scootz
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| posted on 5/3/09 at 02:28 PM |
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Damaged Goods and Credit Card Payment
I got a wing and bonnet sent out by a breaker for my tin-top. £450 (ish) all-in and everything was 'perfect condition'.
Goods arrived and I read the stickers on the packaging from the breakers saying that goods must be checked prior to signing... saying unchecked is not
good enough... etc.
However... peeing rain and leaving house for an appointment, so no time to cut open the package.
I figured that I would be in my rights just to sign 'not inspected' on the delivery docket.
Anyhow... opened the packages and the bonnet is OK, but the wing is absolutely horrendous. There is no way the damage could have happened in transit
unless the delivery guys were playing football with it!
Sent the breakers an email... no reply!
I paid with credit card. Do I have a case for instigating a refund with the credit card company for the £100 that the wing cost?
If so, how do I go about instigating a complaint / refund (never done it before).
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Paul TigerB6
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| posted on 5/3/09 at 02:32 PM |
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Did you buy off the same breaker as PeteR1??? Clicky
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scootz
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| posted on 5/3/09 at 02:36 PM |
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Mine came from a breaker found on the 24/7 spares site.
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Paul TigerB6
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| posted on 5/3/09 at 02:39 PM |
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Pretty much same regulations apply - seems a very similar case with distance selling rules etc. A read of the thread will help i'm sure.
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BenB
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| posted on 5/3/09 at 02:56 PM |
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In this instance distance selling rules apply. Say it's not as described (ie clearly not in perfect condition) and you want a refund. I'd
also say that if they want it back they can send a courier to come and collect it.
The whole "no refunds if signed for" written on the box thing has no legal basis, it's just what dodge companies do to try and
prevent their fraudulent activities biting them back.... The contract between you and them is as it stands when it is made. You can't
subsequently make ammendments to it.
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r1_pete
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| posted on 5/3/09 at 03:41 PM |
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This check before signing is getting bloody rediculous, I checked with the courrier, and they said:
"If we had to wait till everyone checked their deliveries before signing we would have to radically re-price our service, we cannot have
delivery drivers waiting 5 - 10 minutes at each drop whilst packages are checked. We are insured against any damage incurred by our mis
handling"
From the advice I got it is the sellers responsibility, I'm waiting on a second response from mine, after sending pictures of the damage. Which
in fairness does look like damage prior to factory packaging, it was still in the sealed polythene bag, without the broken bits.
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serieslandy
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| posted on 5/3/09 at 04:07 PM |
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quote:
Originally posted by r1_pete
This check before signing is getting bloody rediculous, I checked with the courrier, and they said:
"If we had to wait till everyone checked their deliveries before signing we would have to radically re-price our service, we cannot have
delivery drivers waiting 5 - 10 minutes at each drop whilst packages are checked. We are insured against any damage incurred by our mis
handling"
From the advice I got it is the sellers responsibility, I'm waiting on a second response from mine, after sending pictures of the damage. Which
in fairness does look like damage prior to factory packaging, it was still in the sealed polythene bag, without the broken bits.
I am a fork lift driver at a garden center and at christmas we have to check that every box is there from a company called premier. When you have a
full artic load it takes about 2ish hours, the drivers get a little frustrated when you tell them they will be waiting that long.
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Delboy_H
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| posted on 5/3/09 at 04:33 PM |
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Phone the credit card company and give them all the details, they'll sort it out.
Very similar thing happened to me last year. The company who supplied the parts were adamant that because I hadn't checked before signing there
was nothing they could do.
I phoned the credit card company (Mastercard) and they did the rest. Replacement parts arrived the following week.
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scootz
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| posted on 5/3/09 at 04:36 PM |
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Thanks all!
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