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Discussion Starter · #1 ·
Some may have read my cry for help concerning a PowerBook battery that suddenly died on my on Jan 8. Well after many calls and faxes, Apple recognised it as a faulty battery and replaced it. Bravo ! And thank you for a few very understanding people over there.

But the story has a spin... The retailer where I bought the Powerbook had played a trick on me when he sold me my Mac. He had evidently sold me a used PowerBook as a new one. Needless to say, he never told me.

I found out with Apple on the phone that the serial number of my TiBook had been purchased 8 months before my own purchase, had been registered and repaired a couple of times too.

I suposed it got returned for a reason (defects). But then it was resold to moi. Am I surprised today that I had to have both the motherboard and the hard disk replaced on day 2. The machine just didn't work properly.

Anyway, most of the faxing and calling was intended to correct my date of purchase and clean up my file, which is now done.

To be fair to the retailer, I have been happy with my TiBook since. But to find out these facts after the fact...

So, my battery is replaced (original reason to call Apple!) and my priviledge to get the extended Apple Care reinstituted. It does not always end that way. Does it?
 

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I think you should write a stern letter to the retailer and threaten to involve competition authorities. It is completely unacceptable and probably breaks several laws too. :rolleyes:

Now about that iMac replacement you alway wanted...
 

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you may also want to mention the retailer's name here so that others can be spared your situation
 

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quote: "To be fair to the retailer,"

I think it would be fair to identify the retailer here.
 

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I would go after the retailer, and yes write a stern proper letter,, demand a Brand NEW system as of TODAY of equilvent value.. A new Powerbook..

And, threaten both legal actions and authroties and tell them Apple has provided all the necessary info and your lawyer has given you the go ahead.

And yes,, lets get the name out there... write a story to your local newspaper,,, do whatever,, that is unacceptable.. I would be so peeved. I got mad just reading that..
 

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Plz, say the name. I live in Montréal so this kind of info is very relevant to me.

Also, what they did is totaly illegal. Winning in court is sure since when they sold it to you they didnt give you all the relevant info about the product.

I would ask for monetary compensation. First the money diference between a used computer and a new one, then the time you wasted trying to solve that issue, finaly add some bucks to compensate the fact that you dont have what you wanted: a new computer!

When you come to see them, have a very detailed list of your claims. My guess is that they will offert you the computer free because it could cost them much more to go to court for a case they are surely going to lose.

I have justice / court / lawer and I dont want to sound like an ambulance chasser, but they did something wrong consiously and should pay the price...

Btw, if you go strait to them telling them that you want a settlement or going to court, dont accept ANYTHING bellow what you expected (at least 1000$). If you accept something (even a 5$ mouse), they could latter claim that this was the settlement and you will be screwed.

Oh and if they want to go to court, just tell them that you are going to make a website about the progress of the case for all the other montreals mac users to see. Since they know they are wrong, it should scare the shit out of them!

Yes, am I not the kind of customer you want to mess up with ;)
 

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As another Montréalais reading this, I'd also like to know the name of the retailer who did this.

Buyer aware is needed to help balance the culture of buyer beware.

Thanks
 

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Discussion Starter · #9 ·
WOW, Do I ever feel crancked up. Thanks for the ideas and support. I guess I was just happy to get my freakin' battery that I did not look at the situation from the other angle. (In fact I did but just felt mad. Period.)

Now, however, I feel like going after them. Big time.

I do have to put all the facts lined up properly and consult before I mention any names here. The last thing I would want is to be sued for "atteinte à la réputation et libelle diffamatoire" (someone translate please).

I will sure keep this group informed in time. Promised.
=)
 

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I haven't read the whole thread but, yes, if you have documented proof it was a used machine then you were robbed. Huge. And the fact they pulled that stunt when there was a good chance they'd be caught is especially mind-boggling.

One tip would be to record your phone calls. Apple is not likely to send you documented proof, but you can at least get recorded evidence by recording these converstions. NOTE: It is not against the law to record conversations without their knowledge. As long as one party in a 2-party conversation knows, it's okay
 

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"atteinte à la réputation et libelle diffamatoire" (someone translate please).
It's same thing and can be translated by "defamation".

Regards
 

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keep us posted,,, go after them.. get fired up.. do what needs to be done! They may be doing this to others,.,
You could be uncoivering some huge scam that maybe many people have been robbed.
 

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They ripped you off, plain and simple. A 8 month old computer will obviously sell for MUCH less than a brand new machine.

Be professional in your approach to this, but be FIRM. You are 100% in the right on this one. Do not back down.

I would absolutely flip out if this happened to me. :mad:
 

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WOW.... you were taken advantage of. thats just wrong and I'm sure very illegal. I hope you do something. You should settle for no less than a brand new powerbook or threaten legal action.

And I hope you will say where you bought this Laptop so it can be black listed among us as a place to avoid. That is just digusting.
:rolleyes:
I don't think there is anything illegal about saying where you bought a product is there?
 

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Discussion Starter · #15 ·
Time has passed and tempers have cooled. Facts have arisen and lawyers have spoken. Here's the latest on the mistaken identity TiBook...


First, an important precision: the 667 MHz Tibook was sold to me a "store demo" not as a new computer. That I knew from the start and it was clear between the retailer and moi. That's why I got it for about 300 $ cheaper than the suggested retail price. I purchased it at a moment when the 867 MHz had been on the market for about three months if I remember well. In fact, I perceived then that I had a decent deal on my hands. (and I really wanted a Tibook fast!)

Ok, it's an important fact that I didn't mention in previous posts... which most probably got many of you --with reason-- that furious and cranked up about the described situation. In fact, your reactions surprised me so much that they prompted me to reread all the posts. That's when I noticed that this fact was missing. Sorry, my mistake.

- "Haha ! That changes everything!"

Well not really. In principle, the machine sold to me was still not the machine I thought I was buying. So in principle, it's the same thing. One can indeed suspect fraud, intentional or not, or simply sheer incompetence on the part of the retailer.

To consider: a 'store demo' is not as clearly defined a concept as a "new computer". Still one could argue that you should not expect a 'store demo' computer to be 6 months old and have a history of "cases" with Apple. One would not suspect that the computer may have had a previous registered owner! Let's ask the retailer for an explanation...

For sure: the retailer did screw up the registration of my machine and never told me that the Apple Care start date on that machine had begun 6 months earlier than the date of my purchase. In fact, they did tell me at the moment of my purchase that I had the full coverage just as if the machine were new. Clearly a fault on their part. That, they should have known and should have told me. Or at least corrected the file with Apple.

I continue to say that the retailer did not tell me all that I should have known prior to my purchase. Was it intentional on his part? Or is he just not organized to know the facts? Where is the fault? What is the explanation for all this ?

As for moi and the legal front, the killer question is: what are the damages? If I can prove that I incurred damages, I can move. If not...


Nonetheless, I can kick butts on the commercial battle field. Which is where I intend to act. My next move involves paper and ink... and then some 0s and 1s once I have their official reaction and position on this issue.

'll keep y'all posted.
 
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