HappyFather
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 posted on 13/8/10 at 02:21 PM |
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Is the transporter fooling me? Please advice...
I have a problem with the company that I contracted through Shiply since the services paid where not the services provided. The company is a Freight
Forwarder, EB Cargo from Tamworth (http://www.ebcargo.co.uk/). I’ll tell you what happened and I would appreciate opinions on how to proceed. Since
I’m abroad, I don’t know for sure what my best course of action is.
On Shiply I requested bids giving all info (http://www.shiply.com/transport/Part-Load/237184/). As visible on the messages exchanged with them,
tail-lift on both ends would cost 30GBP. So, the complete service would be 190+30. Note how far the other quotes are…
After I accepted and paid the deposit (that they consider as paid to Shiply so I still had 220 outstanding to them), they said they had spoken with
their UK and PT transporters and the tail-lift wasn’t enough and they would have to charge me 315GBP for “proper lifting equipment” on both ends.
Thus, 190 + 315 = 505.
Later on I gave them the final box sizes that were slightly bigger and they charged additional 35GBP. I paid this all plus 5% to cover for their
Paypal fees.
Collection day arrived and their contracted collector showed up with just a tail-lift. Fortunately, Steve from Aries got hold of a forklift and saved
the day. When I sent them an email complaining for not having the services I paid for on collection, they said that to have a crane on delivery I
would have to pay additional 208GBP plus 5% for Paypal.
I arranged with the Portuguese transporter to go to their warehouse collect on my own, saving this additional expense.
Now, I believe I should be refunded of the 315GBP for proper lifting equipment I didn’t get and, at most, pay 15GBP for the tail-lift on collection.
Thus, 190 + 15 + 35.
They say they will only refund me of 60GBP being that the amount for delivery from warehouse to my house, a service I refused to have.
I made them a counter-offer, trying to meet in the midde, and asked for 160GBP refund, since that would make their cost equal to the offer I had from
DHL Portugal for the same service I received (collection with lifting equipment on the customer, delivery to a warehouse).
They refuse and say the 60GBP is the final offer.
Am I being thick or do I have reason to want a refund? What can I do? Specially being abroad?
Thank you for reading all this and for your opinions! Best regards,
HappyFather
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Z20let Corsa
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| posted on 13/8/10 at 02:34 PM |
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open a paypal dispute. youll win.
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fha772
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| posted on 13/8/10 at 02:41 PM |
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I'd agree, they have charged you for a service they didn't provide.
If you've paid for all of through PayPal, i'd get a dispute opened pronto!!
http://www.ppcmag.co.uk/forum/viewtopic.php?f=47&t=6743&start=105
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jossey
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| posted on 13/8/10 at 02:41 PM |
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i would refer them to the goods and services act 1982.
see below.
If a supplier of a service breaches the conditions of a contract (for example by failing to carry out the work ordered) the consumer has a choice
either to affirm the contract (treat it as still in existence) and claim compensation from the trader for his failure to carry out what was agreed or
rescind (cancel) the contract.
• If the supplier does not carry out the work with reasonable care and skill the law treats the matter as a breach of contract and the consumer can
seek redress. Often reasonable compensation in these circumstances will be repair or replacement.
• If no agreement has been made with the supplier about completion of the work, or about the charge to be made, then if it is not completed within a
reasonable time or the price is unreasonable, this is also treated as breach of contract and the consumer may be entitled to compensation.
i would suggest to them to make a payment of good will. otherwise you will contact trading standards.
hope that helps.
david j
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James
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| posted on 13/8/10 at 02:47 PM |
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I'm pretty sure this comes under the Distance Selling Act (which is more favourable to consumers!)
http://www.oft.gov.uk/about-the-oft/legal-powers/legal/distance-selling-regulations/
Hope that helps!
Just to add, I think the easiest way is to claim the money back through Paypal!
Cheers,
James
------------------------------------------------------------------------------------------------------------
"The fight is won or lost far away from witnesses, behind the lines, in the gym and out there on the road, long before I dance under those lights."
- Muhammad Ali
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will121
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| posted on 13/8/10 at 03:00 PM |
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would log issue with paypal, it would seem the transporter has tried his luck (which is not uncommon) by not providing the necessary lifting equipment
in hope that someone else will assist with a forklift as did happen! issue is now you have got the goods loaded Alas by others)and delivered which was
the main part of the agreement, i would also go back to them with sudgestion of a counter charge from yourself for Aries for hire of a forklift +
driver to load their lorry at £208 (equivalant amount as they would charge you).
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deezee
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| posted on 13/8/10 at 03:02 PM |
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Reading the conversation the haulier told you they would provide transport in a wagon with a tail lift, and the use of a pallet truck to move the
crate.
If they failed to bring a pallet truck to move the pallet then they haven't kept their side of the deal. However a refund of £60 for failure to
provide a pallet truck seems like reasonable compensation.
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stevebubs
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| posted on 13/8/10 at 03:16 PM |
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quote:
Originally posted by deezee
Reading the conversation the haulier told you they would provide transport in a wagon with a tail lift, and the use of a pallet truck to move the
crate.
If they failed to bring a pallet truck to move the pallet then they haven't kept their side of the deal. However a refund of £60 for failure to
provide a pallet truck seems like reasonable compensation.
Not when they've charged him over £300 for use of said pallet truck....
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phoenix70
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| posted on 13/8/10 at 03:20 PM |
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quote:
Originally posted by deezee
Reading the conversation the haulier told you they would provide transport in a wagon with a tail lift, and the use of a pallet truck to move the
crate.
If they failed to bring a pallet truck to move the pallet then they haven't kept their side of the deal. However a refund of £60 for failure to
provide a pallet truck seems like reasonable compensation.
But if it had not been for Aries having access to a Forklift then the collection could not have taken place, surely the pallet truck was an essential
part of the contract. I would go for a full refund saying they were in breach of contract and negotiate to a fair settlement.
As others have said log a paypal dispute, if you paid with a credit card they will refund you instantly as they don't want the claw back from
the credit card company.
[Edited on 13/8/10 by phoenix70]
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deezee
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| posted on 13/8/10 at 03:48 PM |
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quote:
Originally posted by stevebubs
quote:
Originally posted by deezee
Reading the conversation the haulier told you they would provide transport in a wagon with a tail lift, and the use of a pallet truck to move the
crate.
If they failed to bring a pallet truck to move the pallet then they haven't kept their side of the deal. However a refund of £60 for failure to
provide a pallet truck seems like reasonable compensation.
Not when they've charged him over £300 for use of said pallet truck....
Yup just re read the OP. I'd go for a refund for the £300
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HappyFather
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| posted on 15/8/10 at 12:38 AM |
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Thank you all for the replies.
Just tried to open a claim on Paypal. It got instantly closed because it seems Paypal doesn't support claims on "goods not as
described". Otherwise I messed up when using that checkbox, since it wasn't goods but services 
Anyway, sent an email to Paypal asking about it.
I can still call VISA to get a chargeback, but I'm not sure if that's the right thing to do, because that will bite Paypal, that has no
fault on the matter.
By the way, I was reading "The Consumer Protection (Distance Selling) Regulations 2000" and I believe Shiply contracts are excluded since
they fall on the 5th point "Excepted contracts", line "(f) concluded at an auction".
Guess I'll just have to suck it up, no?
Thank you all again for all the replies posted!
HappyFather
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omega 24 v6
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| posted on 15/8/10 at 08:25 AM |
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I would not worry about paypal maye.
You are now in a mind set they want you to be in. It's not your fault but your'e going to " Suck it up".
Keep trying.
If it looks wrong it probably is wrong.
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indykid
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| posted on 15/8/10 at 10:27 AM |
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get onto visa NOW and get a claim in progress.
this isn't your fault and whether paypal want to act on your behalf or not, you have been charged for services not provided and the courier
should be taken to task on it.
if you raise it with your credit card company, it WILL get sorted, and paypal will pass the claim down the line to the courier
tom
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HappyFather
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| posted on 14/11/10 at 06:08 PM |
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Case closed
Hello, builders!
Thank you all for the support and encouraging me. I went to VISA for a charge back. Had to write a detailed document stating and sustaining my claim.
Besides the 315GBP refund, I stated I would consider acceptable the compromise situation of 190GBP refund (the 160GBP I mentioned previously
didn't account for a forgotten cost and the 5% paypal fee EB Cargo charged me).
VISA ruled out past 8th of November. I was refunded for the compromise value of 190GBP.
I'm pretty happy that EB Cargo's wrong actions did not go unpunished!
Thank you all once again! Best regards,
HappyFather
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omega 24 v6
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| posted on 14/11/10 at 08:56 PM |
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Nice one and good result.
If it looks wrong it probably is wrong.
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JoelP
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 posted on 14/11/10 at 10:19 PM |
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especially well done managing it from abroad.
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