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Hi All,
I would appreciate a bit of a guidance into the following matter that happened to my friends. Their car gearbox developed a fault and had to be replaced with another one. They were offered used automatic gearbox from one of car breakers/sales (they have online page too) and purchased it using paypal - £600.00
Car breakers delayed two weeks before they sent an automatic gearbox. On arrival they have noticed that it is quite rusty and from an older model. Immediately they returned it to the seller stating the reasons and also paid £90.00 for the return.
That's when funny games started. Seller started claiming that there was nothing wrong with the part at all, it is all my friends fault that they returned as the part was in a perfect working order. They are taking quite a mick over the phone and refusing the refund the money claiming they will refund it once someone else will buy the part.
I have recommended to stop any verbal communication as clearly it is going nowhere. I was thinking of writing a letter to the sellers pointing out the following:
The consumer contracts regulations 2013 - part was returned within 14 days after receiving an item. I think they withheld the part for 2 weeks before sending thinking 14 days count from the day of purchase rather than a day of item being received.
The consumer contracts regulations 2013 were breached by misleading the buyer with a false item advertising.
As wrong item was sent seller is liable for £90.00 refund too that was paid to return the item back to them?
As payment was made via PayPal should we raise a case via them? or should we raise a case and still send a letter pointing out breach of regulations and requesting an immediate refund? I do understand we should give 7 or 14 days to fully respond before potentially sending a ''letter before action''?
Any assistance would be greatly appreciated.
I would appreciate a bit of a guidance into the following matter that happened to my friends. Their car gearbox developed a fault and had to be replaced with another one. They were offered used automatic gearbox from one of car breakers/sales (they have online page too) and purchased it using paypal - £600.00
Car breakers delayed two weeks before they sent an automatic gearbox. On arrival they have noticed that it is quite rusty and from an older model. Immediately they returned it to the seller stating the reasons and also paid £90.00 for the return.
That's when funny games started. Seller started claiming that there was nothing wrong with the part at all, it is all my friends fault that they returned as the part was in a perfect working order. They are taking quite a mick over the phone and refusing the refund the money claiming they will refund it once someone else will buy the part.
I have recommended to stop any verbal communication as clearly it is going nowhere. I was thinking of writing a letter to the sellers pointing out the following:
The consumer contracts regulations 2013 - part was returned within 14 days after receiving an item. I think they withheld the part for 2 weeks before sending thinking 14 days count from the day of purchase rather than a day of item being received.
The consumer contracts regulations 2013 were breached by misleading the buyer with a false item advertising.
As wrong item was sent seller is liable for £90.00 refund too that was paid to return the item back to them?
As payment was made via PayPal should we raise a case via them? or should we raise a case and still send a letter pointing out breach of regulations and requesting an immediate refund? I do understand we should give 7 or 14 days to fully respond before potentially sending a ''letter before action''?
Any assistance would be greatly appreciated.
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