Lengthy post (Sorry) But what can I do now?

Bought a PC from Microdream
The system I bought was HP Compaq dc5750 SFF Dual-Core AMD 3800+ 2.0GHz 2GB XP Pro Desktop PC Computer
The one arrived (after trying to find which street the delivery company had delivered too) was an HP Compaq dc5700 with Dual-Core-Intel Pentium D 2.8GHz 2GB XP Pro Desktop PC computer.

The Intel is fine apart from the reason I chose the original system was it had a PCI-X16 card slot. The dc5700 doesn’t. So I can’t use HDMI through the telly without buying a new card thats compatible with some random proprietary system intel use (which isn’t available at a reasonable price).

After the delivery debacle last night the delivery company (as they didn’t know what address it was delivered to) told me to open a dispute in PayPal. Which I did.

I got a response from Microdream this morning on PayPal was

“Item was delivered. Don’t open false disputes”

I responded explaining that the dispute was originally opened as non-receipt but I was now disputing the wrong item.

They’re response was you can arrange cheap delivery though the internet.

So I called Paypal who said I am liable for the charges. I know that as per DTI distance selling regulations I’m not as they have broken their part of the contract. But PayPal as usual were absolutely useless and said I am liable for return charges as per their T&C’s. So PayPal are above uk regulations it seems.

So I emailed Microdream.

Dear Sir

Following the PayPal dispute I am prepared to send this item back but as its not the item requested under the DTI’s distance selling regulations paragraph 3.57

3.57
If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances.

So I leave it up to you to arrange collection of the item. And I will be expecting my full refund on collection. If you would like me to return it then I request the full charges to be refunded as well.

I’m disappointed with the response from yourselves regarding this matter. I have bought several computers from you and this is the first time I’ve had a problem. The delivery company told me to open a dispute with Paypal regarding the non-delivery of the item. So there was no false disputes opened as per your comment. I won’t be using the service again.

Thankyou

Their response

Hello,

You as our customer should contact in first instance and report a problem. You decide go hard way and opened unnecessary dispute which have affect on you and us.

Since you decide go true PayPal dispute – please follow PayPal dispute. Full refund will be issued upon return of goods. All Goods returned must be returned in its original packaging.

Best Regards
Dariusz Dubis

MicroDream Limited

Website: http://www.microdream.co.uk
Reg No. 6953055 England

You as our customer should contact in first instance and report a problem. You decide go hard way and opened unnecessary dispute which have affect on you and us.

Id be annoyed with you too. What’s wrong with a dialogue first before going all UN sanctions on them?

Thats what the delivery company advised me to do. Microdream’s first response prompted me to escalate dispute to claim.

Did you phone them to discuss or just send an “I know my rights” email?

Just sent the I know my rights email. Cos after the last couple of days and the way they have delt with me up until then I knew if I called I would have been unpleasant to say the least

You as our customer should contact in first instance and report a problem. You decide go hard way and opened unnecessary dispute which have affect on you and us.

Irrelevant. They cannot legally waive their statutory rights because they don’t like you.

They cannot legally waive their statutory rights because they don’t like you

of course. But if their back’s up because you’ve gone in hard and dry they can be a royal pain in the arse about it to spite you.

I just called them. Spoke to Dariusz who said he doesn’t trust me and he isn’t willing to pay for delivery or arrange collection as I opened a dispute with PayPal first.

Quod erat demonstrandum, I think Watson.

Look at it from their side. For merchants, Paypal is a necessary evil, used because customers want it, but Paypal will refund payments at the drop of a hat.

If someone ordered something from me, received it, then without contacting me launched a claim through Paypal, I’d be thinking “scammer”.

Spoke to Dariusz who said he doesn’t trust me and he isn’t willing to pay for delivery or arrange collection

He’s obviously still bitter about getting kicked of Pop Idol after the dodgy version of the Britney song he did.

He’s obviously still bitter about getting kicked of Pop Idol after the dodgy version of the Britney song he did.

Oh thats made me just spit water on my monitor. I may have to email him a link to this! 🙂 And forget about the delivery charge just to let him enjoy a fantastic joke like that!

next stage contact cc/bank with dispute, adv microdream of need to collect under statutory obligation, give a reasonable time scale if they dont meet it you should get returned funds from your card provider AND get to keep the PC, seems like win/win to me…….

Paid through PayPal balance :(. They won’t refund unless returned

paypal linked to a card by any chance?

Call local trading standards (local to them, not you). Then call credit card company. Then call Darius and tell him that HIS PC is sitting in your house and he might want someone to collect it.

Given you are now past the “talk nicely” stage, I would write a new e-mail stating exactly what has happening along with the relevant regulations and laws. Explain what you want to happen and the time scales you are giving them. Explain trading standard will be informed if you are not happy. Copy in the MD of the company.

Not a nice way of doing it and not subtle, but I suspect you are past that stage anyway.

@OP why didn’t you do what a normal person might do and contact the company explaining that there was an issue in the first instance? Jesus.

paypal linked to a card by any chance?

It is but i didn’t use my bank account. It all came out of PayPal balance.

You should name and shame them on a busy forum for their mistake!

oh…

Exactly McHamish. He’s annoyed me.

If I was the company in question then I’d be slightly annoyed that the OP had gone straight to a Paypal dispute, however I’d also realise he’s been inconvenienced and annoyed by my mistake, and it’s in my interest to ensure he’s kept happy and by making an effort to resolve the problem amicably.

You do seem to have jumped straight to DEFCON 5 – the delivery problem wasn’t their fault it was the couriers (and didn’t you already overreact and blame your neighbours for nicking it?), and instead of querying the change of specification you jumped straight in with a Paypal claim.

Maybe have a beer, get a good night’s sleep, and have a chat with the company in the morning to sort it out sensibly?

paypal sucks arse

OP not living up to his forum name!

You do seem to have jumped straight to DEFCON 5

Which is completely irrelevant. It may not be helpful but it doesn’t absolve the company from trading regulations.

No, it doesn’t, but it could go a long way to explain why the company is suspicious and not bending over backwards to help.

Then call Darius and tell him that HIS PC is sitting in your house and he might want someone to collect it.

And charge him £5 / day storage if he doesn’t collect it in the next week.

“Doesn’t trust you” FFS. They’re in a legally binding contract, they’ve no choice.

This story is hilarious. First blowing up over the totally innocent neighbour “stealing” the PC, and now this!
It’s Victor Meldrew esque.

Bravo.

Of course the company are required to take it back, and Dariusz sounds like a right plum. But the OP has hardly helped himself here.

😆

For now, I’d probably pay for the courier and work on getting that back after you’ve had the main refund

In your first thread on this, umpteen people told you to take it up with the seller, what possessed you not to?

“Doesn’t trust you” FFS. They’re in a legally binding contract, they’ve no choice.

Have they ever said that they won’t refund when they get the computer back? That’s what they’re required to do in law.

What he’s started is a process to get the money back before they’ve got the goods. That’s exactly the trick scammers pull.

WEll I know where i WONT be getting my next PC from. Regardless of how its been handles, Darius telling a customer he doesn’t trust them is pretty much end game for client relations.