Data Doctors #203

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
They never called me or left messagesI have no incoming calls from their number EXCEPT the day after I went in on 5/and latter when the owner called me In addition they have my email address and NEVER emailed mewhich is a reasonable and prudent expectation for someone that has taken legal and physical custody of someones property
I signed a receipt, which stated that "I accept the terms and conditions" HOWEVER, I was never provided with these terms and conditions as is evident from the fact that I did not initial the separate page that these conditions were spelled outI addition these terms and conditions are not publicly displayed anywhere in the facility.
Without acknowledging the separate sheet, I would be possible for a organization to substitute any terms and conditions at any time and claim the customer accepted them
Standard business practice would require the terms and conditions be part of same page I signed and/or require the customer to initial the separate page listing these terms and
Conditions.
This is straight basic contract lawThe contract is invalid on its face
This is the first time I have heard of any numbers associated with the repair or "settlement" other then a $discountWhen I asked how much it would have cost to fix, they had no answer at the timeI find it disingenuous that all of sudden they have pricing for the cost of repairs.
Yes I was upset, but I did not raise my voice and I did not threaten legal action, I outlined the process I would takeI said
Unless you guys voluntarily replace the laptop, pay be for the laptop, or replace the laptop with one of equal or greater valueThen I would take the following steps:
I would file a complaint with the Revdex.com to seek resolution.
I would go to the the franchise corporate office in Tempe for DataDoctors, and file and complaint with them and seek resolution
I would file a legal suit as a last resort to see resolution
All these steps are reasonable and prudent and unless it can be settled here, I will proceed with the other stepsWhat I found extremely annoying was that "Steve' told me I was over reacting, to which I replied " you basically stole an $laptop from me and charged me $for the pleasure, and for that I am just to say OK and walk away?"
The owner attempted to be diplomatic, though I did not appreciate his insinuation that I was a lair, but he stood by his people, and as a boss I can appreciate that aspect, but it does not change the underlying facts.
so what will I accept for settlementI an attempt to be fair and put this to bed and consider the fact that I hold a Masters in IT, am A+ certified, MCSE, CCIE and a list of other credentials I could have repaired this on my own, but did not want to take the time.
I paid for the laptop.
configuration in display, AMD Aquad core Gb RAM and 640GB HD
Software, addition to OS This PC Treasures Software Bundle includes Adobe Photoshop Elements 10, Hasbro Family Game Night, Cook'n Recipe Organizer 9, Quicken Starter Edition 2012, CraftArtist Scrapbooks, System Mechanic 10.5, Family Tree Heritage Platinum 8, and Trend Micro Titanium Anti-Virus with a lifetime subscriptionMade in USA
Numbers:
I could have replaced the hard drive for $USD, meaning I would have rejected the repair and taken my laptop back.
The laptop would depreciate 20% in the first year, it was months old when brought in (though only used for months) Though I am allowed years I depreciate the asset on a straight line method over years the deprecated value, minus hard drive of $53.00, excluding shipping and handling for the original laptop the current value is ,meaning to replace the laptop I should have to pay them $I will even double that and pay $(out the door) for a replacement, that meets the same configuration on hardware, Not $This is a gap of $188.47, if you deduct the "checking fee" which amounts to paying for them to get a tax write offthe difference is $
In conclusion I iwill accept and replacement laptop ASUS as stated (if the configuration is equal or greater) for $out the door, or I will continue with my options.
Regards,
*** ***

*** *** dropped his HP Laptop off on 4/4/to diagnos a hard-drive error preventing the computer from booting into windows.
On 4/5/the store manager attempted to contact the customer requesting approval to repair laptop $labor $parts left message and notated on
customers paperworkAdditional calls made 4/15/14, 4/18/14, and 4/25/All of those calls ended with us leaving a voice message, with corresponding notes written on customer's paperwork4/30/called customer and left message that we would be disposing of customers laptop(donate to local non-profit) on or after 5/5/as per our Terms and Conditions(see attached) This normally generates a response from customers interested in keeping their computerAfter no respose was recieved, we believed the laptop to be abondoned and donated it, a week beyond the 5/5/deadline.
The first new contact with the customer occured 5/30/when the customer arrived in person at the store inquiring about his laptop, nearly two months after service beganCustomer was very upset, and threatened a court actionThe store manager explained our policy and showed him the form he signed at checkin, stating that he understood the "Terms and Conditions" document, and multiple attempts had been made to contact the customer, for an extended period of time with no response from him
We offered the customer a comparable new laptop (ASUS) at a significant discount, applying what it would have cost him to repair his old laptop ($300) towards the cost of our laptop ($749)He would pay $We believe this is more than fair due to Data Doctors' lack of responisbility( as per our terms and conditions document) and the customer's lack of a response to our calls over a months period of time.
The customer stated that he did not receive any phone calls or messages from data doctors during those periodsWhen told this, I verified the phone number we had on file with his account and on his work order which were both correctI stated to the customer that I would confirm the call records to verify he was repeatedly contactedMy phone service provider *** *** requires several weeks to process the request
*** ***
Data Doctoctors Franchisee
***

In Response to *** *** complaint, I would add the following:
Customer signed confirming that he was in receipt and agreed to our terms and conditionsIt clearly states that we will hold the customers computer for daysbut Data Doctors is not responsible for computers left longer than days It was days, from the time of che, that the customer finally responded to our many attempts to contact them via the phone with voice-mails leftIt was considered abandoned after days with no customer response Offers made to the customer are merely attempts to improve the customer's experience with us, and not in compensation for the customers loss
In regards to the value he places on his laptop, computers do not depreciate the same way other assets doA laptop's value is cut in half the moment he buys itAn $laptop new, is worth at best $shortly after purchaseThe cost to repair if the laptop is damaged has to be figured into the value of the laptop as well a non-working laptop is the same as a car that won't startIt's value is significantly reduced as a result
The evaluation of the laptop yielded the followingThe computer was not booting due to a malfunctioning HDTo repair this computer to its original state would require a replacement of the HD and the re-installation of windowsBased on the model number given us for the laptop, the HD to be replaced is a GB Hybrid hard drive and would cost $159, not the $stated by the customerLabor would be $to re-install windows and setup all of the device drivers to work Total cost of parts and labor would be about $after tax
If we take the percieved value of the customers laptop in perfect condition a year after purchase($421) and subtract the cost of labor and parts needed to bring the computer up to that value($361), then the net value of the laptop before repairs is at best $61.
We have offered the customer and will continue to offer the customer the following to help to improve customer relationsWe will offer our high end Asus laptop (retails at $749) at our cost ($449) and will include all software setup of the computer ($value)
Again, it is unfortunate that this happened, but the truth is that if the customer had made even one attempt to contact us, we would have held on to his property much longer than days, and would not have believed it to be abandoned

In Response to [redacted] complaint, I would add the following:

1. Customer signed confirming that he was in receipt and agreed to our terms and conditions. It clearly states that we will hold the customers computer for 30 days. but Data Doctors is not responsible for computers left longer than 30 days.  It was 55 days, from the time of check-in , that the customer  finally responded to our many attempts to contact them via the phone with voice-mails left. It was considered abandoned after 30 days  with no customer response.  Offers made to the customer are merely attempts to improve the customer's experience with us, and not in compensation for the customers loss.

2. In regards to the value he places on his laptop, computers do not depreciate the same way other assets do. A laptop's value is cut in half the moment he buys it. An $842 laptop new, is worth at best $421 shortly after purchase. The cost to repair if the laptop is damaged has to be figured into the value of the laptop as well.  a non-working laptop is the same as a car that won't start. It's value is significantly reduced as a result.

3. The evaluation of the laptop yielded the following. The computer was not booting due to a malfunctioning HD. To repair this computer to its original state would require a replacement of the HD and the re-installation of windows. Based on the model number given us for the laptop, the HD to be replaced is a 750 GB Hybrid hard drive and would cost $159, not the $53 stated by the customer. Labor would be $199 to re-install windows and setup all of the device drivers to work.  Total cost of parts and labor would be about $361 after tax.

4. If we take the percieved value of the customers laptop in perfect condition a year after purchase($421) and subtract the cost of labor and parts needed to bring the computer up to that value($361), then the net value of the laptop before repairs is at best $61. 

5. We have offered the customer and will continue to offer the customer the following to help to improve customer relations. We will offer our high end Asus laptop (retails at $749) at our cost ($449) and will include all software setup of the computer ($99 value) 

6.  Again, it is unfortunate that this happened, but the truth is that if the customer had made even one attempt to contact us, we would have held on to his property much longer than 30 days, and would not have believed it to be abandoned.

[redacted] dropped his HP Laptop off on 4/4/2014 to diagnos a hard-drive error preventing the computer from booting into windows. 

On 4/5/14 the store manager attempted to contact the customer requesting approval to repair laptop $199 labor $99 parts left message and notated on...

customers paperwork. Additional calls made 4/15/14, 4/18/14, and 4/25/14. All of those calls ended with us leaving a voice message, with corresponding notes written on customer's paperwork. 4/30/14 called customer and left message that we would be disposing of customers laptop(donate to local non-profit) on or after 5/5/14 as per our Terms and Conditions(see attached) This normally generates a response from customers interested in keeping their computer. After no respose was recieved, we believed the laptop to be abondoned and donated it, a week beyond  the 5/5/14 deadline. 

The first new contact with the customer occured 5/30/14 when the customer arrived in person at the store  inquiring about his laptop, nearly two months after service began. Customer was very upset, and threatened a court action. The store manager explained our policy and showed him the form he signed at checkin, stating that he understood the "Terms and Conditions" document, and multiple attempts had been made to contact the customer, for an extended period of time with no response from him.

We offered the customer a comparable new laptop (ASUS) at a significant discount, applying what it would have cost him to repair his old laptop ($300) towards the cost of our laptop ($749). He would pay $449. We believe this is more than fair due to Data Doctors' lack of responisbility( as per our terms and conditions document) and the customer's  lack of a response to our calls over a months period of time. 

The customer stated that he did not receive any phone calls or messages from data doctors during those periods. When told this, I verified the phone number we had on file with his account and on his work order which were both correct. I stated to the customer that I would confirm the call records to verify he was repeatedly contacted. My phone service provider [redacted] requires several weeks to process the request.

Data Doctoctors Franchisee

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

1. They never called me or left messages. I have no incoming calls from their number EXCEPT the day after I went in on 5/31 and latter when the owner called me.  In addition they have my email address and NEVER emailed me. which is a reasonable and prudent expectation for someone that has taken legal and physical custody of someones property.

2. I signed a receipt, which stated that "I accept the terms and conditions" HOWEVER, I was never provided with these terms and conditions as is evident from the fact that I did not initial the separate page that these conditions were spelled out. I addition these terms and conditions are not publicly displayed anywhere in the facility. 

2.1 Without acknowledging the separate  sheet, I would be possible for a organization to substitute any terms and conditions at any time and claim the customer accepted them 

2.2 Standard business practice would require the terms and conditions be part of same page I signed and/or require the customer to initial the separate page listing these terms and 

Conditions. 

2.3 This is straight basic contract law. The contract is invalid on its face.

3. This is the first time I have heard of any numbers associated with the repair or "settlement" other then a $300.00 discount. When I asked how much it would have cost to fix, they had no answer at the time. I find it disingenuous that all of sudden they have pricing for the cost of repairs. 

4 Yes  i was upset, but I did not raise my voice and I did not threaten legal action, I outlined the process I would take. I said

4.1 Unless you guys voluntarily replace the laptop, pay be for the laptop, or replace the laptop with one of equal or greater value. Then I would take the following steps:

4.1.1 I would file a complaint with the Revdex.com to seek resolution. 

4.1.2 I would go to  the the franchise corporate office in Tempe for DataDoctors, and file and complaint with them and seek resolution 

4.1.3 I would file a legal suit as a last resort to see resolution 

All these steps are reasonable and prudent and unless it can be settled here, I will proceed with the other steps. What I found extremely annoying was that "Steve' told me I was over reacting, to which I replied  " you basically stole an $842.00 laptop from me and charged me $59.00 for the pleasure, and for that I am just to say OK and walk away?"

The owner attempted to be diplomatic, though I did not appreciate his insinuation that I was a lair, but he stood by his people, and as a boss I can appreciate that aspect, but it does not change the underlying facts. 

so what will I accept for settlement. I an attempt to be fair and put this to bed and consider the fact that I hold a Masters in IT, am A+ certified, MCSE, CCIE and a list of other credentials I could have repaired this on my own, but did not want to take the time. 

1. I paid 841.38 for the laptop. 

1.1 configuration 17.3 in display, AMD A8 quad core 6 Gb RAM and 640GB HD.

1.2 Software,  addition to OS This PC Treasures Software Bundle includes Adobe Photoshop Elements 10, Hasbro Family Game Night, Cook'n Recipe Organizer 9, Quicken Starter Edition 2012, CraftArtist Scrapbooks, System Mechanic 10.5, Family Tree Heritage Platinum 8, and Trend Micro Titanium Anti-Virus with a lifetime subscription. Made in USA.

2. Numbers:

2.1 I could have replaced the hard drive for $53.00 USD, meaning I would have rejected the repair and taken my laptop back. 

2.1.2 The laptop would depreciate 20% in the first year, it was 11 months old when brought in (though only used for 5 months) Though I am allowed 7 years I depreciate the asset on a straight line method over 5 years the deprecated value, minus hard drive of $53.00, excluding shipping and handling for the original laptop the current value is  593.74 ,meaning to replace the laptop I should have to pay them $155.26. I will even double that and pay $310.53 (out the door) for a replacement, that meets the same configuration on hardware, Not $499.99. This is a gap of $188.47, if you deduct the "checking fee" which amounts to paying for them to get a tax write off. the difference is $129.47

In conclusion I iwill accept and replacement laptop ASUS as stated (if the configuration is equal or greater) for $310.53 out the door, or I will continue with my options. 

Regards,