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.
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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.
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.
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