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Consumer rights legal advice

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  • 17-06-2021 2:11pm
    #1
    Registered Users Posts: 19


    Hello, I am a resident of the Republic of Ireland and I would like advice on my problem with the business of Medion UK https://www.medion.com/gb/.
    On September 10th 2020 I contacted the Medion customer service inquiring about my laptop BIOS and if there was an available update as I was told by a Microsoft customer service member that I couldn't do the latest Windows 10 update on my laptop due to my BIOS as it was out of date and I needed to contact the manufacture Medion as they would supply an update for me. Later that day I was asked to provide the BIOS version which I did and though I wasn't asked for it I provided more information on my laptop in case they needed it later on.
    Then on the 16th I was asked if I was using Windows 7 or 8 which I replied that it was Windows 10 home as it was pre-installed which I thought they would have guessed as I had to fill out my laptop model in the contact form but thought they just wanted to make sure. Roughly an hour and a half later I got a reply saying that "After confirming with the software team" I was to install version 6.10 then 6.13,That was the only information given the version number. After installing the update version 6.10 my laptop needed to restart so I restarted it but after turning off it couldn't turn back on as the screen was black with only the power light on so I replied describing what happened and as I waited I decided to look online in case I did something wrong or if there was a simple solution but after looking I saw people saying that it usually happens if the update is too new for the BIOS and you should contact the manufacturer to get them to fix it.
    When I got a reply on the 18th it said the only option was to get it sent to them through DPD and I asked if there would be a charge and how much also what the address I had to write on the box but I was told it would be free and DPD had boxes and labels so I didn't need the address, the collection was scheduled for the 23rd.
    On the 23rd DPD didn't come so at around 7pm I replied if there was an issue or if the address was incorrect which I provided, then on the 24th I was emailed saying since my laptop was made in 2015 they don't have parts any more for that model and I needed to get a third party to see if they can fix it. I replied and asked since the problem was that the BIOS was too old for the update would it not mean a newer BIOS would be needed not the old one which was supplied originally meaning a new part that they would have but on the 28th I was told only parts of the laptop can be used to fix it which they don't have and I was again told to go to a third party. I tried again asking would a new part not be better as the problem being the part was older then the update but on October 1st I was told they only advise original parts to be used not new ones and a third party can use new parts to fix it. I then tried asking if the update could be reverted or if they could manually factory reset it without changing parts, then on the 5th I was emailed full instructions on factory resetting a Windows computer which I tried replying that my issue was my laptop can't turn on so I can't do a factory reset which on the 8th I got emailed saying we can't repair your unit and my only option is to get a third party to do it. At this point I realized I was just getting sent between different people who only half read the emails which is why someone just saw factory reset and emailed me the instructions which was impossible for me to do since my laptop can't turn on so I decided to open a new technical issue help form on the website.
    On the 8th of October I sent the email explaining quickly what happened that Medion sent me an update which was too new for my current BIOS and that now my laptop is broken as it won't turn on and that I was told DPD would collect it and it didn't happen which then I was told that you couldn't fix it due to lack of parts and that I suggested possible solutions which I kept being told to go to a third party, I included the reference number and my customer number and sent the email and got an automated reply saying it was received and I would be replied as fast as possible but I never got a reply.
    Since I didn't get a reply after my new separate email from the rest on the 8th of October it was clear I was being ignored now so I decided to write a complaint email so I found the complaint section on their website and I wrote to them about the Unappealing treatment of customer. In this complaint email I went into more detail on how I originally emailed them about my BIOS and how I was told they were out of date and how after being asked information on my laptop it felt like they didn't care to look too hard as firstly they didn't know what operating system I had though it was pre-installed and then after "confirming with the software team" I was giving an update that wasn't compatible with my BIOS or device and then being told that it would be fixed by Medion which never happened as suddenly there are no parts and only third party can fix it with new parts and my suggestions I was making to try resolve the issue in different ways were being ignored, I was also at the same time being passed around like a hot potato as each email was answered by someone new and no one really knew what was happening as they didn't bother reading all the emails or only parts which is why I got pointless emails saying the same thing or giving me instructions on things there were impossible as my issue was my laptop can't function. I also mentioned the fact that I attempted a second time as a last resort to email them getting away from the chain of emails to try get better help or one person to deal with my issue but that the new case was completely ignored without any replies which reinforced my earlier thoughts that no one cares about my issue and basically being told its someone else problem now and how from the start that when I inquired about an update I was basically rushed a reply with updates that weren't checked fully if they were compatible as they just wanted to get rid of me, passing me around without care at all and when there was an issue I was told I had to go to a third party again to get rid of me which was another reason I was just ignored from then on, I then went on to say that I will have to pay expensive costs to get my laptop fixed by a third party because of Medion incompetency and carelessness as I was quick to get the update but once it caused issues it was slow at getting fixed and I also mention that it still isn't fixed. I ended the complaint giving both my reference numbers to both cases and I thanked them if they read the email and the other emails and said I hoped it could be finally resolved. The complaint email was sent on the 4th of November and again I got an automated email saying it was received and I will get a reply quick as possible.
    On the 1st of December I got a reply about my complaint in which they said the best option is for the laptop to be collected so they can have a look at it in their repair centre, it was arranged for collection on the 11th but DPD didn't come to collect my laptop so it was rearranged for the 14th and 17th as the same issues kept happening where no one came to collect my laptop but then on the 24th I was told there was an issue with DPD getting the boxes for me to package my laptop in so I was asked to pack it myself but the labels would still be provided by DPD and that the new collection date would be the 30th of December so I packed it in the original box it came in with the original packing foam.
    On the 30th my laptop wasn't collected so I replied saying the tracker said it failed to deliver but it was in Athlone and I was in Kildare so I asked if my address was correct/full and I gave them my address again and I attached screenshots then I wished them a merry Christmas and happy new year.
    On the 13th of January 2021 I was emailed saying that the issues were with DPD collecting from Ireland and if I was ok with rearranging collection I said ok but I didn't get a reply so on the 19th I replied asking what was happening since it was a week and I didn't hear anything and I mentioned I heard DPD UK stopped operating with the EU since of Brexit and Customs and asked if they were waiting for them to do business again or was a different courier going to be used, I was told later that day that they are waiting and that it was rebooked with DPD,Nothing happened so on the 25th of January I replied saying I didn't get any email/text from DPD about any collection then on the 28th I was told again there was issues collecting from Ireland and they will contact me when it was resolved.
    On the 5th of February I got an email from parcelhero informing me UPS was going to collect my package on the 8th but I had to print the labels myself as they had an issue printing,On the 8th my laptop finally got collected by UPS and On the 9th I got an email confirming the delivery to Medion I was also emailed by Medion apologizing for the multiple failed attempts with DPD and that an alternative courier will collect it on the 12th, I replied saying it was already collected and delivered and I sent screenshots of the emails from Parcelhero in which they replied that it did arrive but UPS told them collection was the 12th to give time to print labels. Later that day I got an email and text saying that it will be processed as soon as possible.
    On the 11th I was called and told that they tried changing the BIOS but it was worse than they thought as the motherboard was fried and I was told that as a "gesture of good will" they would send me a "replacement" and I would get an email in a few minutes. When I got the email with the details of the laptop I replied thanking them for the offer and if it was the only available solution then I would accept it then I asked If my original laptop would be returned.
    On the 12th I got a reply saying that the faulty unit wouldn't be sent back as it will be "destroyed" and I will be notified when "the good will gesture replacement" be dispatched, I asked again if there was any way I could get my original laptop back and if it had to be "destroyed".
    On the 19th I replied asking if they got my email as I got an update on my service saying that my original laptop was going to be returned to me as the repairs were made and it would be dispatched soon but it had been a week and I didn't hear anything, I got a reply saying the faulty unit wouldn't be sent back as once the "new replacement" is sent Medion has ownership of my original laptop and it is "destroyed" and then the message I got could be an automated email sent after the "repair case is closed".I then got a text from FedEx saying my package will be delivered on the 24th of February but on the 22nd I got another text from FedEx saying your package will be delivered today.
    When the package arrived I took pictures of it as the box was old with creases and stains and the one piece of tape seal had been opened and inside the contents were not secured properly as when I picked up the package originally the box was upside down it the bag and I heard rattling around as I brought it into the house, the contents were the laptop with only screen protector/sticker and information on charging before use with no other plastic wrapping or sticker around laptop , charger, manual with aldi logo and warranty which was stained and looked like someone spilt tea/coffee on it, all this showing that the laptop/box was half thrown together as it did not look like something you just bought from a shop as I remember when I got my original medion laptop with protective stickers all over it and it just fitted in the box so nothing would move unlike the rattling box I got as well as the fact that the original box off my laptop I sent them was in much better condition and like new compared to what I got.
    That was my interaction and attempt to solve the problem with Medion but I have not gotten Compensation for them breaking and keeping my laptop as the"gesture of good will" is not compensation as 1, I did not get any choice in the matter to either choose between a selection or just get a refund 2,"gesture of good will" and compensation are different as "gesture of good will" is for wasting your time for months of doing nothing, constantly getting your address wrong after multiple attempts of correcting it or the fact that all your information is lost due to their update "after confirming with the software team" whereas Compensation is for my laptop being "destroyed" 3,The laptop is clearly not "new" or factory sealed which is the requirement for a replacement to be counted as compensation as the box wasn't sealed as the one piece of tape was cut open, the contents didn't seem to fit properly or was done in the same way my original laptop was done when that was factory sealed when I bought it in D.I.D also the overall condition of the box was worse than the box I had sent them with my original laptop which I had for 5 years, the laptop itself wasn't covered in protective stickers or wrapped in a soft bag wrap to prevent scrapes or bangs like my original laptop was presented/protected in its original box and though there was a warning sheet inside the laptop saying to charge before first use as the battery is emptied to prevent accidental turn on during transport the laptop was fully charged and the last time it was updated was the 9th of February 2021 which proves that it more than likely was an old left over or something someone returned or tried to have repaired and before offering it to me they turned it on to check if it even worked and put it in a random old box they had around which definitely wouldn't be needed if it was "new" or factory sealed 4,The laptop overall is inferior as the software on it is Windows 10 S which means I can't install anything other than programs from the Microsoft store and I can only use Microsoft Edge meaning I can only use it to look things up especially since there are less connections on it so it is of lesser value unless I start spending money on upgrading to Windows 10 home or pro which mightn't be compatible with the hardware as I have seen the affects of updates to the hardware I hate to imagine the effect of a completely different operating system so overall I'm still paying expenses to get back to the point I was at before my laptop broke as even if I got my original laptop back I would have to pay a third party even more after their messing around to get it working again but at least I would get my information back and maybe some use out of it. This is showing me that for compensation I would prefer a refund and not another replacement as their "gesture of good will" is a good warning of the sort of replacement I could expect and I could also use the refund to go to a different manufacture and not have to keep dealing with Medion as I can see with my experience through the passed few months that they don't care especially when I keep getting passed around to different people who just want to pass me on quickly to the next college, listen when I try to correct my address, rude when they sometimes randomly ignore me until I send another email a week later and overall incompetent on giving an incompatible update making everything take extra long like collecting my laptop which always had the wrong address on it though I corrected them and not compensate me at all in the end but try offering a "gesture of good will" to get rid of me that is I realise now is an insult since it was second hand and inferior and then "destroyed" my original laptop but it seemed like they wanted to destroy the evidence especially since they even used the word "destroyed" and so that I wont have to bother them again.
    I only experienced incompetence with an update I hate to imagine what else they approve of or other areas that issues can occur even with newer laptops,other equipment or what might happen if I start using the laptop they sent which is why I wanted a refund so I could switch to a different laptop manufacturer. I even looked up on google about complaints for Medion and was shocked how many had similar situations with different issues but the customer service always took forever to collect for repair as if they wanted to see if anyone would give up after a few days and the repairs either like me made it worse or something else would be wrong so they would have to send it back and spend even more time going through long wait times with being ignored, as I read on it seemed like I wasn't just a one off case like I originally thought as it seems like anybody who does business or buys a product off of them has a high risk of a fault and overall awful customer service which never seems to help or offer refunds but decides what if any form of redress you get taking away your consumer rights.
    Here are the details on my original laptop: Manufacturer Medion Model Akoya E6239 MD99452 Serial no. 158PE5000967 MSN30019299 BIOS VERSION/DATE(before update, I don't know what was installed as I cant check and I was only told v6.10 nothing else) Amercan Megatrends Inc. 702, 09/07/2015
    My warranty has expired as it only lasted 10 months and I got it in 2016 in D.I.D in Ireland.
    I have in the meantime contacted the European consumer center Ireland(ECC Ireland) in which I was informed that the legislation only applies to the trader I have the contract with which is D.I.D Ireland meaning it will be hard to use that to argue against Medion although my complaint can be brought to D.I.D however the warranty has expired. I have also submitted a complaint on econsumer.gov but haven't herd anything yet. I have also tried contacting claims.ie by emailing twice and submitting the online form and using the live chat(which sounds like a robot as all they do is take your email and say they will be in contact) but over 3 months without any reply not even an automated response saying it was received. So now as a last resort I'm here on Boards.ie looking for advice and please if you are a lawyer/ official legal advisor than don't hesitate to private message me if you want/need to see emails for correct wording or the photos.
    I would like to thank you for taking the time to read my post and I hope you can advise me on if I have a claim or not or any other things I could do. Thank you again for advising me how to proceed and taking this seriously.


Comments

  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,710 Admin ✭✭✭✭✭hullaballoo


    It's too much to ask anyone to read all that.

    It is also against the charter to seek legal advice. If you have a consumer complaint, contact the CCPC. The Consumer Issues forum here might also offer some practical assistance on what to do but legal advice is not allowed on a site wide basis. If you are posting there, give a very high level summary in no more than 3 or 4 short paragraphs of the issues.

    Thread closed.


This discussion has been closed.
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