Ebuyer - returned item to the wrong address!

brundle

mdbarber wrote: »

common sense or natural justice dictates that there must be some legislation somewhere to state that ebuyer have a duty of care when handling goods belonging to others, this will extend to liability if goods are lost,
really OP, give ebuyer warning by recorded delivery to their head office that unless you are either supplied with your fixed tv/sent a replacement/compensated with refund in a reasonable time (14 days?), that you will pursue the matter through, the courts.
SOGA also places restrictions on warrenties such as such repais must not unduly inconvenience etc so theres a secondary attack if needed.
As you may have seen from my thread this matter if fought can take over a year to conclude so i would get the ball rolling now.
I very much doubt you will lose if you keep things simple, any help required with forms?, pm me
forget the police you have had no clear criminal offence commited against you so total waste of time.

I'm afraid I've been sending them recorded delivery letters threatening legal action for the last few months but they've flat out ignored my latest correspondence. Trading Standards also contacted them on my behalf but again they refused compensation.

Anyway, I'm filling in the N1 form and I'm struggling with the 'Particulars of claim' section. Should this be strictly dates of when I've contacted ebuyer, what their response has been, etc? Should I put the reasons why ebuyer has said they are refuting my claim (they said they 'amended' my invoice, the billing address nonsense, etc) or just leave that for them to respond to themselves?

Also, when this form is completed, is it sent to ebuyer and there giving the option of settling it or taking it to court? If they do take it court, does that mean I will have to be their in person, or can a judge settle it themselves?

I'm sorry for all the questions but this is my first time doing anything like this and I want to make sure its done properly. I've only just managed to get all my letters and dates correct this week, so I want to get the form done this weekend and out of the way hopefully!

Many thanks

brundle

Hi all!

Just a quick update for anyone still following this palava. It's going to be heard at the small claims court in August. Thought it would have been solved by now in all honesty, but it's going to hearing.

Bit worried, especially as I can't attend for various reasons and so have to send all my documentation to the court and hope for the best.

Does anyone know what will happen if I don't win? Will I have to pay ebuyer their court costs?

DianneB

Good luck Brundle, let us all know how it goes. Really hope you get it all sorted out in your favour.

hotbern

Good luck.
Here's hoping reason and common sense win the day.

Let us know how you get on.

It's disgusting how companies can treat their customers this way. All they needed to do was put their hands up to a mistake they made and give you a new television, after all, they can certainly afford it.

Best wishes, be strong!

brundle

Almost a year later, but I finally got my money back!

Had a letter from the court saying that ebuyer would pay the full amount (plus small claim costs) and they paid it straight into my bank account. No letter or request for bank account details or anything, and no further letters after that. Didn't hear a pip from ebuyer either, unsurprisingly.

Not quite sure whether it actually went to court or not - I had already informed the court that I couldn't attend - as I think the payment went in before the hearing, but oh well!

shellsuit

brundle wrote: »

Almost a year later, but I finally got my money back!

Had a letter from the court saying that ebuyer would pay the full amount (plus small claim costs) and they paid it straight into my bank account. No letter or request for bank account details or anything, and no further letters after that. Didn't hear a pip from ebuyer either, unsurprisingly.

Not quite sure whether it actually went to court or not - I had already informed the court that I couldn't attend - as I think the payment went in before the hearing, but oh well!

About bloody time too lol! :j

Glad you got the money back, I love a good ending, especially when the OP comes back to update the thread! :T

marleyboy

Excellent news, I would strongly suggest you never use Ebuyer again, chances are they settled out of court, as there is no way you could be blamed for their mishap, The irony is had you collected the Telly, you could have played them at their own game and simply stated "I never received it".

Well done OP, go treat yourself to a flashy new telly (not from ebuyer of course)

BeenieCat

The best part is, i bet your telly is cheaper now, a year later, so you can probs get a better one

brundle

Hah, yeah I bought in 2007 so I was half expecting them to dispute the monetary value of it. Don't worry I've already treated myself to a new one.

It was a lot of hassle and stress (especially at the beginning), but I'm glad it got sorted in the end. Thanks for all the help in the thread, and my excuse to vent throughout!

Oh and don't worry I'm never going to touch eBuyer again. Shame because I've probably spent thousands with them throughout the past 6 or 7 years. I'm just curious about the guy who ended up receiving my old TV now...I doubt they'll bother pursuing that now.

Starteck2002

Well it looks like ebuyer just didn't learn from this...

The exact same thing has happened to me. Parcel was sent to my old address but whoever lives there was out so they dropped it next door. I have been to the house they delivered to 4 times now and have had no response. Couriers will not get involved, ebuyer will not get involved. They have pointed me to one line in the myriad of emails they sent me which states:

"If you require a replacement to be shipped to an alternate address than your original order, please call us on 0871 521 33 00 to arrange. If we do not hear from you we will presume you wish the replacement to ship to the original shipping address and we will not be liable for any missing items."


The above paragraph is buried in an email and at no time was i advised the replacement would be shipped to my old address. It wasn't until i saw the items had been delivered on the tracking site that i realised something was amiss.


I moved from my old address 13 months ago and ebuyer have delivered to my new address many times ever since i moved. They collected the RMA'd items from my new address but chose to ship the replacements to the old address - do they have any logic at all? I spoke with a CS Rep at ebuyer when choosing replacements for the faulty goods - they could have very easily said 'by the way, the shipping address is different to your current address' - would have saved so much time for all involved.


I spoke with a line manager at ebuyer yesterday who i found to be very rude and unhelpful - she has said that this is not ebuyers' problem.

Any suggestions on what to do next?