eBay business seller

[Radar]

Afternoon LB's.

I really need some further advice with a repair/replacement/refund issue with a hot and cold floor standing water cooler bought from Ebay which developed a fault 5 months after it was received.

It has and still is an absolute nightmare trying to reach a fair resolution with these people so will try and be as brief as I can with what is happening.

I bought a brand new water cooler with a 12 month guarantee, from a company on Ebay. After checking their feedback, even though there were some negatives, I felt the positives and their initial responses to my emails before purchase persuaded me they were 'okay'.

After the fault developed, I made contact via email and then by recorded delivery letter, to inform them of the fault but received no response. I contacted the Consumer Advice Service (CAS) and on advice, the Consumer Ombudsman. The latter contacted the company on my behalf; again, no response. On further advice from the CAS I sent a a letter before action and low and behold a response at last.

However, the letter I received was not what I expected. Firstly, it was sent from a company I have had no dealings with (the 3rd different company name since purchase). Secondly, the guarantee says it only covers parts which can be sent to me and that I should get a qualified person to do the repair. Thirdly, if I decide to go ahead with court action and I lose, I will be liable to pay any costs for their employees's hotel accommodation as well as any loss of earnings they incur.

I called the CAS this morning who said the company are trying to restrict my guarantee rights as well as possibly trying to 'scare' me off legal action and would be reporting them to Trading Standards who may or may not contact me.

I just feel so angry that this company are probably going to get away with selling shoddy appliances especially when I weigh up the cost of the cooler against the financial cost and stress of going to court. I wish there was a way I could warn others about these people.

Apologies this wasn't as brief as I said.

Thank you for your advice in advance...

R.

[des8]

Re: eBay business seller

Assuming the company you bought from are still in existence (check here at company house https://www.gov.uk/get-information-about-a-company) forget about their warranty.
Warranties should give you rights increased over your statutory rights.
As you have had the item less than six months,did you write to the company rejecting the item as faulty and demand a full refund, including costs (your rights are enthroned in Consumer Rights Act 2015) ?
Do they really think you will lose???? this is scare tactics pure and simple.

This is a bully firm.
If you sue them, I bet they take it to the wire (even using solicitors to write letters) before they settle at the last minute.
They will play all the tricks possible before settling at mediation stage.

[Radar]

Re: eBay business seller

Assuming the company you bought from are still in existence (check here at company house https://www.gov.uk/get-information-about-a-company) forget about their warranty.
Warranties should give you rights increased over your statutory rights.
As you have had the item less than six months,did you write to the company rejecting the item as faulty and demand a full refund, including costs (your rights are enthroned in Consumer Rights Act 2015) ?
Do they really think you will lose???? this is scare tactics pure and simple.

This is a bully firm.
If you sue them, I bet they take it to the wire (even using solicitors to write letters) before they settle at the last minute.
They will play all the tricks possible before settling at mediation stage.

Hi des8

Thanks for your reply. I did a check as suggested; couldn't find them under the names they used on eBay but did find the company who sent me the letter. The address on the letter is also the same address I sent the letters to as well as on eBay and their website.

I contacted them as soon as I found the fault asking for a replacement, refund or repair as well as quoting the Consumer Rights Act 2015 but they just did not seem to care.

[des8]

Re: eBay business seller

If you intend to initiate court action, you need to identify the company who sold you the item.
It could be the company who responded to you is the same outfit, but trading under another name.
If that is the case however, it has to be made clear to prospective customers.
Perhaps they have broken other regulations as well!!
If you post up the details of the companies concerned I'll see if I can identify them or make the connection.

[Radar]

Re: eBay business seller

Morning

Okay, as soon as I get back, I will post up all of the names they have used from point of sale to delivery as well as the name they used in response to the letter before court action.

Thank you des8,

[Radar]

Re: eBay business seller

Hi again

The following are the names this company has used...

Tremells-tools was the name they were using when I placed and paid for the water cooler
Hot-tub-place were what they were calling themselves when the cooler developed a fault
Industratec Ltd is the name of the company who replied to the letter before action I sent.

Both hot-tub-place and Industratec are trading on eBay selling the water coolers and yet, the business seller information is exactly the same for all three even though an actual name was not used in the letter they sent.

[des8]

Re: eBay business seller

Well they do appear to have breached a number of regulations.
The most important may be that if a company is trading under another name they must make that clear to customers on their company paperwork and website
.The holding company is Industratec ltd, but this info is not shown anywhere.
It can only be deduced from the fact that "the Hot Tub Place" gives a company number, which on research turns out to be Industratec.
If you do initiate court action you will need to name the defendant as "industratec Ltd trading as Tremells-tools"
On the basis of what you have told us, IMO you should ignore their threats as bullying pure and simple.
Unless your claim is in excess of £10000 this will be a small claim,and how many employees will they need to send? and will overnight stay be required?.. bullyng tactics!!
When you chase up your complaint to Trading Standards you might like to mention the non compliance with the regulations.



Tremells; Unit 3; Kelvinside Industrial Park; Wallasey; Merseyside; CH44 7JY Telephone...08451 631975.
The Hot Tub Place 3 Kelvinside Wallasey Wirral CH44 7JY Telephone 0845 163 1975 Company Registration No: 7839415 VAT Registration No: 124638517
Industratec Ltd unit 3 Kelvinside Wallasey Wirral CH44 7JY Telephone 0845 163 1975 Company Registration No: 7839415 VAT Registration No: 124638517

Above information from their websites.

[Radar]

Re: eBay business seller

Dear des8, good evening

Please forgive my late response to your last message.

Thank you so much for taking the time to look into this company for me and confirming they are all in fact one and the same, the address is the one I sent the letters to.

Unfortunately, when I last spoke to the Consumer Advice Service, they said they have done all they can and I should decide whether to take them to court or not. Should I go back to them with the non compliance with the regulations info? I am now having to weigh up the cost of taking them to court - finances are an issue, against the price I paid for the cooler, it's all such a mess.

Also, should I inform Industratec that I refuse their offer of spare parts for which they expect me to find someone at cost to me, to get the cooler repaired. They even had the nerve to say I need to inform them if I go ahead with legal action so that they can 'prepare counsel'.

I just don't know what to do for the best tbh.

[des8]

Re: eBay business seller

Obviously it is for you to decide if it is worth pursuing your money (£250?) through the courts.
I doubt going back to them will make them give way, or makethem see the error of their ways.

I like that "inform them if I go ahead with legal action so that they can 'prepare counsel'"
If they employ a solicitor it will cost them more than if they lose as their legal costs are more or less unrecoverable in small claims
Yes, you would need to send them a "letter before Action" before initating court action.

You do not need a solicitor to pursue a small claim, and there will be plenty of help from this site if you need it.

[Radar]

Re: eBay business seller

Again, thank you for your advice des8.

Will have a long think over the weekend even though my gut instinct is to drop it as the cooler was only £79. Yet the little fighter in me wants to call their bluff and show them that they cannot keep getting away with selling coolers which are obviously not fit for purpose.

I will make a definite decision by Monday the latest...have a good weekend and thanks again.

[Radar]

Re: eBay business seller

Good evening des8.

A quick update for you re the bully boys at Industratec Ltd/Tremells-Tools/Hot Tub Place. Since my last post, the fighter in me did decide to call their bluff.

Wrote them one more letter informing them that I would be taking the matter to the small claims court and added this "once my application for a full fee remission has been approved, the paperwork for my case will be processed".

I posted the letter by recorded delivery last Monday, checked on Wednesday to see if the letter had been signed and by whom. It had been and it was the same guy as last time. Got home from a workshop Thursday evening to find a brand new water cooler in my passage!!

I opened the box before I even took my coat off as I thinking what the catch was...a box of spare parts, a second hand cooler. Not at all, same model but came with completely different pre set up instructions to the ones we had with the first one.

I can only hope that this one lasts longer than 5 months.

Thanks again for your advice and support des8, really appreciate it.


R.:whoo:

[des8]

Re: eBay business seller

Well done, and thanks for letting us know the outcome

[Radar]

Re: eBay business seller

Thank you