Ordered a car part and it's arrived damaged

TomK_2

First off; VERY good site here! I've used it from time to time but finally decided/needed to join. Please bear with me here as it's slightly long-winded.

Long story short (kind of) I was looking for a 2nd hand front wing for a Peugeot 206 so I used one of those online 'brokers' where you fill in the details and they search their list of breaker yard contacts. In this e-mail (which I have a copy of) I even specified the colour code of the part I needed.
I recieved a call from a company in Blackburn (can I name people here?) saying they had the part I needed; me being very picky with my cars spent a good 10 minutes talking with the guy to make sure it was the correct wing, in the correct colour etc etc He was perfectly friendly and confirmed everything I asked, he even said something along the lines of 'Well if there are any problems you can just get your money back' Unfortunately I didn't think to record this phone call and now wish I had! I wouldn't normally order parts like this from places I can't visit firt but I was desperate for the part and as I say, the seller filled me with confidence.

It was couriered and arrived a few days later where my dad answered the door and signed for it. The packaging wasn't damaged at all and it was wrapped in plenty of bubble-wrap, however the courier didn't give my dad any kind of receipt as I expected he would.
Once I unwrapped it I found it was damaged and was the wrong colour so I took pictures and called up the breaker straight away, told them what'd happened and said I'd taken some pictures which I would send them. They didn't rule out a refund straight away and were instead very eager to see the pictures and go from there. A few hours went by and I'd heard nothing so I called up to see if they'd got the e-mail; one guy told me that his collegue was dealing with it and would get back to me as he was on lunch (again, perfectly friendly tone etc).....I heard nothing. I called the next day and there was no answer so I called a few hours later and finally spoke to someone. You can probably see where this is going and they are basically saying 'well you signed for it so that's that' they even tried saying I 'just said black' when I speficially told them it had to be non-metallic and gave them a colour code! They then said would speak to someone else and get back to me. Becuase it was so difficult to get hold of them I've had to wait the weekend and surprise surprise they haven't got back to me when they said they would.

As I'm having no luck with the seller I called the 'broker' instead and asked if they had any system in place if a customer was having trouble with a company suggested to them by their service and explained my situation. Basically I said we could argue until the cows come home over if the wing was damaged in transit or if it was sent damaged BUT the main unarguable fact is that it's the wrong colour. Again I'm waiting for a call now as he said he'd call the breaker and get back to me but does anyone have any advice?
Any help much appreciated.

vicshippers

1 - You can name companies here
2 - The issue with the damage is because of the courier's system, not the seller (TNT for examply refuse any claim that is made for damage unless the word 'damaged' is written in the signature box, Nightfrieght only entertain claims made within 7 days of delivery)
3 - You can't record every call you make to a company, if you did you would have to tell them each time you picked up the phone that you were recording. Presuming an issue with every company you deal with is pretty over the top.
4 - Your issue is with the seller, not the broker.

Did you receive any e-mail confirmation regarding the order when you placed it? Did they repeat anything back to you over the phone i.e colour,cost etc?

Personally, I would e-mail them requesting they collect the incorrect part they they supplied and then post the letter recorded delivery. If they don't get back to you after a couple of days call them and see if they have an update (although frustrating - it's always better to be friendly, civil and try and work it out with the seller first).

If it's not satisfactory then I would do a chargeback with my credit card.

If I didn't pay for it with a credit card then I would start a small claims process, at that point they are most likely to offer to settle. All I would aim for is a refund so that I could place an order with someone else.

I hope you get it all sorted!

TomK_2

Thanks for the reply.
Well the broker was '1st choice spares' and the seller that sold me the duff wing was '1st 4 Parts Ltd'.
I only mentioned recording the call becuase of what the person said when selling the wing; basically everything that they are now going back on now.

I recieved an e-mail from '1st 4 parts' quoting my original request and their reply saying that they had what i needed. When I called up they confirmed on the phone that it wasn't damaged, was in the correct colour, the price and the 'returns policy'.
I've been civil with them but they seem to have taken that as weakness almost and just try and fob me off repeating the same lies, that is IF I can get through to them which seems much harder now I've paid than it was when I was ordering...

TomK_2

Just to bump this quickly. I've spoken to my credit card insurers and they say I have to send the item back for them to start the re-claiming process.
However, if I send the item back (at my own cost!) and they refuse it becuase it's damaged, then what?

vicshippers

Take photos of what it looks like while with you and package it very well (this is all they can expect from you) if it arrives with them in a different condition than when it was with you - then there's a separate claim with the shipping company.

TomK_2

Hi there

Bit of an update on things:
I spoke to consumer direct who to be fair were very helpful, they advised me to sent a recorded letter stating a few consumer rights etc. 1st 4 Parts ignored this and did not refund me in the given time.
I was then told to send another letter which I did and again got no reply.
I am not going through the credit card insurance becuase of a) the cost being under the limit and b) Consumer direct's advice that clearly shows 1st 4 Parts broke several more serious selling regulations.

I am therefore looking at taking action through small claims court; can someone shed a little light on this, mainly where the court has to be, ie, closer to me or closer to them?

Thanks

KeithP

Most of the preparation can be done online.

Have a read of the Money Claim Online website. Good guidance there.

Brooker_Dave

TomK wrote: »

I am therefore looking at taking action through small claims court; can someone shed a little light on this, mainly where the court has to be, ie, closer to me or closer to them?

How much was the wing?

TomK_2

Thanks KeithP, I'll have a look through that site and call them up.

Brooker Dave, the wing was £42, not a massive amount I know but they have blatantly sold me a duff part and are now ignoring any attempt to refund me.

TomK_2

After trying to read up on this, I think there's a risk of information over-load.

Could someone please briefly explain a few things to me:
I keep reading that SCC is the last resort and there are other processes to try first like mediation, what are these processes and how effective are they?
If I was to use the courts, who has the say over where in the country the court needs to be? As I'm in Southampton and the company are in Blackburn, I'm hoping that if I was to state a court near me, it would put them off.
Generally what do people give my chances in this situation? As I truly feel I've been had and they are just ignoring me completely.

Thanks

4743hudsonj

TomK wrote: »

After trying to read up on this, I think there's a risk of information over-load.

Could someone please briefly explain a few things to me:
I keep reading that SCC is the last resort and there are other processes to try first like mediation, what are these processes and how effective are they?
If I was to use the courts, who has the say over where in the country the court needs to be? As I'm in Southampton and the company are in Blackburn, I'm hoping that if I was to state a court near me, it would put them off.
Generally what do people give my chances in this situation? As I truly feel I've been had and they are just ignoring me completely.

Thanks

i would say you have almost 100% chance for winning

as for ADR (alternative dispute resolution) such as mediation, its exactly what you have done, you have contacted them asking them for refunds etc etc, you have notified them of your intentions and they have failed to comply. so you dont have to worry about that.

as for the location

i believe its just the nearest county court to the claimant.

you will be seen before a district judge either in a room with large table, infront of their desk or rarely in an open court.

http://www.small-claims-court-support.co.uk/appearing-in-court.htm


that has some good pointers for your case