Do I have a chance in Small Claims Court?

[Bill in SD, CA]

A tech store sold me an OEM drive that they had bought in bulk and lied about the retail drive I bought being bad in order to make a better profit. The drive died and I'm basically screwed.

Here's the situation:

1. I bought a WD 45 GB HD at Frys and took it to a local "tech" shop to have it installed.

2. Later that day the tech shop called and said the drive was no good but they had an identical drive they could sell me for the same price. I said sure why not.

3. I took the "bad" drive back to Frys. They tested it and said the reason why the drive was not working was because it had not been partitioned and there was no FAT table installed. I said whatever and got my refund.

4. Fast forward. 1 year later the drive from the tech store died. They said not to worry the drive had 2 years left on the warranty and send it back to WD.

5. WD's site said the drive was OEM and I should deal with the manufacturer of the computer I bought.

6. I returned the drive to the tech store and even though I had no receipt, they eventually sent it back to RMA it.

7. It's been over 3 months and I still have no drive.

8. While I have no receipt, I think the fact that they sent it back is evidence enough to prove that they acknowledge that they sold it and also why would I have an OEM when I haven't bought a "name" brand computer in over 10 years. My 12 year old was witness to the Frys incident and also to them taking the dead drive back.

What do you think?

Bill

Hrm when my drive from WD died i got a replacement in about 2 days max. of course i called them up from home and they sent me a box and everything to send the dead drive back. i would call up WD and see what the procedures are for replacing drives. maybe have them send an email to bring to the store and ask why its takening so long to get your drive back. 3 months is unacceptable. also did you buy the drive with your CC? check your statements and see if you can find it.

[SPEEDO]

I would say go to the tech store and find out what the status is on the drive. If they truly sent it back they can go onto WD's website with the rma number they were issued and check the status of the drive in about 5 minutes. A couple of years ago I had to wait over three months to get a drive back from WD and that's why I don't use them anymore. I'm sure everyone here will have a different point of view however............

It's either that or just wait. You can buy a new drive a lot easier than waisting a day in court...........

[Bill in SD, CA]

It's either that or just wait. You can buy a new drive a lot easier than waisting a day in court...........

Being currently unemployed I have nothing to lose. The time lost in court would be theirs not mine. I could picket them on the sidewalk. I mean, what's their cost for a HD compared to the cost of me holding a sign in front of their store saying" I Got Screwed By Dataport. Do not patronize!

[SPEEDO]

I Got Screwed By Dataport. Do not patronize

If that's the name of the store then you already have your sign up..................LOL

Sorry to hear of your lack of employment tho. If you don't have your bill of sale your kind of in a bad situation as far as causing them much grief.

[Chuckiechan]

You may want to consider filing a report with the Department of Consumer Affairs in Sacto. You can get the forms on line.

BTW, if I understand you correctly they sold you an "identical" drive. If the Fry's one was retail, and the tech shop's was OEM, then they are not identical for legal purposes. Also, they may have violated WD's agreement and possibly state law by selling a OEM component as non-OEM implying a warrantee that dosen't exist. This is the same as "Bait and Switch". The way out of the problem is to demand** the tech shop honor the full warrantee of a new unit. Who loses here is not your concern as long as it is not you.

**You may want to demand in writing that you intend to follow up your demand with a complant to Consumer Affairs, Western Digital, Techimo, and basically make yourself a PIA to seek consumer justice. Besure to let them know your attorney recommend you demand satisfaction first. Send it Cerified, Return mail. Also, go into the shop and ask to see their business license, and copy info off of it, like owners name and address, etc. Besure to send your demand to all parties.

BTW: if it is a fairly old building, threaten them with having a handicap accessibiliy terrorist (your sister, cousin, etc.) visit them to be sure they are in compliance. "You are in compliance, aren't you?"