consumer law question

Discussion in 'Finance, Property, Law' started by thegimp, Aug 28, 2012.

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  1. I'll try and keep this brief

    Ordered a large car part of a company, stated I needed it quick.
    They said we will deliver it to the courier right now
    I didn't come for a week
    I chased them up by phone
    they had some lame excuse about trying to contact me but not getting through, (despite having my mobile and email address) as they wanted to check I was legit as delivering to seperate address.

    They eventually did their security due diligence

    They said OK we are putting it in the van today

    Part arrives via courier and is ******* damaged

    I ring up and say take it back and give me a refund as you've been ******* me about, lying and I have run out of time

    They offer a next day replacement or money back.........................................

    But WILL NOT REFUND THE POSTAGE COSTS (60 quid)

    QUESTION where do I stand, can I demand the full payment including courier costs?

    TWATS
     
  2. Sounds like you're into car parts in a big way.
     
    • Like Like x 1
  3. Guess that's why he's called thegimp.
     
  4. land rovers are always fucked, they don't need any help from me
     
  5. BiscuitsAB

    BiscuitsAB LE Moderator

    How did you pay for it?
     
  6. Okay Gimpy, I now work for a secret underground difficult to locate organisation called trading standards, I know the answer that you now seek, but I`m only going to disclose this to you because I`m ex-whatever. Don`t tell anyone where you got this information or that I gave a sensible response to a thread on Arrse or I will have to set the Sandwell ringers on you.

    Your purchase is covered by three pieces of civil legislation:
    1. The Distance Selling Regulations 2000 which protect consumers when they buy goods by distance means, i.e over the phone, internet or mail order.

    2. Contract law or law of torte

    3. The Sale of Goods Act 1979.

    Right. Distance Selling Regs (DSRs) don`t really matter in this instance as the part is damaged. Although you made the rapid delivery of the part a condition of the contract with the seller, and he has breached that contract by not providing the part within that time, you subsequently accepted the part at a later date so can`t really pursue him for that breach.

    You have however been supplied with a faulty part so your statutory rights under the Sale of Goods Act 1979 (SOGA 79) have been breached. Any goods supplied by a trader to a consumer must be as described, fit for purpose and free of fault or defect bearing in mind age condition and price paid. You may pursue the trader for either a replacement part, a refund of the cost of the part, or a repair to it, you get to choose.
    Because the faulty part was provided by distance means, (remember the DSRs?) the trader must also refund the full cost of shipping the original faulty part to you, and refund the cost of you returning the part to him if he wants it sent back.

    This is why it`s important to check anything you order as soon as it arrives, so you can refuse it from the courier and have them return it at the traders cost. Get the courier to sign something to say the goods were broken on arrival as well.

    Hopes this helps, I promise not to do a sensible reply again.
     
  7. credit card
     
  8. Ah ha, good old Section 75 Consumer Credit Act of course states that if you buy goods over £100 in value the credit card company is jointly and severally liable also.

    If it`s a Lanny it`s going to be over 100 quid even if its a sidelight bulb.
     
    • Like Like x 1
  9. Grumblegrunt

    Grumblegrunt LE Book Reviewer

    you should be able to in effect cancel the transaction by ringing the card up as every purchase is supposed to be guaranteed for 30 days. cancel the payment, get your cash back and let them arrange collection if they want it that badly.

    a friend of mine got 700 quid back he was ripped of by a garage, which was good as we needed it to rectify the damage they caused.
     
  10. update

    So I paid in full for a car part on the 14th of August.

    I'm still waiting for a refund of any sort, despite repeated phone calls to sort it out. excuses such as the bloke who knows how to do the refund is away, the courier company didn't deliver the part back to them for two weeks (despite the courier picking it up the day after they delivered it) They are trying to reclaim the costs from the courier etc etc

    I've opened up a dispute with the credit card company and told the ******* this, they are now quoting their "terms and conditions" on their website which appears to be "tailored" to fit this circumstance

    "Returns

    We are happy to accept and refund returns based upon the following:

    Refunds will only be considered when the items is returned to us.
    Goods that are faulty due to manufacture will be replaced or refunded at your choice.
    Goods damaged in transit will be subject to inspection and replaced once liabilty has been proven (please try and check the condition of goods, importantly for packaging damage when you are signing for it).
    Damaged int ransit goods: We will endeavour to replace any goods damaged in transit ASAP. If we cannot replace within a fair amount of time a refund will be given. If we can replace within a fair amount of time but a refund is insisted upon, we may give a refund (at our descretion), tho any carriage charges will not be refunded.
    Non stock items that are special orders are non refundable.
    Incorrectly ordered goods are non refundable.
    No longer required/wanted goods are non refundable"

    Amateur ******* retail-ists, AVOID LIKE THE PLAGUE

    Douglass Motors Ltd | Land Rovers, Range Rovers, Merlin Trailers, Services and Repairs
     
  11. BiscuitsAB

    BiscuitsAB LE Moderator

    Sorted, contact the credit card company and tell them. They are also liable as they are a party to the contract. They should credit the funds back to your account and go after the retailer (their agent) to get the money back.

    whilst I fully agree with Penutbreath using the sale of goods act 1979 (as amended) getting the credit card company to do it for you is a hell of a lot less hassle.
     
  12. Surely that last bit is bollox?
     
  13. Can I have a refund of the last 2 minutes of my life reading that?


    (it took a while to load)
     
  14. Lol you ******* toilet, tell me you didn't send that while i'm trying to get all serious on their arses