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Complaint Details
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Initial Complaint
04/28/2022
- Complaint Type:
- Service or Repair Issues
- Status:
- Answered
At the beginning of July 2021 my old computer died. I brought it to computer physicians for diagnostics and told them that I expected my decade old PC to be dead and that I wanted the data off of it as well as a new computer which could play Tales of Zestiria. The owner called me on July 3rd and told me that my old computer was completely dead and that he would sell me a new computer for $695 that met the recommendations for Tales of Zestiria. I paid over the phone at the owner's request. When I arrived the following day to pick up my new computer, they told me that they put the graphics card from my decade old computer that they told me was completely dead in the new computer. I assumed they knew what they were doing, they didn't. I had planned to take my business elsewhere, but the owner e-mailed me recently and asked for feedback so I gave it to him. He then tried to lie his way out of it repeatedly, and during the course of the conversation I discovered that the computer is not new. It was manufactured in early 2018 and the warranty expired in 2019. I didn't think about it until I was fighting tooth and nail for every nugget of truth to be accepted, but I was never told about the graphics card being taken out of my old computer before I paid. The agreement we made when I gave them money was that they would provide me with a new computer that met the recommendations for Tales of Zestiria. The computer isn't new and without my old graphics card the computer can't even run Tales of Zestiria, which was also claimed on the invoice.The owner has tried to make various false excuses. All I want is for the agreement we made to be fulfilled: I pay $695 for a computer that meets the recommendations for Tales of Zestiria. I gave them $695, they didn't fill their end of the deal.Business response
05/09/2022
I received by US postal mail a letter about ***************************** from the BBB. ***** Nicholsons goal is to harass and threaten me and my company and NOT to solve the issue! Since he refuses a full refund,. As proven below:
***** contacted me by email 10 months after he bought the computer from my company waiting 10 months to let me know there was an issue.
Ive already responded numerous times by email to ********************** who advised me that there was a miscommunication 10 months ago as to what he wanted and I told him if he returns the computer in working order I will refund him 100% the cost of the computer which is $695 he did not like this answer, he does not want a refund and he continues to insult me, call me a liar and harass me continuously even though I agreed from the beginning to refund his money if he returns a computer instead of doing this he wants to continue to harass me and my business and not accept the refund of $695 which is a 100% full refund of the cost of the computer. At this point I will refund the money only if we meet at the ******** police ***** headquarters, and do the computer exchange there, since I believe he is a danger to the public based on the way is acting towards me. ***************************** continues to refuse the full refund of $695 And instead continues to harass, insult, falsely accuse me and threaten me.
Below is my last email I sent to him and some of a small amount of about over 20 harassing mean insulting and threatening emails he sent to me, refusing to accept a full refund so he can continue to harass and threaten me.
***** Nicholsons goal is to harass, insult, falsely accuse me, and threaten me and my company and NOT to solve the issue! Since he refuses a full refund even offering a refund 10 months after he bought it!
-*************************
Computer Physicians, LLC
************
http://computer-physicians.com/
******************************************************
From: info computer-physicians.com
Sent: Monday, April 18, 2022 4:16 PM
To: **** Sonol (*****************************)
Subject: Computer IssueEnclosed is the invoice and the release of liability form that you signed on July 3, 2021 when your dropped off your computer. The release of liability form releases Computer Physicians, LLC and the owner from ALL liability. And the offer of a full refund for the computer will solve any issues that you have with the computer you bought. (The liability form can also be view on our website at https://www.computer-physicians.com/Computer%20Physician%20repair%20release%20form.pdf or by clicking on the computer repair form Here: https://www.computer-physicians.com/****-pay/
This was an honest misunderstanding - I thought that Tales of Zestiria was one of the old games that you played well on your old computer with your old video card until your old computer crashed, and I must have confused the requirements with another game that you had played. Honestly thinking that the old video card and onboard video met the requirements. I thought everything was working fine until I just heard from you recently almost a year after this took place that you could not play you new game you wanted.
It would have really helped a lot if you told me that you needed a Nvidia GeForce GTX 560 Ti / *** Radeon HD **** video card one year ago when you dropped off your computer. You did not do that. That would have eliminated any confusion.
Our conversation took place almost a year ago but I know it was a brief conversation. From what I understood you did not mention the type of video card that you needed. and from my understanding is that your computer crashed and the games you were playing on there were fine it's just that your computer was not working. I don't have any notes of you saying that Tales of Zestiria was a brand-new game that required a more powerful video card. I thought you were already playing it on your old computer until it crashed. And you certainly didn't mention the Nvidia GeForce GTX 560 Ti / *** Radeon HD **** last year when you dropped off the computer. The only thing you mentioned is that you wanted 16 GB of memory and an SSD drive with no mention of the type of video card you needed. Since I thought all your games were working fine on your old computer I didn't think you needed a more powerful video card and you didn't mention that you needed a Nvidia GeForce GTX 560 Ti / *** Radeon HD **** at any time last year.
In retail sales, after a set amount of time you cannot get a refund for an item. I've already told you I'm willing as a professional courtesy to give you a refund almost a year later, if you return the computer the way you received it in working condition, your other option is to get a newer lower wattage video card that that uses less than 180 ***** that will be compatible with your game that you can use in the existing HP computer. You should verify with the game's manufactor which new lower wattage cards can be used in that game that you want, if you decide to go that route. The computer I gave you has value, if you want to keep it, you can decide to put a low wattage card in and use it in your game, or use it for parts, or something else like a business or internet computer, you can sell the computer and get money for it, or for a refund.
I already agreed now, (almost a year later) to solve this by giving a refund, since a better video card is needed to play your new game well. This is not good enough for you since you want to continue to insult me put me down and treat me badly. Which I will not put up with. I will not tolerate being treated badly insulted, disrespected and accused of something that was basically a simple misunderstanding. Your constant insults are not helping. I'm not sure why you think constantly insulting people and putting them down and accusing them of crazy things and name calling is a good way to deal with anyone. No matter what the situation. All my conversations with you has been done in a professional manner while yours has been done in an extremely violent angry mad hysterical tone and frame of mind from your emails. I've never had a customer act like that in 23 years which should make anyone not want to deal with you. As a matter of fact I've never come across anyone that acted like you in my entire life. So if you think the way you're acting by the tone of your emails is normal, I disagree.
I will not tolerate being treated badly, insulted, disrespected and accused of something that was basically a simple honest misunderstanding. Since this is the case, I will not communicate with you any further if you continue to insult me, call me names, accuse me of crazy things and disrespect and treat me badly. And I certainly won't meet with you in person for the refund exchange, unless it is in a safe public place, and you totally change your tone and act in calm down relaxed rational civilized friendly courteous professional manner. Do not bother to contact me again for any reason unless it is for the one-time refund exchange and agree to the conditions above. On behalf of Computer Physicians, LLC we have nothing more to discuss and will never do business with you, see you or communicate with you again.
-CP
Emails from ***************************** explaining that he refuses to except a refund and instead wants to harass, insult, and threaten me:
Harassing email from ***************************:
Thank you for finally noticing my anger and hatred, I finally feel listened to by you. Sort of. What you still don't seem to understand is that you are the cause of my stress, anger, and the object of my hatred due to the former two. I understand that your actions don't excuse mine, but the inverse is also true. With the evidence I have uncovered during our interactions, and a lack of evidence being provided on your part, I have no choice but to accept that you set out to deceive me from the beginning.
I have never said I wasn't willing to work with you. I said I wasn't going to give you any more money after how much you've lied to me, and I've proven how much you've lied to me with evidence. I rejected the two video cards you offered because one was equivalent to my old card and the other was much worse. Our contractual agreement states that you would sell me a computer, as you said, for $695 that "meets all gaming recommendations" I gave you $695. You didn't give me a computer that is capable of running Tales of Zestiria as claimed on the invoice.
Again, I never asked for a refund. I asked you to fulfil the agreement you made with me. Just so we're clear, you're refusing to do that.
The only way to make this right is for you to do what you said you would do when I gave you money. Offering a refund isn't a solution, it's avoiding the problem. How does it avoid the problem? The problem is that you blatantly lied to me. Reversing the transaction doesn't change that.
If you don't want to be labeled a dishonest liar who makes deals and then refuses to honor them, then you will do what you promised to do when you accepted money from me. Anything else is fraud.
Another harassing email from ***************************:
Please stop making baseless accusations. If you're going to make an assertion then back it up with evidence, otherwise I'm not responding to your bait anymore.
If it is your opinion that this was all a simple misunderstanding, then please reproduce the webpage you claim you easily found before which says that the graphics card out of my old computer meets the recommendations for Zestiria. It should be easy, you've found it before after all. Failing that, I'll accept any evidence which suggests that your story is true. So far you haven't presented any evidence. What you fail to realize is that even if I buy your false narrative then you're still 100% at fault. You've admitted in various ways throughout this conversation that you thought I wanted to play Xenimus as well as Zestiria. Mixing those two up makes absolutely no difference and doesn't defend your actions at all.
I have to ask out of pure curiosity, why do you keep bringing up the integrated video? It has been completely irrelevant every time you've mentioned it - I had to be the one to inform you that HP integrated video doesn't work when a graphics card is installed. There was never, and never will be, a purpose to mentioning the integrated video. The integrated video cannot play Xenimus, which is probably the lowest strain 3D game in existence that can be played on modern computers. All of the games you know I played or intended to play require graphics cards, which makes the integrated video incapable of being relevant. So again, why do you keep bringing up the irrelevant integrated video?
It's true that you specifically asked me what graphics card I wanted. However, I wasn't able to recall it off the top of my head and that's why I wrote down Tales of Zestiria for you. So while I didn't say the words "I need X card" I did give you all the information you needed to figure out which graphics card I needed. You failed to do that on multiple levels. Stop trying to blame me for what are evidently your failures.
You also don't realize that your liability release form only applies to efforts made in the attempt to repair the old computer. Again, for the umpteenth time, I'm not complaining about the data recovery. You told me you were going to sell me a computer for $695 that "meets all gaming recommendations" and can "run tales of Zestiria" which the evidence proves you did not do. Your liability waiver doesn't protect you against fraud. Even if it did, however,
If you thought that Zestiria was an old game that I had played before then you clearly didn't listen to me when I talked to you about it. That is your fault. Why would I write down the name of a game I was already playing? As evidenced by the absence of Xenimus being written anywhere, that makes absolutely no sense. Zestiria is not a brand new game. If you paid attention you would know this, I've told you its exact age already. To reiterate once again, the onboard video is incapable of playing either Xenimus or Zestiria. My old card is irrelevant since it was already mine and you didn't mention it until well after I paid. When I agreed to give you money it was with the understanding that you were selling me a new computer. You've admitted several times that you didn't tell me about putting my old graphics card in the computer you sold me until I came to pick it up - a full day after I paid. The computer you sold me does not now, nor will it ever, "meet...gaming recommendations" because it is incapable of doing so. You failed to ensure that what you were selling me met my evidently clear expectations.
You keep ignoring me about this extremely serious point - how did you "run tales of zestiria"? It wasn't installed on the computer when I received it and I didn't download it until July 10th. Even if we ignored all the rest of it, claiming that you ran the game when you didn't is fraud. I happen to know for a fact that you didn't run Zestiria on this computer. I'd love to hear what you have to say about this as it is a direct and provable written claim you've made which can't possibly be true.
It's not up to me to do your job for you. I wrote down what game I wanted to play, the technical details are your domain. You said "meets all gaming recommendations" and "run tales of zestiria" not me. I did, as evidenced by the invoice, extremely clearly communicate that I wanted the computer to meet the recommendations for Tales of Zestiria. You failed to ensure that what you sold me met those requirements. That is 100% YOUR fault. Stop trying to blame shift it over to me, the evidence is extremely clear in this regard.
I've already checked, *****, there isn't a graphics card that meets the recommendations for Zestiria that doesn't require over 200 ***** of power. That means that the computer you sold me isn't even capable of supporting a graphics card that meets the recommendations. If you'd done the minimum basic research required you'd already know that, yet you wonder why I'm insulting you...
I'm not surprised that you're still not listening. A refund does not solve this problem. A refund doesn't even address the problem because the problem is that you told me things which are untrue, based on the evidence. If you don't like my assessment of reality then feel free to contest it; just be willing to provide evidence for your assertions if you do. You seem intent on defending your blatant dishonesty, which is solidly proven by evidence. I'm not going to change the way that I'm talking because your feelings got hurt. Don't like being called a liar? Stop lying. I have already presented you with ample evidence of your dishonesty and you haven't even tried to refute a single ounce of it. You've tried to make excuses, even complained loudly that I'm upset about your blatant dishonesty, but not once have you refuted the conclusive evidence that I have presented.
The moment you provide even a single shred of evidence for your narrative I'll stop calling you a liar. So long as you continue to make empty claims that previously offered evidence contradicts I will continue to call it the way I see it - which is simply where the evidence leads. You're welcome to provide your own evidence.
"I already agreed now, (almost a year later) to solve this by giving a refund, since a better video card is needed to play your new game well." You seem to be missing the point completely. The computer you sold me isn't capable of playing Tales of Zestiria. It came without a graphics card. My old card that I owned for ten years is irrelevant to this discussion. The evidence clearly shows that you never mentioned that card to me before I paid, when we spoke over the phone you told me my old computer was "completely dead" and brokered a deal to sell me a new computer which you failed to do.
It's interesting that at the same time you're complaining about me calling you names, you're calling me names as well as making statements that are demonstrably untrue about me. You're free to be a hypocrite if you'd like, but I don't think it will do anything good for you. I would have imagined that it was pretty clear that these e-mails are not normal. I don't normally have people saying demonstrably untrue things to me. I don't normally have to fight tooth and nail about every single tiny detail of truth. I don't normally have businesses try to rip me off and then also try to defend their actions. I don't see how you can claim that you've been professional in these e-mails when your first response in this discussion included at least three statements which I've proven to be untrue with evidence. Unless your opinion is that it's "professional" to say things which aren't true, I guess...
Thank you for finally making your position clear in regards to whether or not you would honor the deal you made: "On behalf of Computer Physicians, LLC we have nothing more to discuss and will never do business with you, see you or communicate with you again." You have successfully put your foot down and refused to do what I paid you to do. Congratulations.
Another Email from *****************************:
"we don't have a good track record of communicating properly with each other" he says...
The fact of the matter, as proven multiple ways by evidence, is that I communicated perfectly clearly. If you'd like to admit that you completely screwed up and apologize instead of continuing to be dishonest, I'd appreciate it.
I told you extremely clearly when I dropped off my old computer to be analyzed, because you specifically asked, that my old graphics card was c*** when I bought it ten years ago. When you called me and agreed to sell me a computer that could play Tales of Zestiria you never mentioned putting my old card in the computer. When I gave you money the understanding that I can clearly prove with evidence that you had was that you were selling me a computer that met the recommendations for Tales of Zestiria. If you made a mistake and switched up the names of the games, that's not my problem. I told you extremely clearly in person that Xenimus was the only game I could find that would run and that I enjoyed. I told you also in person extremely clearly that Tales of Zestiria was a game that I wanted to purchase but knew I couldn't run it on my computer. If you didn't listen to me then that is your fault. You are supposed to be a professional, but your conduct with me thus far suggests the opposite. The invoice clearly says "run tales of zestiria", if you failed to ensure that statement to be correct, then you have committed fraud. You have now admitted that you committed fraud, but you're claiming it was accidental. That's fine, in a perfect world I'd forgive you and we could work something out. Instead, you decided to be completely dishonest, as proven by evidence, multiple times until I forced you to admit the truth on key points. I find it incredibly interesting that you chose not to address the fact that I know you couldn't possibly have run Tales of Zestiria as claimed on the invoice. It's also extremely suspicious that you keep trying to blame this on "miscommunication" and claiming that I miscommunicated with you in some way without even bothering to describe how. The only one miscommunicating and misunderstanding (if we take your story to be true, which I don't) is you. You haven't even attempted to apologize for failing to listen to me as well as failing to verify that what you sold me could perform the way you promised me it could. That's all on you. You failed to fulfil your promises to me because you failed to perform your professional duty. These are clearly and evidently exclusively your failures, yet you claim "we" miscommunicated. It's an extremely dishonest tactic and a gigantic red flag known as "blame shifting"
Again, you really need to stop bringing up irrelevant topics. Onboard video is completely irrelevant since all three of the games whose names I left with you require graphics cards, meaning the onboard video (which can't even play Xenimus) is COMPLETELY irrelevant. I have no idea why you've ever talked about it, except if I take the understanding that you thought (or wanted me to think) that the onboard video was working in combination with the graphics card. I had tell you that HP.com says that the onboard video is disabled when a graphics card is installed. Until then, you claimed that I had my old graphics card "in addition to" the onboard video. Since the onboard video can only perform solo, and basically every game requires a graphics card, unless I assume you were lying or had no idea what you were talking about then it makes absolutely no sense whatsoever to bring up the onboard video. The more you bring it up, the more dishonest/incompetent you prove yourself to be.
"So the computer comes with onboard video but I also installed your old card in case the onboard video wasn't powerful enough to run your game. Which I mentioned to you when you got the computer." In case? The onboard video clearly isn't enough to run any of the games I told you about, there's no guessing involved. It can't run any of them, that's an easily verifiable fact. Again you admit that you didn't tell me that you were putting the old graphics card in the computer you sold me until a full day after I paid you as evidenced by the invoice. You sold me a computer under false pretenses by calling it "new" and telling me it could run Zestiria. Again, three years old is not new. The manufacturer's warranty expired in 2019. Once the warranty expires I'm pretty sure it can't be considered new, as the manufacturer no longer guarantees the product. The warranty expired almost two full years before you sold me the computer, and again you didn't even know which model of computer you were selling me. Plus you put a ten year old graphics card in the computer, so it's unequivocally not new if I buy your story.
The video card I owned for ten years before meeting you is irrelvant. You've admitted twice that you didn't tell me about it until I came to pick the computer up, which was a full day after I paid. At best you withheld vital information from me, at worst you maliciously lied in order to deceive me. Since you never mentioned it when I agreed to give you money, it's not part of our deal. The computer you sold me isn't capable of running Xenimus OR Tales of Zestiria. It's impossible to deny that you ripped me off big time, I don't care to hear your excuses about whether it was accidental or not. It is a fact that you told me things that aren't true, it is a fact that you made promises and then didn't keep them. It is starting to become clear that you never had any intention of fulfilling those promises, as you never bothered to verify whether or not anything you claimed was true before committing it in writing to me. That is your problem. Your miscommunication. Your misunderstanding. I did everything right, and I can prove it.
I'll say it as many times as it takes, *****, I'm not asking for a refund. I'm asking you to be a man of your word. I know that's a big ask for you, but I believe you can do it. You agreed to sell me a computer for $695 that "meets all gaming recommendations" and can "run tales of zestiria" but I've proven and you've admitted that the computer you sold me isn't capable delivering on either of those promises. The computer you sold me, by your own admission, isn't even capable of supporting a graphics card that can meet the minimum requirements of Tales of Zestiria. Whether by ignorance or malice, you made statements to me that were untrue. Now you want me to accept a refund without an apology, which doesn't even address the problem. You made a deal with me and I can prove with evidence exactly what that extremely clear deal was. I can also prove that I did not miscommunicate in any way. Again, you only have two choices. 1) Honor the deal you made. 2) Refuse to honor the deal you made.
Choose wisely.
Customer response
05/09/2022
Complaint: 17121268
I am rejecting this response because:I have never asked for a refund. I have a written contract from Computer Physicians, LLC that claims that they would sell me a new computer that "meets all gaming recommendations" and can "run Tales of Zestiria." ****************** claims that I miscommunicated by failing to inform him of the system requirements for Tales of Zestiria, but the invoice proves that I did indeed communicate clearly that I wanted the computer to meet the recommendations for Tales of Zestiria. In reality, the only one who failed to communicate is ******************. He failed to communicate his intentions to put the graphics card from my old computer into the "new" (it's three years old, that's not new) computer until after I paid, and he has admitted this in writing. Without the graphics card from my old computer the computer he sold me can't even run Tales of Zestiria.
****************** is the one who solicited feedback from me. He started this interaction. During the discussion I discovered that my plan to simply buy a new graphics card somewhere else is impossible; the computer ****************** sold me isn't capable of supporting a graphics card that meets the recommendations for Tales of Zestiria.
All I am asking is for Computer Physicians to honor the deal that they crafted and proposed to me in order to convince me to give them money. Claims of "miscommunication" don't address all of the issues such as the computer actually being three years old, on top of MANY other lies ****************** committed in writing to me.
Sincerely,
*****************************
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Customer Complaints Summary
1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.
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