
Michael

andrew...@gmail.com

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Jun 18, 2009, 7:56:49 AM6/18/09
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Harry - Did you pay by credit card?


cheers,
Andy

2009/6/18 Matt Turner, PitchPerfect <ma...@pitchperfectuk.com>

Chris Billett

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Jun 18, 2009, 7:57:14 AM6/18/09
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Buuuuuuuuuuurn them!

(they turned me into a newt...)

Mat Walker

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Jun 18, 2009, 7:58:13 AM6/18/09
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Oh man, I can rant for Britain about Solutions Inc! Further to our
conversation on Twitter it might also be worth firing off an email to
John Parvin who is the MD - I'd hazard a guess that his email is
john....@solutions-inc.co.uk

Mat

Wayne Douglas

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Jun 18, 2009, 7:59:04 AM6/18/09
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I'm not sure about instore purchases but I know that products bought
over the web have a cooling down period by default don't they?

I'd be up for emailing them - post the address - I'm in a gripey mood today :D

w://

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Cheers,

w://

Harry

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Jun 18, 2009, 8:00:06 AM6/18/09
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yes I paid by credit card. In store.

iestyn lloyd

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Jun 18, 2009, 8:00:02 AM6/18/09
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On Thu, Jun 18, 2009 at 12:59 PM, Wayne Douglas <wa...@codingvista.com>wrote:

> I'm not sure about instore purchases but I know that products bought
> over the web have a cooling down period by default don't they?
>
> I'd be up for emailing them - post the address - I'm in a gripey mood today
> :D


+1

Ali

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Jun 18, 2009, 8:00:16 AM6/18/09
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Hi

Sale of Goods Act says the goods must be as described.

If they described the goods as MacBook Pro then you can get a full refund
(which is what I would do now rather than trade up and continue to give them
your business)

You need to be able to prove their description though - this is your word
against theirs unless you have witnesses.

Ali

----- Original Message -----
From: "Harry" <har...@gmail.com>
To: "Brighton New Media" <bnm...@brightonnewmedia.org>
Sent: Thursday, June 18, 2009 12:46 PM
Subject: [BNM] Just been missold a macbook instead of macbook pro
bysolutions inc. Any advice?

Robert Stevens

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Jun 18, 2009, 8:02:29 AM6/18/09
to Brighton New Media
I think legally you have 14 days to return the item for a refund with Solutions under their "Returning Unwanted Goods" policy. Have a look at the receipt they gave you. So long as the item is returned 'as unopened' and 'as unused'. Could you safely repackage it all to appear to be 'as' unopened and used? 
Good luckRob

--- On Thu, 18/6/09, Wayne Douglas <wa...@codingvista.com> wrote:

From: Wayne Douglas <wa...@codingvista.com>
Subject: Re: [BNM] Just been missold a macbook instead of macbook pro by solutions inc. Any advice?
To: "Brighton New Media" <bnm...@brightonnewmedia.org>

Date: Thursday, 18 June, 2009, 12:47 PM

Someone said it here befoire - Solutions inc create problems.

On Thu, Jun 18, 2009 at 12:46 PM, Harry<har...@gmail.com> wrote:

--
Cheers,

w://

Harry

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Jun 18, 2009, 8:02:59 AM6/18/09
to Brighton New Media
They are on twitter: @solutions_incMatt suggests the MD's email address is
probably john....@solutions-inc.co.uk
There's also info@*solutions*-*inc*.*co*.*uk*

I still dont know whether to take it back and pay the restocking fee in the
morning and *then* pursue this thing, or to hang onto the device. Any advice
on that?

Harry

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Jun 18, 2009, 8:04:54 AM6/18/09
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The problem is that I've unboxed it (very lovingly I might add) and
installed the OS. So there's no denying that it's been opened.

Hazlitt Eastman

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Jun 18, 2009, 8:05:00 AM6/18/09
to Brighton New Media
There's also aidan...@solutions-inc.co.uk who I believe is the
co-founder and an owner.


-----Original Message-----
From: bnmlist...@brightonnewmedia.org
[mailto:bnmlist...@brightonnewmedia.org] On Behalf Of Harry

Sent: 18 June 2009 13:03
To: Brighton New Media
Subject: Re: [BNM] Just been missold a macbook instead of macbook pro
bysolutions inc. Any advice?

Wayne Douglas

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Jun 18, 2009, 8:04:43 AM6/18/09
to Brighton New Media
don't mask the email so they don't get spammed dude!!!

in...@solutions-inc.co.uk

hehehheeeeeee

--
Cheers,

w://

Rob Beattie

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Jun 18, 2009, 8:05:20 AM6/18/09
to Brighton New Media
Harry wrote:
> Hi BNMers,
> Can anyone give me some advice on how to deal with a difficult situation?
Under the sale of goods act, this is your
second statutory right

It is what you expected?

Secondly, if you have bought something on the
basis of the seller’s description or a
sample, you should expect the item to conform
exactly to that description or sample. If it
does not, you have the right to reject the
goods, demand a full refund and possibly
claim damages. This is still the case even
where you have selected or examined the items
for yourself before buying them.

http://whatconsumer.co.uk/what-are-my-statutory-rights/

rob

James Cline

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Jun 18, 2009, 8:06:03 AM6/18/09
to Brighton New Media
It is very short sighted of them .

I was thinking of buying some stuff off them this weekend. Fat chance now.
One happy customer tells 2 - 3 people . One pissed off customer tells
everyone they can.

James

Mat Walker

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Jun 18, 2009, 8:08:35 AM6/18/09
to Brighton New Media
On 18/6/09 13:06, James Cline wrote:
> It is very short sighted of them .
>
> I was thinking of buying some stuff off them this weekend. Fat chance now.
> One happy customer tells 2 - 3 people . One pissed off customer tells
> everyone they can.
>
> James
>
Cancom (Queens Road) on the other hand are very pleasant local Apple
resellers.

Wayne Douglas

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Jun 18, 2009, 8:09:00 AM6/18/09
to Brighton New Media
Here's what i got so far - what else should I say? Maybe we should all
send the same one?:

------------------------------------------------------------------------------------

Word is you guys miss-sell Macs and then cause a relations disaster
when requested to fix the miss-sell. I won't be using your services
based on your extremely poor customer service and short sightedness -
nor will anyone I know.

-------------------------------------------------------------------------------------

not much admitedly - I may have tired myself out on the MPs blast earlier!

--
Cheers,

w://

Joe Aliferis

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Jun 18, 2009, 8:11:18 AM6/18/09
to Brighton New Media
perhaps it should imply an opportunity to put things right may result in
a restoration of confidence

joe

Tim Sewell

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Jun 18, 2009, 8:11:46 AM6/18/09
to Brighton New Media
Here's what I just sent to the John Parvin address:

Dear John

I don't know if you're aware of it but there is a lengthy thread growing on
the Brighton New Media mailing list about your shop's refusal to swap (with
excess paid) an old model MBP which the purchaser bought thinking it to be
the latest.

I am a PC user myself, but as a web developer I will no doubt at some point
need to purchase a Mac. I must say that hearing these kinds of reports make
it unlikely I will be buying it from Solutions Inc. I would have thought
that with competition on its way in the form of an Apple Store you would be
doing your best to retain the customers who have helped you to build your
business so well over the years. Please can you look into the matter and let
me (and the list) know what you intend to do to rectify it?


Yours sincerely

Tim Sewell
Editor
www.acceleratingchange.org
T.: +44 (0)1273 270774
M.: +44 (0)7874 177606

I'll let you know if he replies.

Tim

-----Original Message-----
From: bnmlist...@brightonnewmedia.org
[mailto:bnmlist...@brightonnewmedia.org] On Behalf Of Wayne Douglas
Sent: 18 June 2009 13:09
To: Brighton New Media

Subject: Re: [BNM] Just been missold a macbook instead of macbook pro by
solutions inc. Any advice?

Harry

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Jun 18, 2009, 8:13:27 AM6/18/09
to Brighton New Media
Thanks everyone for your support! Much appreciated!

Wayne Douglas

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Jun 18, 2009, 8:16:13 AM6/18/09
to Brighton New Media
Word is you guys miss-sell Macs and then cause a relations disaster
when requested to fix the miss-sell. I won't be using your services
based on your extremely poor customer service and short sightedness -
nor will anyone I know. Of course - should I find that the error has been
corrected in a timely and courteous manner then I'm sure my friends and I
will be happy to continue to support a local and independent business.

?

maybe we should wait to see what happens when he's gone back down?
then send this, then get des to take more abrupt action.

--
Cheers,

w://

andrew...@gmail.com

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Jun 18, 2009, 8:20:40 AM6/18/09
to Brighton New Media
Harry,

As you paid by credit card, the dispute is between the credit card provider
and the retailer.

Suggest you phone the credit card company who will take it forward - you
just need to provide evidence to the credit card provider. End of!

cheers,
Andy


2009/6/18 Harry <har...@gmail.com>

Alan Newman

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Jun 18, 2009, 8:23:24 AM6/18/09
to Brighton New Media
Hi,

I am wondering whether the confusion lies in the recent rebadge of the
13" macbook to now be a macbook pro?

- Alan

On 18 Jun 2009, at 12:46, Harry wrote:

> Hi BNMers,
> Can anyone give me some advice on how to deal with a difficult
> situation?
>

> --
>
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Mike Pelton

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Jun 18, 2009, 8:48:41 AM6/18/09
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I think you can return goods bought on a credit card on a whim (i.e. for
any reason you like) within 14 days, but I'm no lawyer and that might be to
do with Distance Selling. Anyone speaka da legalese?

-----Original Message-----
From: bnmlist...@brightonnewmedia.org
[mailto:bnmlist...@brightonnewmedia.org] On Behalf Of Harry
Sent: 18 June 2009 13:00
To: Brighton New Media
Subject: Re: [BNM] Just been missold a macbook instead of macbook pro
bysolutions inc. Any advice?

David Pashley

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Jun 18, 2009, 8:49:54 AM6/18/09
to Brighton New Media
On Jun 18, 2009 at 12:56, Andrew...@gmail.com praised the llamas by saying:

> Harry - Did you pay by credit card?
>
The protection under the Consumer Credit Act will not necessarily help
you. All it does is make the credit card company jointly liable. If you
have no legal comeback, they will not help you.

Unlike online purchases, which are covered by the Distance Selling
Regulations, you do not have a legal right to return unwanted goods.

I believe your only recourse is under the Sales Of Goods Act 1979, which
states that goods must be as described and fit for purpose. For this to
have any bearing, you would have had to say explicitly that you wanted a
Macbook Pro, and you must have been led to believe that this is what you
were getting. If at any point they said it was a Macbook, you will not
stand much chance. You also have the problem that it's pretty much your
word against them.

As other people have mentioned, I would visit the CAB and get their
advice. It's a hell of a lot safer than asking wannabe laywers on the
internet.

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

David Pashley

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Jun 18, 2009, 8:56:31 AM6/18/09
to Brighton New Media
On Jun 18, 2009 at 13:09, Wayne Douglas praised the llamas by saying:

> Here's what i got so far - what else should I say? Maybe we should all
> send the same one?:
>
> ------------------------------------------------------------------------------------
>
> Word is you guys miss-sell Macs and then cause a relations disaster
> when requested to fix the miss-sell. I won't be using your services
> based on your extremely poor customer service and short sightedness -
> nor will anyone I know.
>
> -------------------------------------------------------------------------------------
>
I'd suggest that letters of protest are more powerful when they are not
full of spelling mistakes. The inclusion of the assertion that no one
you know will use their services makes you sound like a crackpot and
your email will be ignored. Your letter will be more likely to be read
if you include details of concrete examples of their poor customer
relations and the sales they have since lost. Finally, multiple copies
of the same email will just be ignored, defeating the entire point of
your message.

I have to say that any third party contact is likely to do more harm to
the OP's situation than good.


>
> not much admitedly - I may have tired myself out on the MPs blast earlier!
>
>

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

David Pashley

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Jun 18, 2009, 8:57:32 AM6/18/09
to Brighton New Media
On Jun 18, 2009 at 13:20, Andrew...@gmail.com praised the llamas by saying:

> Harry,
>
> As you paid by credit card, the dispute is between the credit card provider
> and the retailer.
>
> Suggest you phone the credit card company who will take it forward - you
> just need to provide evidence to the credit card provider. End of!
>
Sorry, no, this is not the case.

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

Wayne Douglas

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Jun 18, 2009, 8:59:51 AM6/18/09
to Brighton New Media
I think it was more entertainment to get me thorugh my morning than
trying to be the next LA Law. :)

--
Cheers,

w://

Chris Billett

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Jun 18, 2009, 9:01:49 AM6/18/09
to Brighton New Media

On 18 Jun 2009, at 13:56, David Pashley wrote:
>
> I have to say that any third party contact is likely to do more harm
> to
> the OP's situation than good.

Why would it do harm? Can't hurt to be aware that your shitty
treatment of customers is losing you other customers (and it is - I
won't be shopping there any time soon). What would be better. Yelling
at them in Latin?

"Catapultam habeo. Nisi pecuniam omnem mihi dabris, ad caput tuum
saxum immane mittam"?

As for spelling... being able to hammer out good prose isn't a
prerequisite for buying a Mac, so they'd be foolish to discard the
views of people just because they aren't the offspring of Charles
Dickens and Doris Lessing.

CB

Ian Betteridge

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Jun 18, 2009, 9:14:00 AM6/18/09
to Brighton New Media
Just to clarify a couple of points people have made in this thread:
your credit card company probably won't be much help. Although the
Consumer Credit Act makes them "jointly and separately liable" for
replacing defective goods, that isn't the case here. They might help,
but they probably aren't under any obligation to do so.

Neither is there any legal cooling off period for anything bought in
person in a shop. The Distance Selling Regulations give you a "grace"
period when you buy via mail order (or online), but not face-to-face.

But you're clearly in the right legally, and it's the Sale of Goods
Act you want to cite. As others have pointed out, the goods must be
"as described", and this includes the verbal description which the
assistant gave you. You stated what you wanted, but where unknowingly
sold something else - and its their responsibility to ensure you get
the goods you ask for, not yours to make sure they're as-described.

That you've opened the box makes no difference - you contacted them
promptly as soon as you realised their error, which is in your favour.
They can't charge a restocking fee, either.

The reason why they're being sticky is that Apple will probably not
accept it as a return once the box has been opened (which they can do,
legally, with a dealer), and Solutions' chances of being able to sell
the returned MacBook are pretty minimal. So I can understand why they
don't want to refund you, but it's not your problem and you should
persist.

Talk to Solutions again, and put down what happened in writing to them
- an email is fine, but you just need to make sure you document as
much as possible. If they continue to refuse to refund you the money
(insist on a refund, not a replacement), then call Brighton and Hove
Trading Standards on 01273 292523. Trading Standards can intervene on
your behalf - usually a phone call or letter from them is enough to
get a dispute solved before you need to go to court.

One final thing: if you do end up thinking about court, the law now
requires you to at least consider Alternative Dispute Resolution (ADR)
schemes first (you can end up paying both sides' costs even if you win
if you don't). If you've approached Trading Standards and/or the CAB
before diving into small claims court, it will show you have attempted
to settle the dispute reasonably - and if Solutions were to refuse to
enter into the ADR, they could end up paying *your* costs even if you
lost. So it's worth exploring every avenue prior to court if you can.

David Pashley

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Jun 18, 2009, 9:15:43 AM6/18/09
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On Jun 18, 2009 at 13:48, Mike Pelton praised the llamas by saying:

> I think you can return goods bought on a credit card on a whim (i.e. for
> any reason you like) within 14 days, but I'm no lawyer and that might be to
> do with Distance Selling. Anyone speaka da legalese?
>
You have no right to return anything just because you want to, even
under the Consumer Credit Act 1974. You may have a right under the
Consumer Protection (Distance Selling) Regulations 2000, but that only
applies to items bought where you used a means of distance communitions,
i.e. internet, telephone or mail order.

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

David Pashley

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Jun 18, 2009, 9:18:10 AM6/18/09
to Brighton New Media
On Jun 18, 2009 at 14:01, Chris Billett praised the llamas by saying:

>
> On 18 Jun 2009, at 13:56, David Pashley wrote:
> >
> > I have to say that any third party contact is likely to do more harm
> > to
> > the OP's situation than good.
>
> Why would it do harm? Can't hurt to be aware that your shitty
> treatment of customers is losing you other customers (and it is - I
> won't be shopping there any time soon). What would be better. Yelling
> at them in Latin?

Because all you're doing is pissing off the retailer, which will not
help anyone.


>
> "Catapultam habeo. Nisi pecuniam omnem mihi dabris, ad caput tuum
> saxum immane mittam"?
>
> As for spelling... being able to hammer out good prose isn't a
> prerequisite for buying a Mac, so they'd be foolish to discard the
> views of people just because they aren't the offspring of Charles
> Dickens and Doris Lessing.

Good complaints require polite, civil, effective communications. Bad
grammar and spelling will not help you.

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

Chris Billett

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Jun 18, 2009, 9:23:35 AM6/18/09
to Brighton New Media

On 18 Jun 2009, at 14:18, David Pashley wrote:

> Because all you're doing is pissing off the retailer, which will not
> help anyone.

No, you're letting them know that their stupid acts are alienating
customers (they *are*, I suggest you read the thread) and, while you
might not make someone's day, someone up the line (who stands to make
the most money off sales volumes, probably, rather than a salaried
staff member) will be very interested to hear about it.

> Good complaints require polite, civil, effective communications. Bad
> grammar and spelling will not help you.

It wasn't that bad, and it got the point across. Perhaps if we were
still living in ye olde England you could suggest that all the
peasants with their grubby hands and bad spelling can go piss up a
tree, but I'd suggest anyone who knows anything about retail would be
smart to listen a little more to any complaint. Still, I'm not an
expert on retail, so I suggest that you don't listen to anything I
have to say on the subject. ;)

CB

Harry

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Jun 18, 2009, 9:41:02 AM6/18/09
to Brighton New Media
OK I've spoken to trading standards (0845 4040506). They have told me to do
the following:
Write a letter and send it recorded delivery to the shop. In it, state:

* mention I have spoken to Trading Standards and they told me to send this
letter.
* Explain that there was a problem of Verbal misrepresentation
* laptop was not as described
* set a deadline for 7-14 days
* Ask for a replacement for the correct goods, or a refund.
* mention they are simply not allowed to charge a restocking fee
* if they don't accept the conditions then I can
* send a copy of the letter to the credit card company
* The credit card company is equally liable under section 75 of the consumer
credit act 1974.
* the credit card company will then pick up on the legal side of things.

They also told me to rebox the laptop and not use it until this is
resolved.

All for just £50. Annoying.

Thanks everyone for your advice and support!

David Pashley

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Jun 18, 2009, 9:41:02 AM6/18/09
to Brighton New Media
On Jun 18, 2009 at 14:23, Chris Billett praised the llamas by saying:

>
> On 18 Jun 2009, at 14:18, David Pashley wrote:
>
> > Because all you're doing is pissing off the retailer, which will not
> > help anyone.
>
> No, you're letting them know that their stupid acts are alienating
> customers (they *are*, I suggest you read the thread) and, while you
> might not make someone's day, someone up the line (who stands to make
> the most money off sales volumes, probably, rather than a salaried
> staff member) will be very interested to hear about it.
>
> > Good complaints require polite, civil, effective communications. Bad
> > grammar and spelling will not help you.
>
> It wasn't that bad, and it got the point across.

I'd say Wayne was in very real danger of opening himself up to a
defamation suit with his email. Given that he has no idea if Harry
didn't fuck up and didn't pay attention when he was told he was buying a
Macbook and therefore have no legal recourse, the accusations could
consitute libel.

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

Oliver Marshall

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Jun 18, 2009, 9:43:18 AM6/18/09
to Brighton New Media
Good Luck Harry. Hope you get it sorted.

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-----Original Message-----
From: bnmlist...@brightonnewmedia.org [mailto:bnmlist...@brightonnewmedia.org] On Behalf Of Harry
Sent: 18 June 2009 14:41
To: Brighton New Media

Subject: Re: [BNM] Just been missold a macbook instead of macbook pro by solutions inc. Any advice?

Chris Billett

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Jun 18, 2009, 9:45:06 AM6/18/09
to Brighton New Media

On 18 Jun 2009, at 14:41, David Pashley wrote:

> I'd say Wayne was in very real danger of opening himself up to a
> defamation suit with his email. Given that he has no idea if Harry
> didn't fuck up and didn't pay attention when he was told he was
> buying a
> Macbook and therefore have no legal recourse, the accusations could
> consitute libel.

You spelt constitute wrong, so your argument is invalid. :)

David Andrew

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Jun 18, 2009, 9:49:18 AM6/18/09
to Brighton New Media
> I'd say Wayne was in very real danger of opening himself up to a
> defamation suit with his email. Given that he has no idea if Harry
> didn't fuck up and didn't pay attention when he was told he was buying a
> Macbook and therefore have no legal recourse, the accusations could
> consitute libel.

I'd tend to agree. Been there done that, I learnt to a) Get my facts
right, set in stone diamond encrusted and qualified b) if there is
any gray area it costs shed loads of cash to prove your case

Wayne Douglas

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Jun 18, 2009, 9:55:13 AM6/18/09
to Brighton New Media
bored of this conversation now - I can't see Solutions taking me to
court on the grounds of this email train - it's my opinion - they
screwed up - lets see how far they get with proving they have good
customer relations taking me to the cleaners!!!

What exactly did I say that was libelous? If I were told x-y-z by
someone and believe it to be true?

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David Pashley

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Jun 18, 2009, 9:58:26 AM6/18/09
to Brighton New Media
On Jun 18, 2009 at 14:45, Chris Billett praised the llamas by saying:

>
> On 18 Jun 2009, at 14:41, David Pashley wrote:
>
> > I'd say Wayne was in very real danger of opening himself up to a
> > defamation suit with his email. Given that he has no idea if Harry
> > didn't fuck up and didn't pay attention when he was told he was
> > buying a
> > Macbook and therefore have no legal recourse, the accusations could
> > consitute libel.
>
> You spelt constitute wrong, so your argument is invalid. :)

Yes, I did. How sloppy of me. However, you'll notice my email wasn't a
letter of complaint, but was taking part in an internet argument.

--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.

Wayne Douglas

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Jun 18, 2009, 10:00:42 AM6/18/09
to Brighton New Media
oh that's ok then. init

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James Cline

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Jun 18, 2009, 10:02:40 AM6/18/09
to Brighton New Media
I think you should pay the £50 and rest assured that no one on this list
will ever buy another thing from them again.

Ask yourself if all the hassle is worth it

1) you wont have a laptop for a while
2) the stress
3) the time it will take up.
4) insert other annoyances here.

They will have won nothing but the worst local pr disaster. Just look how
the list has reacted.

Consider it £50 for a lesson in life.
The amount they have lost is already the new imac I was going to buy from
them.
It could mount up to tens of thousands once these pages get indexed on
google too.

I suggest adding keywords to posts in order to facilitate this.
I will get the ball rolling.

Solutions inc review
Solutions inc brighton

Harry

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Jun 18, 2009, 10:11:14 AM6/18/09
to Brighton New Media
What's the public URL of this mailing list?
I agree with James - I dont want to be without laptop for that period.
But... trading standards said to put it back in the box if I am going to
pursue my rights and dispute this.

Harry

David Andrew

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Jun 18, 2009, 10:19:25 AM6/18/09
to Brighton New Media
Pay the £100 and learn from it

2009/6/18 Harry <har...@gmail.com>:

Max Williams

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Jun 18, 2009, 10:23:51 AM6/18/09
to Brighton New Media
I wonder if the churchill sq apple store are lurking on this thread. If so
they must be laughing their asses off.

Chris

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Jun 18, 2009, 10:49:36 AM6/18/09
to Brighton New Media
Dear Harry,

My advice to you:

Return to the store and deliver the following script (or words to the same
effect):

"Look, I am going to give you one more opportunity to waive your restocking
fee. If you refuse I will pay it and, immediately after leaving this store,
I will file an N1 Claim Form at the local County Court to recover from you
not only the restocking fee but also the Court Fee (of £30.00) and my
reasonable disbursements. I don't really care what decision you make; either
way I end up not having to pay your restocking fee! But if you decide to
charge me the fee, then you will end up having to pay me over £80.00. Are
you sure you don't want to waive the fee on this occasion?"

Number of times advice given for this issue: 6
Number of times this advice was successful: 6

Please email ga...@wecomplain4u.com to let us know when we can change both of
the numbers above to '7'!

Kind regards,

The WeComplain4U.com Team

*"WeComplain4U.com is the trading name of Stock and Nesbitt Limited, a
company incorporated in England and Wales in 2008 (Reg. No. 6497861).*

*The company was established for the purpose of introducing into the U.K.
marketplace a revolutionary new service: The founding Directors realized
that, while there exist several websites which advise consumers on the best
ways to make complaints for refund, there was no service available which
offered to undertake this, often difficult, task on their behalf.
WeComplain4U.com was launched in March 2009 for the purpose of filling this
gap in the marketplace.*

*Whether you have tried to complain, but failed; promised yourself that you
would make a complaint, but never got round to it; or, simply don’t have the
time to engage in the often frustrating and time-consuming task that is
complaining for refund; WeComplain4U does exactly what it says it will do!*

*Whatever your complaint, delayed trains to faulty goods, our team of
professional complainers are ready to act on your behalf. What is more, if
we don’t manage to get you a refund, then we will not charge you a single
penny!*

*For too long, the large and complex corporations of the Western world have
been allowed to lose sight of the golden rule of business: The customer is
always right!*

*It’s time to bite back!"*

*WeComplain4U—your refund is our mission! *


Boring legal bit: Stock & Nesbitt Limited is NOT a law firm and is not
authorized to advise on legal matters. Before acting on any advice provided,
you *may* wish to consult a legal professional.


On Thu, Jun 18, 2009 at 3:23 PM, Max Williams
<toastkid...@gmail.com>wrote:

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Jay Caines-Gooby

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Jun 18, 2009, 11:18:15 AM6/18/09
to Brighton New Media
2009/6/18 Harry <har...@gmail.com>:

> What's the public URL of this mailing list?
> I agree with James - I dont want to be without laptop for that period.
> But... trading standards said to put it back in the box if I am going to
> pursue my rights and dispute this.

http://groups.google.com/group/brightonnewmedia/


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Harry

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Jun 18, 2009, 11:50:56 AM6/18/09
to Brighton New Media
Thank you everyone for taking such an interest in this.
SUCCESS!

All the noise you've made has caused Solutions inc to change their tune
slightly and waive the restocking fee! Yay!

They are saying the following:

"My name is Leo Manning-Jones and my role at Solutions Inc. is Director of
Product. The term mis-sold cannot be applied to this case, the item in
question is branded ‘Macbook’ both in large clear writing on the side of the
box, as well as it’s specification label. The receipt given also clearly
describes the item as a Macbook, not a Macbook Pro. I would also like to
point out that this model is at a different price point to the Macbook Pro
range. We are always happy to exchange or refund for sealed goods as per
consumer rights, however once a computer has been opened and a user account
created on it it is no longer resale-able as new, our offer of a £50
restocking fee was to cover this loss. As a good will gesture we will offer
a full refund on this occasion and as such have instructed the Brighton shop
manager to action."
http://www.90percentofeverything.com/2009/06/18/help-ive-been-missold-a-old-macbook-by-solutions-inc-any-advice/#comments

Thanks again

Harry

Joe Aliferis

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Jun 18, 2009, 11:54:53 AM6/18/09
to Brighton New Media
Power to us, the geek people !

Wolfie !

Joe

David Andrew

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Jun 18, 2009, 11:56:28 AM6/18/09
to Brighton New Media
Awsome!!

Wayne Douglas

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Jun 18, 2009, 11:57:41 AM6/18/09
to Brighton New Media
woohooo!!

haha

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jeremy norton

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Jun 18, 2009, 11:58:27 AM6/18/09
to Brighton New Media
Well done Harry

:)

Proves it's always worth making a fuss

J

jim cunliffe (on the move) facemediagroup

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Jun 18, 2009, 11:59:12 AM6/18/09
to Brighton New Media
Can you please take a photo of 'daniels' face when you tell him who you are

We wanna see him squirm.


------Original Message------
From: Harry
Sender: bnmlist...@brightonnewmedia.org
To: Brighton New Media
ReplyTo: Brighton New Media
Subject: Re: [BNM] Just been missold a macbook instead of macbook pro bysolutions inc. Any advice?

Thanks again

Harry
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_______________________
sent while on the go...
www.facemediagroup.co.uk
07711 948 990

Joe Aliferis

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Jun 18, 2009, 12:00:56 PM6/18/09
to Brighton New Media
except we now have to help Wayne win his libel case in court !

;-)

David Andrew

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Jun 18, 2009, 12:01:51 PM6/18/09
to j...@facemediagroup.co.uk, Brighton New Media
We could flash mob solutions and ask to speak to Daniel X'D

Wayne Douglas

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Jun 18, 2009, 12:02:39 PM6/18/09
to Brighton New Media
i'm proper screwed.

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Cheers,

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Andy Lambert

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Jun 18, 2009, 12:04:34 PM6/18/09
to Brighton New Media
And the moral of the story?

Buy a PC.

*takes cover*

--
---------------------------------------------------------------------------------------

Andy Lambert
They.Create Ltd

100 North Road, Brighton, BN1 1YE
T +44 (0) 1273 248 742 | M +44 (0) 7723 335 376
an...@theycreate.co.uk | http://www.theycreate.co.uk

---------------------------------------------------------------------------------------


They.Create have just launched the website for Media Buying
Agency - Meerkat Works.

http://www.meerkatworks.co.uk


Registered Office: First Floor, Redington Court, 69 Church Road, Hove, East Sussex, BN3 2BB
Registered in England and Wales 5969226, VAT Number: 897 2419 75

Chris Billett

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Jun 18, 2009, 12:06:38 PM6/18/09
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Do we still get to have a fire?

Can we burn Wayne?

Wayne Douglas

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Jun 18, 2009, 12:09:05 PM6/18/09
to Brighton New Media
that's a bit dark init?!

--
Cheers,

w://

Chris Billett

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Jun 18, 2009, 12:47:59 PM6/18/09
to Brighton New Media
I suggest we fill you with Old Rosie cider first so that 1. you don't
feel anything and die with a [vacant] smile on your face and 2. you go
up like Nagasaki.

Now that we've ironed out the details, shall we wait for the Lewes
fireworks or do it at The Farm next week?

Gillian Pearce

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Jun 18, 2009, 1:38:45 PM6/18/09
to Brighton New Media
Hoorah, hoorah! That's made my day and I was already having a great one
anyway :-)
Gillian

Tarun Hari

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Jun 19, 2009, 4:11:30 AM6/19/09
to Brighton New Media
hah, awesome thread. I never had a problem with these guys though, I thought
they were supposed to be awesome or something. I took in my unibody 17MBP to
show them as I got mine before they had even got a chance to see the new
model and they seemed like nice guys. I guess not, regardless I would never
buy from a reseller anyway. Might as well go direct to apple innit. Cleaner.

2009/6/18 Gillian Pearce <gjpc...@gmail.com>

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