Using small claims

[marsaday]

Hello

Can anyone tell me if i should use the small cliams to get my money back for a product which is not as described.

I bought a laminated and solid oak cabinet on ebay. The top of the cabinet is supposed to be solid oak (3cms thick). This is a selling point on their ads.

However the top is just laminated (about 1mm thick) and the rest is just chipboard.

Will i be able to get my money back through small claims ? What would i need to do ?

[labman]

Re: Using small claims

I think your first place of contact should be the place you bought it.

Have a read of this link, it could not be clearer:

Consumer rights - an introduction : Directgov - Government, citizens and rights

[Gorang]

Re: Using small claims

Hi marsaday

have you raised a compliant with ebay?

as they are normally very good with things like this, and if the product is not as described, and ebay finds in your favour (which mosty they do) then they will tell you to post the item back and obtain proof of posting, then once the seller gets the item back if they don't issue a refund then ebay will

ebay complaint system is the best one to start with

[marsaday]

Re: Using small claims

Hello

I have been in a longish dialogue with the chinese company by email.

The cabinet is installed in the bathroom and will be difficult to remove.

They have told me there is nothing they can do - get lost basically.

I wonder if i should now go to ebay instead then ?

They are based in Hull as they are the importer.

To me they are selling a product which is false. The top of the cabinet is only 17mm thick and is chipboard. It should be 30mm of solid oak. They said there was a tolerance of approx 5mm. This is fine, but they are still miles out.

[Gorang]

Re: Using small claims

Hi yes I would defo go to ebay and raise a complaint

I have been in a longish dialogue with the chinese company by email.

They are based in Hull as they are the importer.

I could near bet they show themselves as a UK seller but infact they are NOT

Check their other listings and see if they all say hull, 10 to 1 they will not

if they don't then also make ebay aware of this fact as they are NOT allowed to miss represent their location

and I know for a fact that there are MANY doing this, and from personal experiance when ebay investigate them then they have to either change their listings or have them removed

But defo start with a ebay complaint and if you paid via paypal, also make a complaint with them too

[marsaday]

Re: Using small claims

Well it is over 45 days since i bought the item and ebay are saying it is out of the time frame, so i have to go to small claims. same for paypal.

this is the ad for the company. they have a uk base in hull and i have spoken to them on the phone. Does it look like i should be able to put a small claim in then ? i dont want to if they have no company working here, but it looks as though they do.


Harold Solid Oak Small Sideboard Dining Room Furniture | eBay

[marsaday]

Re: Using small claims

I have just noticed on my receipt from paypal the business in question is not the same as that on the ebay website (hull etc).

It only has the following contact details: http://www.a1computershop.co.uk and email info@vaio-hdd.co.uk

Does this mean i have no chance getting any recourse via small claims ?

[labman]

Re: Using small claims

First link brings up a blank page. The fact remains the item is not as described (see my earlier link) and so you should be able to pursue, though not necessarily through court.

[marsaday]

Re: Using small claims

what you have posted labman is not really that helful. Yes the item is faulty (as not what it is supposed to be), but the company will not give me a refund.

The only way i can get a refund is by using the small claims procedure. Now if the company is a fake one and really chinese then i cant get a small claim from them as well. Seems i am stuck. My receipt shows the business i bought the item from is different to the one on the ebay website. Does anyone know what i could do here. This seems to be a crucial detail.

[CleverClogs]

Re: Using small claims

what you have posted labman is not really that helful.

Oh dear.

How unfortunate.

I suppose you'll now want him to return the fee you paid him?

Yes the item is faulty (as not what it is supposed to be), but the company will not give me a refund.

Did you really suppose they would? Chinese-run companies are less likely to return money than even the most tight-fisted Ferengi!

The only way i can get a refund is by using the small claims procedure. Now if the company is a fake one and really chinese then i cant get a small claim from them as well.

The company may be run by Chinese 'gents' with scant regard for UK law, but the company - CT Global (UK) Limited - is registered in the UK. Furthermore, the address they give on their eBay adverts is the same as that they have supplied to Companies House.

However, that is not the same address that they publish on their web site - link. One might wonder if they are playing at Silly Buggers with Companies House.

Seems i am stuck. My receipt shows the business i bought the item from is different to the one on the ebay website. Does anyone know what i could do here. This seems to be a crucial detail.

I would suggest you take up the matter with Consumer Direct (0845 4 04 05 06) as the wrong description may be a criminal offence contrary to the Consumer Protection from Unfair Trading Regulations.

You may also wish to contact HMRC, as the company's antics with your receipt may indicate some sort of tax dodge.

[marsaday]

Re: Using small claims

Thanks for the info. No answer on the phone from their other more official place.

Trading stds sound not that useful, but i will call them again any way.

[labman]

Re: Using small claims

Sorry you found my link unhelpful in post 2. It does, however, clearly direct you to Consumer Direct which you seem to be contacting now.

If all these suggested avenues are proving unhelpful, then I would recommend you resort to professional legal advice to resolve your issue. :tinysmile_grin_t: