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need help and advice (urgent)

dc87

hi guys.

 

i live in the UK.

a few weeks ago i decided to purchase a used gtx780 to sli it with my own 780.

i bought one from eBay and as im always suspicious about second-hand stuff i made sure it was working perfectly by running Furmark for 30 minutes. i found no problem with that at all. i played my games using the new acquired 780 in a single mode and there was no issues what so ever.

 but then i figured out that my favorite games like Batman Arkham Knight, Witcher 3 and Rise of Tomb Raider and Black Ops3 have problems with sli, so after exactly a week of the delivery day, i decided to sell it on eBay myself.

this woman bought it from me, then said her son experiences "sometimes" black screens in CoD and Fifa.

we all know CoD is buggy, and does not matter how many times i tried to assure her that my gpu was not faulty, she insisted on returning my item back to me and get a refund.

 

i even asked her to take the gpu to an expert, or a local pc repair shop to make sure my item was not faulty, but she refused.

 

then she said that the problem got worse and upon launching a game, her son's pc freezes.

 

i told her to return the item to me, apparently she did not know how to troubleshoot this matter, and i could re-sell my item to someone who knows more about computer stuff.

 

so she returned it to me, and guess what? 

my pc freezes everytime i launch my games.

that could not be possible!

i tested my gpu for a week, i used it, it cant be..

 

so i thought she swapped my gpu with a faulty one she had..

the only way to check if it was mine was to check the BIOS .rom which i saved on my pc before sending it to her.

 

what i found? BIOSs were different.

 

when i questioned her about this, she said oh yeh, we thought we might be able to fix it by updating the BIOS with NVFlash.

so she flashed my gpu's bios before she sends it back to me.

 

obviously i didnt accept a refund as she damaged my gpu for good, but that bimbo kept saying my item was faulty anyway as sometimes her kid experienced black screens in CoD!!!!!

 

she escalated the matter to eBay and received a full refund in less than an hour.

 

i complained/appealled to eBay, but nope, they kept repeating some non-sense over and over again.

 

so i decided to take eBay to the court.

today i filed my claim, but im anxious as im not sure if the court knows what bios is and what risks would be caused by flashing it specially by a dumb buyer who doesnt even know how to use DDU..

 

i am not going to attempt to fix the card, as it may not get fixed and then court will not accept my claim.

 

so im looking for some advice how to gather evidence regarding this issue.

 

any tips or advice is welcomed.

 

thanx in advance.

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Wow, that sure escalated. Honestly though, I'm not sure what you hope to achieve. You don't usually see claims this small go to court because you're likely to spend more in legal fees than you would just to buy a new graphics card. Anyway, if you really want to prove the cause of a GPU failure it needs to go the manufacturer.

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Just now, adamjp said:

Wow, that sure escalated. Honestly though, I'm not sure what you hope to achieve. You don't usually see claims this small go to court because you're likely to spend more in legal fees than you would just to buy a new graphics card. Anyway, if you really want to prove the cause of a GPU failure it needs to go the manufacturer.

 

thanx for the comment dude.

 

in the UK we have something called "Court for Small Money Claims", in which you pay a small fee of £25 and if you won, the defendant has to pay that as well.

 

there are numerous cases in the UK in which ppl sued eBay and got compensated, but my matter is a lot more technical.

 

as far as i know, return laws in the UK say that an item should be returned in the same and exact conditions they were in, in a re-usable and re sell-able condition.

for instance, i can not buy a tv, break it in half and return it. 

 

in my case, she admitted that she had made changes to my item through eBay chats, but she refused to take responsibilities for the damages.

 

eBay was not helpful at all.

they do not know anything about these stuff, and they kept saying to me that they could not verify the condition of my item prior to selling it.

but i kept saying that i bought the gpu from eBay one week before re selling it, and if there were any faults, i would send it back my self.

 

they did not accept it, so the only way for me is the court.

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So this little shit messed with the bios and killed the card with overclocking. Than ran to mother and told fairytales.

 

You should not have take it back. I hope you will get your Money back. Good Luck.

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my only option is to ask the court to have some comuter experts reviewing the matter, in which im sure i would win.

dont know much else really.

 

i spent my birthday's money on that card...

 

eBay is horrible, lets all agree on that.

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3 minutes ago, Praesi said:

So this little shit messed with the bios and killed the card with overclocking. Than ran to mother and told fairytales.

 

You should not have take it back. I hope you will get your Money back. Good Luck.

 

thanx dude.

 

she did not tell me about flashing the bios, or i wouldnt accept it to be returned to me.

she only told me when i got the item back.

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6 minutes ago, dc87 said:

 

thanx dude.

 

she did not tell me about flashing the bios, or i wouldnt accept it to be returned to me.

she only told me when i got the item back.

You have that in an email? Thats a good evidence.

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2 minutes ago, Praesi said:

You have that in an email? Thats a good evidence.

 

yes i have it all in eBay's Return Request chats.

 

on the other hand, eBay refused to give me a valid address for their UK headquarters, so i relied on info from others on the web.

 

dont know about the rest of the world, but in UK there are many horror stories about sellers getting scammed.

 

one guys sold an iphone, but the buyer said that the box was empty and got a full refund.

seems the guy won in the court though, but i will never ever try eBay again.

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8 minutes ago, dc87 said:

 

yes i have it all in eBay's Return Request chats.

 

on the other hand, eBay refused to give me a valid address for their UK headquarters, so i relied on info from others on the web.

 

dont know about the rest of the world, but in UK there are many horror stories about sellers getting scammed.

 

one guys sold an iphone, but the buyer said that the box was empty and got a full refund.

seems the guy won in the court though, but i will never ever try eBay again.

2 Rules i have with ebay.

 

1. Only buy stuff from People you can reach by Car.

2. Never buy used Electronic Stuff

CPU i7 6700k MB  MSI Z170A Pro Carbon GPU Zotac GTX980Ti amp!extreme RAM 16GB DDR4 Corsair Vengeance 3k CASE Corsair 760T PSU Corsair RM750i MOUSE Logitech G9x KB Logitech G910 HS Sennheiser GSP 500 SC Asus Xonar 7.1 MONITOR Acer Predator xb270hu Storage 1x1TB + 2x500GB Samsung 7200U/m - 2x500GB SSD Samsung 850EVO

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tbh, i have lost my mind over this.

can not focus, can not go to sleep and i am anxious all the time.

 

flashing the bios would void warranties, no company would accept a return in the situation like this.

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Just now, Praesi said:

2 Rules i have with ebay.

 

1. Only buy stuff from People you can reach by Car.

2. Never buy used Electronic Stuff

 

i wish i knew that sooner.

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i really want to see if Linus or his crew could give me some tips.

 

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7 minutes ago, dc87 said:

 

i wish i knew that sooner.

We all make mistakes. Now you know it :)

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in all bios flashing tutorial websites there are warning that "do it at your own risk" and "this may damage your stuff"..

 

what kind of moron attempts to fix an item by making changes to it before sending it back??!

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court will defo ask me to submit my evidences starting next week, i just dont know what i need to send aside from chat messages...

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20 minutes ago, dc87 said:

in all bios flashing tutorial websites there are warning that "do it at your own risk" and "this may damage your stuff"..

 

what kind of moron attempts to fix an item by making changes to it before sending it back??!

He didnt want fix it. He wanted mess with voltage and used a custom bios for that. After failing, they scammed you. That would be my guess though.

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Just now, Praesi said:

He didnt want fix it. He wanted mess with voltage and used a custom bios for that. That would be my guess though.

 

probably :(

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I didn't realize that you could use the court system like that, that's kinda neat actually. Anyway, it seems all its riding on is that tampering with a BIOS will be considered breaking. If you can't send the card to the manufacturer can you get a letter or document from the manufacturer stating that flashing the BIOS may damage the card and void the warranty? 

 

I should note that no one on the forum and especially Linus media group can give you actual legal advice. That is only my personal opinion on what might help.

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allright guys, just an update;

 

today i reviewd my court claim documents.

it seems i need a report from an expert for this matter.

it says:

(preparing for the court)

- you may wish to get an expert report, for example, on faulty goods..

 

that is why i asked for Linus or his crew's opinion on this matter.

I need it for the proof for the court.

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I hate eBay. The listing fees are alright but the final value fee is absolutely ridiculous.

Current PC: Origin Millennium- i7 5820K @4.0GHz | GTX 980Ti SLI | X99 Deluxe 

 

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On ‎3‎/‎14‎/‎2016 at 4:02 PM, dc87 said:

allright guys, just an update;

 

today i reviewd my court claim documents.

it seems i need a report from an expert for this matter.

it says:

(preparing for the court)

- you may wish to get an expert report, for example, on faulty goods..

 

that is why i asked for Linus or his crew's opinion on this matter.

I need it for the proof for the court.

You're much better off going to a computer shop. Somebody who hasn't met you at all or doesn't have access to your PC can't vouch for you. I'm sure you're pretty knowledgeable yourself so getting someone to back your claim would be good enough. Also contacting the original seller would be a very good choice.

Current PC: Origin Millennium- i7 5820K @4.0GHz | GTX 980Ti SLI | X99 Deluxe 

 

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8 hours ago, afyeung said:

You're much better off going to a computer shop. Somebody who hasn't met you at all or doesn't have access to your PC can't vouch for you. I'm sure you're pretty knowledgeable yourself so getting someone to back your claim would be good enough. Also contacting the original seller would be a very good choice.

dude, i would take it to a pc repair shop i know tomorrow, but also having some confirmation from Linus who is a known person worldwide is an advantage.

I only want him to confirm that "flashing the BIOS done by a non-expert can have devastating results", just as in my case.

Linus has many channels, he is the best for tech tips, i am a subscriber, and lots of ppl ask their question from him.

 

why should i not ask him?

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28 minutes ago, dc87 said:

dude, i would take it to a pc repair shop i know tomorrow, but also having some confirmation from Linus who is a known person worldwide is an advantage.

I only want him to confirm that "flashing the BIOS done by a non-expert can have devastating results", just as in my case.

Linus has many channels, he is the best for tech tips, i am a subscriber, and lots of ppl ask their question from him.

 

why should i not ask him?

I didn't say you shouldn't ask him. In simple terms he isn't somebody you can just call up. Good luck getting a response from him if your case is urgent.

Current PC: Origin Millennium- i7 5820K @4.0GHz | GTX 980Ti SLI | X99 Deluxe 

 

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16 hours ago, afyeung said:

I didn't say you shouldn't ask him. In simple terms he isn't somebody you can just call up. Good luck getting a response from him if your case is urgent.

 

thanx dude, well i did not expect himself to reply to me, but anyone from his crew will do.

 

i hope someone replies to me :/

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