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Refunds - Non Receipt

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  • Refunds - Non Receipt

    Case 1: In November my daughter, with my wifes credit card, bought an office desk from a mail order company near Birmingham off the motorway. It arrived and was not what she had ordered. It was claimed that they no longer carried the model as advertised and had sent another. We opened the outer box to find that the stain on the wood had items placed upon it whilst still wet and was badly marked all over. Added to this some chipped wood. I rang the supplier who agreed to take the desk back and promised a refind within 48 hrs. Nothing appeared. Christmas came and went and no reply to numerous emails and phone calls.

    After New Year and after the threat of legal action, he rang me and said a cheque would be in the post shortly. Nothing arrived. He told me he had posted the cheque himself on the Thursday (7th January 2010). It is now 17th January 2010 and nothing has been received.

    I went around to the business address in Wednesbury marked as such on his eBay shop and found it to be a private house. I spoke to a lady who told me her son was not in, but there were 2 newish cars on the drive and the company van in the road. I gave her my name and mobile number and asked him to ring me that day, nothing came of it. As I drove away, I saw the lady standing watching me out of her front window.

    Since then three calls to his mobile have resulted in no reply.

    My wife has contacted her credit card but we await a reply on that score.

    ***********************************

    Case 2: My daughter then ordered a replacement desk from a company in Cleakheaton, Yorkshire, also on eBay on 18th DEcember 2009. It arrived on 21st December 2009, but with splintered wood and broken pieces, one piece with a screw right through a desk drawer front. I phoned them and received a very surely reply that they were not interested in arranging for the desk to be returned, that was up to me! 20kg is not a small item to post and they were not prepared to refund the freight costs. Unless I return it they are not prepared to arrange refund.

    Question: What the hell do I do? Case one looks like its is going to have to be the courts and case 2 looks like I am going to have to pay anything up to £50 - 60 to return it!

    At present I am a total of over £200 out of pocket. I distinctly recall reading in the Sales of Goods Act 1979 that faulty items are the responsibility of the sender to arrange return, but now I cannot find the same section.
    Darkness is only the absence of light; ignorance is only the absence of knowledge.

  • #2
    Re: Refunds - Non Receipt

    Did you pay via PayPal or directly using a credit card? In order to make a Section 75 claim the goods must have cost more than £100 and if they do, then this is an excellent path to take, since your card issuer will argue a great deal less than a slippery eBay trader.

    Look here for some details of how to make a claim. New Member Advice - Legal Beagles

    With regard to case 2, again, if the total cost of the goods was over £100, regardless of how much you actually paid on the card, making a s.75 claim is going to be pretty straight forward. See above.

    With regard to your final point, you are quite correct, and since you are not returning the goods unwanted under the The Consumer Protection (Distance Selling) Regulations 2000, but formally rejecting them as faulty under the Sale of Goods Act 1979 (As Amended) you are entitled to have the goods replaced, be refunded or compensated at no cost to you. In short, you do not need to pay to send them back and I suggest that you inform the seller of this and also that he has fourteen days to arrange collection of the goods, or you will dispose of them and charge him accordingly, or store them pending collection at his cost.

    Finally, if the goods did not cost more than £100, you may have to issue a claim against the seller for the recovery of your money. Let us know and we can advise further.

    Comment


    • #3
      Re: Refunds - Non Receipt

      Thank you so much for your advice. In the first instance I was contacted this afternoon and 'promised that another cheque would be forthcoming - we await developments.

      As with case 2, I have forwarded your advice into them and giving them 14 days from 19th January to arrange collection.
      Darkness is only the absence of light; ignorance is only the absence of knowledge.

      Comment


      • #4
        Re: Refunds - Non Receipt

        Tell them I'll go and collect the cheque for you - I only live a mile away from Wednesbury lol
        Is no longer here

        Comment


        • #5
          Re: Refunds - Non Receipt

          I live about 10 miles or so (Sutton C). The cheque is allegedly posted, so we wait

          further to the initial reply: Case1: £110. Case 2: £104.99
          Darkness is only the absence of light; ignorance is only the absence of knowledge.

          Comment


          • #6
            Re: Refunds - Non Receipt

            In that case, stop wasting time waiting for cheques that, let's face it, have had plenty of time to arrive yet oddly have not and make a claim against your credit card company at once.

            Read this thread, New Member Advice - Legal Beagles and make a claim against the credit card company. Under the law as providers of credit, they are joinly and severally liable and will be easier to deal with. In turn, they will seek repayment from the eBay sellers, meaning you do not have to.

            Comment


            • #7
              Re: Refunds - Non Receipt

              Case1: cheque arrived today banking it tomorrow, waiting to see if it bounces.......

              Advice above noted
              Darkness is only the absence of light; ignorance is only the absence of knowledge.

              Comment


              • #8
                Re: Refunds - Non Receipt

                Case 2: I do not believe this, paypal have contacted my daughter and said she has to send it back!!! The law is an ass. one says I am not responsible for sending the 20kg desk bak, and everything else says I am!! I only have a window of a few more days, looks like I am going to lose out big style on this damn thing.

                edit: because couriers will not send anything without an account, I have arranged return of item via a friends company tomorrow. Hopefully the bill will not be too prohibitive. This company Home Furnishings UK LTD - Modern & Discount Home Furnishings, Bedroom Furniture, Single & Double Divan, Metal, Guest Beds, Wooden Dining Chairs known as Home Furnishings UK Ltd of cleckheaton, West Yorks will be sorely sorry they crossed me. I am going to blacken their name as far as pluto if I can.
                Last edited by elbmek; 20th January 2010, 17:42:PM.
                Darkness is only the absence of light; ignorance is only the absence of knowledge.

                Comment


                • #9
                  Re: Refunds - Non Receipt

                  PayPal do not make the law. You are not obliged to send them back at your own cost as the goods are faulty.

                  On their website, under Terms and Conditions, Faulty Goods, paragraph 2 states;

                  In the rare event that Goods develop a fault, Home Furnishings UK Ltd retains the right to have the Goods repaired or replaced at Home Furnishings UK Ltd discretion, and any delivery costs associated with the exchange of faulty Goods will be met by Home Furnishings UK Ltd.
                  Notwithstanding this, contact your card issuer and inform them that you wish to make a claim against them for the full amount that this has cost you. Your card issuer is jointly and severally liable.

                  Why do you persist in making work for yourself when the solution to all your furniture related woes is provided for you in law?

                  Comment


                  • #10
                    Re: Refunds - Non Receipt

                    They have me on that too, its not an 'exchange' of goods, its a complete refund. I read you link to the Credit card information, thank you for that, and am going down that road. I have arranged for initial city link to collect package tomorrow and delivery it on Friday.

                    I am making it hard for myself but my daughter was checking one avenue, me another, and we were getting crossed. However the reason I came on here, and very glad I did, is to hear your words of wisdom, and advice. We are going to claim the full amount including cost of returning the desk from the card. I will keep you fully informed obviously.
                    Darkness is only the absence of light; ignorance is only the absence of knowledge.

                    Comment


                    • #11
                      Re: Refunds - Non Receipt

                      Update:

                      Case1: cheque shows in my account now.

                      Case 2: package was collected this morning by Initial City-Link. Now I wait......
                      Darkness is only the absence of light; ignorance is only the absence of knowledge.

                      Comment


                      • #12
                        Re: Refunds - Non Receipt

                        Case 2: I eventually got refund but oh so hard work. I am puzzled as to why, according to the law I am entitled to this or that, and the company were adamant that it was not so and I had to return it for a refund. Sending back a large, heavy wooden desk is not cheap, but luckily I have a friend who has a courier account. They collected it and despatched it. I wait still to see how much it was.
                        ------------------------------- merged -------------------------------
                        Originally posted by Cetelco View Post
                        PayPal do not make the law. You are not obliged to send them back at your own cost as the goods are faulty.

                        On their website, under Terms and Conditions, Faulty Goods, paragraph 2 states;
                        The loophole here is that I was not seeking a replacement or repair.
                        Last edited by elbmek; 17th February 2010, 10:05:AM. Reason: Automerged Doublepost
                        Darkness is only the absence of light; ignorance is only the absence of knowledge.

                        Comment

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