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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we could probably muster up quite a bit of support
Joe
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
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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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
cheers,
Andy
2009/6/18 Matt Turner, PitchPerfect <ma...@pitchperfectuk.com>
(they turned me into a newt...)
Mat
I'd be up for emailing them - post the address - I'm in a gripey mood today :D
w://
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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
+1
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?
--- 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:
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Cheers,
w://
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?
-----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?
hehehheeeeeee
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Cheers,
w://
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
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
------------------------------------------------------------------------------------
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
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?
?
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://
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>
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?
>
> --
>
> BNM Subscribe/Unsubscribe:
> http://www.brightonnewmedia.org/options/bnmlist
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www.sensibledevelopment.com - online auction development that looks
good and works in real time.
www.alannewman.com - find out what I am thinking
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linked in: www.linkedin.com/in/anewman
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mobile: +44 (0)7711 006551
-----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?
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.
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
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.
--
Cheers,
w://
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
--
David Pashley
da...@davidpashley.com
Nihil curo de ista tua stulta superstitione.
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.
> 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
* 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!
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.
--
G2 Support
Network Support : Online Backups : Server Management
Web: www.g2support.com
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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?
> 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. :)
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
What exactly did I say that was libelous? If I were told x-y-z by
someone and believe it to be true?
--
Cheers,
w://
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.
--
Cheers,
w://
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
2009/6/18 Harry <har...@gmail.com>:
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.
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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
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complaining for refund; WeComplain4U does exactly what it says it will do!*
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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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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
Wolfie !
Joe
haha
--
Cheers,
w://
:)
Proves it's always worth making a fuss
J
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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;-)
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Cheers,
w://
Buy a PC.
*takes cover*
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They.Create Ltd
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T +44 (0) 1273 248 742 | M +44 (0) 7723 335 376
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Can we burn Wayne?
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Cheers,
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Now that we've ironed out the details, shall we wait for the Lewes
fireworks or do it at The Farm next week?
2009/6/18 Gillian Pearce <gjpc...@gmail.com>