Advice on dispute needed

[Enigma]

Hi

I bought the item in the link below from Microwarehouse (A division of DSG) on the 31/7/2009. I paid just under £300 for it and they have taken payment and delivered it.

Thecus N5200 - NAS - 2.5 TB - Serial ATA-300 - HD 500 GB x 5 - RAID 0, 1, 5, 6, 10, JBOD - Gigabit Ethernet (Open Packaging) OS-NAS5200-2500 - Microwarehouse - Buy The Best Deals Online.

In the description it is described as second user and having 5*500GB drives. When it was delivered it did not have any drives in it. I spoke to someone in customer services and briefly explained the problem, they immediately passed me to tech support who said it was a mistake and wanted to issue an RMA to collect and provide a refund which I said no to as I would rather have the drives please. The tech support person was to arrange for someone to call to discuss.

However RMA emails started to arrive and I had a couple of phone calls from people wanting to arrange a courier to collect but again I asked them for my drives.

I have sent several emails asking for someone to discuss this matter but have had no response.

From a legal point of view what are my realistic options? Keep as is and buy some drives myself? Send it back and get a refund? Can I 'force' them to give me the drives or some other compensation?

Thanks
Brendan

[Amethyst]

Re: Advice on dispute needed

The advert clearly states the drives are included, Hard Drive 5 x 500 GB hot-swap Serial ATA-300, and (knowing sod all about these things) they look like they are there in the picture.

There is the possibility that the drives have been sold seperately at a greater profit than including them in with this and rather than be upfront and tell you, pretend its an error and the advertisement was incorrect.

If you want to keep it (I assume the price is good even without the drives) and purchase the drives seperately you could try and negotiate a discount(refund) to the value of the drives (proportionally to the purchase price of the overall unit). Otherwise you are looking at returning the entire unit for a full refund I think.

Someone rather more knowledgeable than I should be along soon anyway Just an idea.


Also this part ''
Product Overview & Description

This product is a clearance item. Such products may have been previously used or opened, have items missing or have damaged packaging.''

is countered by

''Product Features:
1. Item used and in good working condition. 2. Packaging in poor condition. 3. Item Complete 4. Normal Retail Price £375.99!! 5. Original Sales Date 08/08/2008 .''

[Guest]

Re: Advice on dispute needed

You cannot force them to do anything, but a court might should you wish to take it that far.

Take a look at this thread.

Loss of Bargain advice please! - Legal Beagles

You could sue for Loss of Bargain, since you have paid for the goods and they have been delivered, but are incomplete. However, you have to ask yourself if it is worth it, given that you state you paid just less than £300, so only got a 25% discount, or there abouts - would you rather not have new? Not only that, why would you keep what is essentially an empty box?

I would send it back and not deal with them again, the discounted price was not that good and they failed to deliver what they promised.

[Enigma]

Re: Advice on dispute needed

Thanks for the replies so far. To clarify a few things. The price £375 actually relates to an equivalent box with no drives. The one with the 5 drives would normally be about £700 which is way over priced. By my calculations the 5 drives can be purchased for approx £200 if you look around.

[Guest]

Re: Advice on dispute needed

If you issue a claim for Loss of Bargain, or at least indicate that you will should they not send you the drives, you might find that they will fold and send you the drives. However, given that they indicate that the product "should" be £375 without drives anyway, I would think they may successfully claim a pricing mistake, which could vitiate the contract, even though the item has been successfully delivered, see Hartog v Colin & Shields [1939] which is explained here Sold at wrong price???? - Legal Beagles and Legal Beagles

[charitynjw]

Re: Advice on dispute needed

Hi all,

Surely you have redress under Sale & Supply of Goods Regulations 2002.
Goods were not as described.
Your contract is with retailer.
You can insist on repair or replacement (as per original spec, I think)
Best to deal with head office (Hemel Hempstead?, as the shop assistant will never have heard of SSGR, will toe the "party line" (ie try to fob you off), & will probably refuse to speak with you unless you buy extended warranty, Norton, MS Office & half a dozen other peripherals which he/she needs to achieve "target".
Threats of small claims court may suffice, though DSG have a rep of taking it to the wire before giving in!
Hope this helps,

Regards,

cnjw