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Seller culpable?

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Segilla | 17:57 Sat 29th Jan 2011 | Law
8 Answers
I made a web purchase of item A.
Manufacturer B suggested buying their ancillary eqpt C @ £70 - or another item from a among third parties.
From among these other recommendations I bought D for £50 on the strength of "we have also tested D".
But D will not work with A.
On their suggestion, I sent D to B for investigation and it has come back with a note saying A is probably unable to power D adequately and telling me I need to spend £70 with them on C.

I consider that their wording on the site is a misleading recommendation and due to that, I have spent £50 unnecessarily.

Initially I sent a fair and conciliatory note asking for reasonable suggestions for a solution but they have washed their hands of responsibility.

Do I have a reasonable case?
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can't tell from the info you have given
Can you tell us what "A" is, who "B" are and what "c" and "D" are?
Question Author
Since I have not exhausted all avenues yet it is not fair to name the manufacturer.
I bought a special type of computer and it is sensible to back up the stored information. The Mfr recommends this and offers its own external hard drive @£70.
Mfr also names suitable ones made by others, including the one I bought for £50 with the comment, 'we have also tested ...' .
Since my purchase, (precisely the model specified by the Mfr), failed to work I pointed this out and was asked to send it in for insepection. It has come back with a note saying that their computer is probably unable to power the hard drive adequately and telling me I need to buy their £70 device.

I consider that their wording on the site is a misleading recommendation and due to that, I have spent £50 unnecessarily.
they said they had also tested, but did they say that the tests had worked?
Question Author
No, and this is a weakness, but it is not logical that they would name a device which was unsatisfactory without saying so.
is there anything on the website that states that any of the "we have also tested" equipment is satisfactory?
There are some good sites about like Watchdog who have advice and precedent letters and may well be interested if it's very misleading. Have they changed their website now?

Was the recommendation on Manufacturer B's own website of that of a third party with a number of manufacturer's products? Did you buy the item via their website or by link to an external website for the manufacturer of D or a third party website who sells D?

Do you know if Manufacturer B gets any kind of incentive if they recommended a third party's products and a successful sale is made?

If it is obviously grossly misleading to the reasonable person leading to you suffering a loss then a carefully worded letter setting out your rights and saying if the matter is not resolved to your satisfaction you will take it further including with bodies such as Watchdog. No company wants adverse publicity or action taken against them if they can help it, especially if they are the ones at fault.
Question Author
This is the section from Mfrs site re back-up drives.

'If you are not so technically minded we can supply you with a compatible 2.5" Freecom 320G USB drive - give us a call on

If you are more technically minded the [our equipment] works with most USB hard drives but you may need to reformat to FAT32 and if the drive is bigger than 500G you will need to partition it into smaller drives and the [our] backup drive should be first in the partition table and active.


The Buffalo Drivestation 500GB used to work straight out of the box but may now be NTFS (it doesn't say on the box) . We have also tested the Western Digital My Passport 320G 2.5" drive, although this needs to be reformatted to FAT32. We also tested the Maxtor Basics 320G 2.5" drive - it needed to be reformatted to FAT32 then worked OK.

Philips 500G and Maxtor Basics 500G 3.5" external drives need to be reformatted to FAT32 - see the item on the left about formatting.
-Customers have reported problems with Toshiba drives'.

I bought Western Digital Passport which was correctly and successfully reformatted, but as I said, Mfr now tells me, the power from their equipment is probably inadequate to make it work
On Friday last, the firm said that their website had been changed, but it is still the same.

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