Supplying computer software to a customer

[lyonsdown]

Am writing on behalf of a friend.
He fixes computers for a living.When a customer calls him he makes clear the fee will be for labour,plus any software or hardware provided.
Very often he has to install various software programs to clean up a machine, and this will result in a successfully fixed computer. If he didn't install the program(s) he wouldn't be able to fix the problem.

Before he installs any program he tells them how much the program will cost before he installs it.

He makes a profit on any programs he installs, in line with the percentage markup any trader operates.
He did a job recently where a program fixed the guy's problem.When it came to totalling the bill the c/s didn't want to pay for the software.My friend managed to get a credit card payment for the amount he wanted.
But the c/s emailed asking for his money back for the software.He refused to refund him, especially as the software was responsible for fixing his problem, and why should he refund and let the c/s keep the software on his computer.

The trader has now had a call from the police asking him to attend the station to be interviewed.He's sure the c/s has reported him for the £100 for the programs installed.

Has my friend done anything illegal? His argument is if someone gave him a computer part (hardware) for free, and he later supplied it and charged a c/s for it, that presumably wouldn't be illegal. This is the same thing, but with software.

 

[Chris Ashdown]

Does your friend have any terms and conditions printed anywhere and given to the customer when he gave the machine in for repair

If for instance i had a virus on my computer, i would expect the repairer to get rid of the virus but not just add a anti virus software program onto my computer after cleaning it,at my expense to protect it against further attacks

If he had told me he would clear the virus and then add a anti virus software at my cost then i would expect to pay

 

[Lisa Thomas]

He needs to be backing up these verbal discussions in writing. Even a basic e-mail or handwritten quote, signed by the customer should be enough to stop this happening in future.

Could your friend offer to remove the software (and perhaps put the PC back in its original condition!) and refund all monies to resolve the position...?

 

[Richard Moore]

I've been involved in the IT support business for many years and can't think of any software that would be required to fix a PC that costs £100. I suspect that the disgruntled client feels that they have been forced to pay for something at an inflated price under duress, in which case your friend might want to review the way they charge for this expensive software (whatever it is).

 

[mzone]

We provide business like that to people. Ours customer always need to sign a form, where you have listed all services and costs required to do the job, also all works are covered by invoice so customer know exactly how much he gonna pay.

On the bottom of the form is text, where customer confirm all jobs are required to fix the problem and he agree to pay all cost listed above.

You can find those form on internet, I think that would help with issues like that.

 

[UKSBD]

He did a job recently where a program fixed the guy's problem.When it came to totalling the bill the c/s didn't want to pay for the software.My friend managed to get a credit card payment for the amount he wanted.

when you say "My friend managed to get a credit card payment for the amount he wanted"
Do you mean he took the full amount from the customers card without the customer knowing?

 

[STDFR33]

There is something missing from this story, surely?


It is difficult to get the police involved in real crimes, without them getting involved in a £100 civil matter.


And why, if the customer feels that they shouldn’t pay the fee, didn’t they just do a chargeback through their credit card if that is how they originally paid?


If your ‘friend’ has been invited to interview, presumably under caution, then I would expect the police to investigating something much more serious than a £100 civil matter, and I would not be going into the interview without legal representation.

 

[lyonsdown]

That's exactly what I thought- why would they get involved in £100 dispute when the guy could apply for a chargeback.He sounds like a real creep going to the police.

I know my friend, and he's the kindest man ever.But I know there are bad people who will make up stories to embroider something else. I've even heard of people injuring themselves to pretend they've been assaulted.
I saw my mate's email to the guy, which was polite but blunt, telling him he can't expect to go to PC World and take software without paying for it, which is what he was trying to do.If the c/s had sent an email threatening to go to the police if he wasn't refunded, I know I wouldn't submit to that kind of blackmail.
By the way, it was 5 programs installed, not just one.Some were free and were not charged for .He only charged for the non-free ones.

The police are due to call him in a few days.He says he won't answer any questions.He wants the copper's name and direct phone number as he's concerned it might not even be the police calling .It could be someone trying to get him to an address so he ends up being threatened physically to refund the money.Apparently it happened to him a few years ago.

If the copper is genuine he'll get his brief to call him and find out the allegation and who's made it, as I believe they have to give a bit more info to a solicitor.

My mate tells me one piece of software he charged for clearly shows "activated" , which means the license has been paid for. The other paid -for , he's already emailed the publisher to buy an additional license which he can prove.It's just they've been slow in getting back to him.
Frankly,I would have thought if the solicitor emails these 2 bits of info to the police that should prove no crime has been committed (assuming c/s hasn't made something else up).

Getting things is writing is easy to say, but every market is very competitive, and there are kids doing PC repair for peanuts. It's like asking to get a gir's signature she consents to sex before the event.It's just not going to happen , and won't protect you much in the event she accuses you of something inappropriate.

Will keep you all informed.

 

[fisicx]

Why doesn't he just install the software needed to fix the PC then remove it before handing it back.

I'd get miffed if I had to pay £100 for something I didn't ask for and don't need.

 

[Gecko001]

There is something missing from this story, surely?


It is difficult to get the police involved in real crimes, without them getting involved in a £100 civil matter.


And why, if the customer feels that they shouldn’t pay the fee, didn’t they just do a chargeback through their credit card if that is how they originally paid?


If your ‘friend’ has been invited to interview, presumably under caution, then I would expect the police to investigating something much more serious than a £100 civil matter, and I would not be going into the interview without legal representation.

Yep, something missing and I think it is probably linked to the credit card payment as said, for even if the friend had charged £100 for something which he got for free, I cannot see that as being illegal involving the police. It might not even be something where the customer could make a civil case against him.

 

[Chris Ashdown]

What was the software and why was it needed, did the customer request it

 

[The Byre]

Our OP here seems to have this happen to his 'friends' quite a bit lately!

It must be the water!

 

[STDFR33]

Our OP here seems to have this happen to his 'friends' quite a bit lately!

It must be the water!

I certainly wouldn't chance my luck bungee jumping with their friends.

 

[mit74]

Having done IT Repair for the last 10 years I cannot see how anyone would need 5 software programs to fix a computer? Nearly all software available for these things are free and most cases the free ones are far better than the paid for ones, certainly in the case of malware. If it is malware that needed fixing then I would suggest to your friend he finds another job because he clearly doesn't know what he's doing.
The only exception really is data recovery software but then it's up to the repairer to have bought it themselves otherwise don't advertise you have the skills if you don't have the equipment.
In 10 years of trading I've never charged someone for software without at least asking if they're willing to pay for it. I'm sorry but I'm not surprised the customer phoned the police.