Consumer Rights: MoneySavingExpert.com discussion

Unity

dimebar wrote: »

Hello everybody, this is also my first post so please bear with me.

In September of this year, I purchased what was described as a 'Brand New Nokia 6500 Slide Mobile Phone'. The phone was decribed in the ebay listing as 'Unlocked to all Mobile Networks' and also came with the following accessories - spare battery, stereo headset, USB cable, Software disk and memory card (ebay listing No - 320299633110). Unfortunately, when I recieved the phone a couple of days later I discovered that the phone was 'Locked' onto the Orange network and all the accessories were missing!:mad:

I liked the phone and so decided I wanted to keep it. I took the phone to the local mobile phone unlocking service and 'Unlocked' the phone for a sum of £40. I contacted the seller and informed them that it had cost me £40 to unlock the phone that was advertised as 'Unlocked' in the first instance. I also asked the whereabouts of the missing accessories that were advertised with the phone. The seller admitted that the phone was 'Locked' onto Orange, but would only offer me £20 as a refund. The missing bits were in the post he claimed.

On the 3rd October I received a package from the seller that contain a USB cable and a software disk. BOTH THESE ITEMS WERE FOR THE NOKIA 6330 MOBILE AND THEREFORE NOT COMPATABLE WITH MY NOKIA 6500 SLIDE. I now think the seller is taking the p**s!!:mad:

I had paid for this phone using Paypal and have now used their 'dispute console' to hopefully claim back some of the money. Is the Paypal Protection worth a light? If I'm not successfull using Paypal , what are my chances going to the Small Claims Court?

Any advice would be appreciated. Thanks

Just to say that I've also had this problem on eBay - it was a company selling both home and mobile phones and they turned out to be complete fraudsters. Like Art I went through the dispute procedure. Subsequently I was contacted by other eBay members who'd had problems and the case was taken up by the BBC's Watchdog. At that point eBay banned the company and PayPal refunded my money.

Shame it has to get to that stage, but sad to say the company had already admitted in an e-mail that if banned, they'd just wait a few months and re-join with another identity.

Believe it or not, I'm still getting letters from the Post Office, because the company - known by around 14 different names, are trying to claim for the phone they say was lost in the post. Daft thing is I kept the e-mail where they stated they'd cancelled the order :rotfl:.

Good luck

foggyrossi

Hi, looking for some advise on where to go next.

Bought a laptop from an internet site using paypal for £600 +. Time frame for delivery 6-8 days. This delivery time period came and went and we began to chase the laptop only to find the web site is no longer live. Also used email address' supplied with order and have never received a reply. Opened a dispute with paypal that they straight away escalated to a claim (presume thay had other diputes from other buyers). Advised by paypal that the seller had 10 days in which to respond. That 10 days was up yesterday and we have received a very automated email from paypal stating that although they have ruled the claim in our favor as the seller has no funds in their paypal account they can refund £0 to us. After spending a very lengthy amount of time on the telephone to paypal this evening they have virtually said that unless the seller ever deposits funds back into their account the chances of us ever getting the money back are slim. Have reported this matter to the police as from carrying out our own searches through Google it does appear that this company have tricked others out of their hard earned cash also. We paid for this laptop with a Visa Debit card and have contacted the card issuer but need to take this further with them. Does anyone have any advise as to what our next step should be. Paypal have given us an address in Dublin if we want to make a complaint but they just keep quoting to us that "they do not guarantee a refund unless the sellers account has sufficient funds to do so" even though they have ruled in our favor !!!!!!! Any advise would be great.

Unity

foggyrossi wrote: »

Hi, looking for some advise on where to go next.

Bought a laptop from an internet site using paypal for £600 +. Time frame for delivery 6-8 days. This delivery time period came and went and we began to chase the laptop only to find the web site is no longer live. Also used email address' supplied with order and have never received a reply. Opened a dispute with paypal that they straight away escalated to a claim (presume thay had other diputes from other buyers). Advised by paypal that the seller had 10 days in which to respond. That 10 days was up yesterday and we have received a very automated email from paypal stating that although they have ruled the claim in our favor as the seller has no funds in their paypal account they can refund £0 to us. After spending a very lengthy amount of time on the telephone to paypal this evening they have virtually said that unless the seller ever deposits funds back into their account the chances of us ever getting the money back are slim. Have reported this matter to the police as from carrying out our own searches through Google it does appear that this company have tricked others out of their hard earned cash also. We paid for this laptop with a Visa Debit card and have contacted the card issuer but need to take this further with them. Does anyone have any advise as to what our next step should be. Paypal have given us an address in Dublin if we want to make a complaint but they just keep quoting to us that "they do not guarantee a refund unless the sellers account has sufficient funds to do so" even though they have ruled in our favor !!!!!!! Any advise would be great.

Go to post #1599 on this thread from derrick where you'll find the land-line numbers for Consumer Direct who will no doubt advise you and possibly pass it directly to Trading Standards.

Phone them tomorrow and they'll take details over the phone and give you a reference number. If they transfer the case to Trading Standards they must reply within three working days, hopefully with a plan of action.

I really hope you have better luck and get your money back.

Art_2

foggyrossi wrote: »

Hi, looking for some advise on where to go next.

Bought a laptop from an internet site using paypal for £600 +. Time frame for delivery 6-8 days. This delivery time period came and went and we began to chase the laptop only to find the web site is no longer live. Also used email address' supplied with order and have never received a reply. Opened a dispute with paypal that they straight away escalated to a claim (presume thay had other diputes from other buyers). Advised by paypal that the seller had 10 days in which to respond. That 10 days was up yesterday and we have received a very automated email from paypal stating that although they have ruled the claim in our favor as the seller has no funds in their paypal account they can refund £0 to us. After spending a very lengthy amount of time on the telephone to paypal this evening they have virtually said that unless the seller ever deposits funds back into their account the chances of us ever getting the money back are slim. Have reported this matter to the police as from carrying out our own searches through Google it does appear that this company have tricked others out of their hard earned cash also. We paid for this laptop with a Visa Debit card and have contacted the card issuer but need to take this further with them. Does anyone have any advise as to what our next step should be. Paypal have given us an address in Dublin if we want to make a complaint but they just keep quoting to us that "they do not guarantee a refund unless the sellers account has sufficient funds to do so" even though they have ruled in our favor !!!!!!! Any advise would be great.

As a matter of interest what was the seller's ebay rating? Unless the seller has money for all the claims, legal action to recover is not going to do you any good. I would continue with the action you have started with the police.

Also keep onto your bank. Debit cards don't offer the same protection as credit cards but some banks will honour them as if they were a credit card.

Regards,
Art.

foggyrossi

Art wrote: »

As a matter of interest what was the seller's ebay rating? Unless the seller has money for all the claims, legal action to recover is not going to do you any good. I would continue with the action you have started with the police.

Also keep onto your bank. Debit cards don't offer the same protection as credit cards but some banks will honour them as if they were a credit card.

Regards,
Art.

Thank you for your reply.

Although this was a paypal payment it was not through Ebay, just an internet site who used paypal as their method of payments.

I am going to speak with my bank and also the police as paypal have as yet
offered no further assistance.

Thanks for your advice.

Foggyrossi.

derrick

Art wrote: »

Also keep onto your bank. Debit cards don't offer the same protection as credit cards but some banks will honour them as if they were a credit card.

Regards,
Art.

foggyrossi wrote: »

I am going to speak with my bank.

I agree with Art that debit cards do not offer the same protection as credit cards, but they do have some protection, from this page about "Visa debit card chargeback"

Visa debit card
A Visa debit card offers significantly better protection for shoppers. Their scheme is called Visa Debit Chargeback and any bank that issues a Visa debit card has to comply with the scheme.
You can claim money back if the goods you buy are damaged, or the product or services are not delivered.
There is no limit on what you can claim. But you have to claim within 120 days of the date you expected the goods to be delivered or the firm going bust.

I have a Visa debit card, but my bank says it hasn't heard of the Chargeback scheme. What should I do?
Unfortunately, a number of Working Lunch viewers have found this.
But a spokesperson for Visa Europe stressed that all legitimate claims that abide by the terms and conditions should be dealt with.
He told us that all banks who are members of the scheme should comply with the rules. The members include Nationwide, Barclays, Halifax, and Lloyds TSB.
So you will just have to insist, or ask to speak to someone more senior.

madmarky25

hi there this is my first post.

my girlfriend purchased a 26in lcd tv from asda back in 5/01/07
the make is a dual tv and they have no longer any more by this company.
2 weeks after a year of having the tv we started having problems with it.
when you switch it on the tv has a black screen but you can hear the channel it is on but with no picture.
I phoned asda to complain but was told that we should have taken the extra warrenty when we purchased it.
I was told that the tv should last longer than a year from a friend and have phoned asda 3 to 4 times a month to tell them to fix it but they say its not there problem. where do we stand at the moment as the tv was bought to replace the old tv which lasted for 4 and a half years and we dont have the money to buy a new one.

thanks mark.....

angy141

Hi I have a problem with woolworths online,
On the 21st September I ordered the double silentnight cerise chillout bed for £339.00 I paid and recieved confirmation e-mail and delivery date of 8th October .
I tracked the order every day which still confirmed delivery tommorrow.
I e-mailed woolworths today to check it was still coming and they e-mailed back saying it was.
At 3.30 today woolworths rang me to say the bed was'nt coming as the supplier could not give them a delivery date and would I accept a refund as they cannot give me a delivery date the woman said that she would take the refund if she was me as delivery could not be guarateed.
I told her I would phone her back as the bed is for my daughter.

The bed is a cerise pink colour all over with couch shaped headbords on 2 corners and as my daughter has autism she picked this herself because of the colour and shape.
We also decorated her room to match the bed and I recieved a grant from the familyfund for new wardrobes so her room was all brand new.
I decided to phone Silentnight direct to query this and they informed me that supply is not a problem and thatb they could not find me order through woolies.They said the bed is made to order and they could deliver within 2 weeks as soon as woolies sent them the order.
Silentnight also said they sell the bed for £549.00 which is £200 dearer than woolies.
I phoned Woolies with this info and asked to speak to the manager who informed me that silentnight did not give them that info when they contacted and that he would look into this and ring me straight back.
Up to now he has not rang back but what I need to know is have I any rights concerning this sale as I think woolworths undercut themselves with this price and are not going to honour this and I cannot afford the £549 from silentnight .
My daughter is going to be so dissapointed anyway now tommorrow and I think Woolies are just fobbing me off Please help me what to do next.

ish

I ordered carpets and paid deposit over £1500. Company (Partnership) failed to deliver nor refund the money for over 8 weeks. I have taken Legal Action and have got the CCJ under his name and Warrant of Execution. The company gave the cheque to the bailiff but bounced. Bailiff cannot take further action since they can't forcefully enter home premises and there isn't much value in his business which the bailiffs can sell. he doesn't own any of his cars. Its seems that i have hit a "brick wall" and can't see how i can get my money back. I have spoken to Solicitor's and said that when someone knows the loopholes then there isn't much luck. Any Advice?? Any question you may have please ask so you can understand and help me out.

Art_2

ish wrote: »

I ordered carpets and paid deposit over £1500. Company (Partnership) failed to deliver nor refund the money for over 8 weeks. I have taken Legal Action and have got the CCJ under his name and Warrant of Execution. The company gave the cheque to the bailiff but bounced. Bailiff cannot take further action since they can't forcefully enter home premises and there isn't much value in his business which the bailiffs can sell. he doesn't own any of his cars. Its seems that i have hit a "brick wall" and can't see how i can get my money back. I have spoken to Solicitor's and said that when someone knows the loopholes then there isn't much luck. Any Advice?? Any question you may have please ask so you can understand and help me out.

You could take him before a court to have his financial position investigated and the court will decide if he is able to pay anything to you. If you get anything it could be a very small weekely/monthly payment. Apart from that I fear you have lost your money.

It may be worth contacting the Police. If this has been done a number of times there may be a case of fraud that they will follow up.

Regards,
Art.