Small claims court involved
14th December 2003
I ordered enough components to make a computer including an Abit AN7, TwinMOS 2x512MB PC3200 dual channel kit. When I ordered it online everything was showing in stock and I paid for next day delivery.
15th – 17th December 2003
No order confirmation on the 15th and on phoning was told the power supply was out of stock but was coming in tomorrow. 16th no power supply yet, told tomorrow again. By the 17th it was still not in stock but they had already debited my Visa card so I paid an extra £26 for next model up.
18th December 2003
Everything arrives and is all new and sealed. When I connected all the components together and installed Windows XP the system would crash with various blue screen errors that all indicated a problem with the memory. The memory is sold to run at 200MHz (400MHz DDR) but the only way to get the system to run stable is to run the memory at 166MHz (333MHz DDR).
29th December 2003
I reported the above fault to Overclockers UK by email.
31st December 2003
I received an email from them with an attachment of a RMA form for me to fill out and return. It stated that any goods returned to them without and RMA number would be refused at the point of delivery. £20+VAT charge if they deem it not faulty.
5th January 2004
I completed the form and faxed it to them and sent an email to say that I had done so.
7th January 2004
I phoned Overclockers UK for the next several days to try and get the RMA number but they kept saying "It'll be processed in the next two days" each time.
12th January 2004
I sent an email pointing out what their obligations were and including links to the relevant information on the Trading Standards website. I gave them two days to respond before I would take the matter further with Trading Standards and the small claims court.
13th January 2004
I received the RMA number.
14th January 2004
The TwinMOS memory was packaged in the 'minimum of 2 inches of bubble wrap' that the RMA form states and put in to a box and sent back via Royal Mail special delivery service at my expense.
19th January 2004
I receive an email from Overclockers UK to say the item had been received.
22nd January 2004
I receive an email to say the item is about to be sent back.
23rd January 2004
I receive the memory back in just a thin jiffy bag. The test report they included stated a "mem test fail" and that the memory was replaced. When reconnected to the computer the same problem happens and the memory only runs at 333MHz DDR.
27th January 2004
I sent Overclockers UK an email stating that I had the same problem and requesting advice on what to do next.
30th January 2004
I received no response and the support telephone number is either engaged or is never answered and the sales line refuses to deal with the problem. I sent another copy of the email stating that no response had been received.
10th February 2004
With still no response and the same problem with the telephone support I sent another email stating that if no reply was received I would contact Trading Standards. This email I also copied the sales managers and the director, Mr Proudfoot.
11th February 2004
No response was received so I sent a detailed email to Trading Standards.
13th February 2004
Trading Standards returned my email advising that I send a ‘Time of the essence’ letter with a deadline of 7 days and then proceed to the small claims court if no reply received.
1st March 2004
When I got the small claims court forms I found out there was an easier way to claim using the government site
www.moneyclaim.gov.uk. I used this instead which cost £30 and meant I didn’t need to fill out forms in triplicate. Fee was added to amount Overclockers owed me. They had until the 20th March to respond to the court. By this time their website had a warning not to buy the TwinMOS RAM for use on an N-Force board like the AN7 they had sold me.
23rd March 2004
No response received so asked court for default judgement. They ruled in my favour and Overclockers were ordered to pay me £142.50 which was the £30 plus the £112.50 for the faulty RAM.
27th March 2004
I received a cheque from Mr Proudfoot for the full amount. If they had failed to do so then another £50 would have sent in the bailiffs to recover £192.50 for me by seizing goods if they didn't pay up.
Lessons I learned.
1)Never to buy anything further from Overclockers.co.uk. I now use Overclock.co.uk who have been great so far.
2)The small claims court is very easy to use now for amounts under £5000. I didn’t even need to step foot in the court and did everything online. You can track the progress and their helpline is fantastic.
3)Don’t feel intimidated by companies giving you the brush off. Remember the full force of the law is on your side.
I hope Overclockers UK learnt a valuable lesson and start taking their customers seriously once they have taken their money.