Re: Damaged printer saga - I need some advice please (long)


"Graham" <thedoctor@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:gemini.isilyj002a6qb00xw.thedoctor@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
> Hi,
>
> I need some advice from you knowledgable people here on how to proceed
> with
> a problem auction.
>
> I bought and paid for a HP 970Cxi Printer from a seller on ebay on 14th
> November. link below:
> http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=6820688599
>
> To begin with I paid an extra £1 for the 24 hour delivery but the printer
> wasn't send for a few days after. Not the end of the world and I wouldn't
> have mentioned it were it not for what follows.
>
> When the printer arrived, there was ink all over it. All over the front
> where the paper in and out trays are, ink has leaked out the top of the
> machine where the buttons are and out of the back of the Duplex unit.
> I can only imagine what the insides of the machine are like.
> I didn't fully unwrap it for fear of having ink spill everywhere.
>
> I (politely) emailed the seller the same day (21-11-05)
> Email quoted below:
>
>>Hi,
>>
>>Thanks for the update.
>>The printer arrived today (21-11-05).
>>
>>Unfortunately, the printer has been ruined by ink leakage.
>>There is ink everywhere.
>>It is all over the bottom of the machine, leaked out of the back (where
>>the
>>duplex unit attaches) and front and even out of some of the buttons at the
>>top.
>>I didn't unwrap the printer from the bubble-wrap due to the amount of ink
>>sloshing around.
>>
>>How would you like to proceed on this?
>>Cheers!
>
> I received no reply to this until I resent it on the 26-11-05 when he
> replyed saying he would check his stock on Monday and send out another one
> and would deal with any claims from the couriers etc...
>
> I heard nothing and received nothing.
> On 5 December I send another email asking for an update on what was
> happening about it.
> The reply I received is quoted below along with my reply to it:
>
> [message begins]
>
>> Hi Graham, I am awaiting city link to update their contatc records for
>> me,
>> as last week, we have sucessfully moved to new premises. I would like to
>> think that the printer will be out to you as early as tomorrow, but at
>> latest wednesday.
>>
> Ok, thats fine.
> What do you want done with the old one?
>
>> I am sorry for the delay, I shall keep you informed throughout
>> replacement
>> status.
>>
> No problem.
> Cheers!
>
> [message ends]
>
> I received no reply to this and have heard nothing since.
> Since this was to be a Chrismas present it is a bit redundant now


I gather you are a consumer, i.e. you bought it for personal use & not in
connection with a business. As the seller is in business he/they are in
breach of both The Sale of goods Act & the distance Selling Regulations.

> (I've obtained another printer from someone else)


That is not a problem. You were at liberty to obtain one elsewhere.
>
> I was going to send an email asking for a full refund but I thought I'd
> better post here and ask advice on what I ought to do first.
>
> I'd like a full refund of all my money £29.36 + £9.99 postage = £39.35
> Am I entitled to this?


Yes.


>
> Also, if he wants the old printer returned to him (although cleaning it
> would be a nightmare) that would cost more money in postage. Who should
> pay
> that? (Personally I don't see why I should pay it, but I don't really know
> how these things are done).


The seller is responsible for the collection & costs of returning the
printer if they want it back. There is no reason why you should clean it up
prior to return (in fact you sjouldn't), as it should be returned in the
same condition in which it was received.


> If he refuses, is there anything else I can do? I paid via PayPal.

I don't think Paypal will be much help to you.

Five weeks is more tgan ample time for them to have sorted this out, even
allowing for the Bank Holidays.
If you're feeling charitable you could email him/them once more, state that
you're rejecting the printer as it was damaged in transit & you look forward
to receiving a full refund within 7 days or you will consider taking legal
action.

If you don't feel quite so charitable or if you don't get a response, write
by Rec. Delivery letter to the new showroom address (copy to the original
address) & again request a full refund within 7 days or you will commence an
action in the County Court for recovery of the full amount together with
costs, without further notice.
Keep copies of all correspondence.


> Fortunately he leave me postive feedback the day I bought the printer, so
> I
> can still leave him a negative but ultimately I'd prefer my money back.


I think a neg. would be well deserved but you have up to 90 days to consider
what (if any) feedback to leave.

> Phew!
>
> Any thoughts on this please?
> Cheers!

Joe Lee

> Graham


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