consumer urgent help needed with damaged delivery!!

wizardman_2

hi martin? or anyone please can you help with this!!

this amplifier below was purchased on my credit card on 03/12/2007,
and has a 3 year warranty.

who can be held resposible? credit card firm? retailer? manufacturer? service agent?
courier firm?

here is a copy of email i sent to superfi about my problem,
please read it all carefully before commenting,
thanks wayne



Dear superfi,

I have a 2 ½ year old £1000 ONKYO TX-SR875 Receiver amplifier that needed a manufacturer’s recommended firmware upgrade,

I looked up superfi on google and rang your shop in Manchester where I bought the item,(01618351156)

i was told to ring onkyo about it as it is still under their 3 year warranty, date of purchase 03/12/2007 from 54 bridge street m3 3bw Manchester.

onkyo.com (the manufacturer).

So I rang onkyo and they told me to ring genserve
Who are there authorized service agent in the UK and who deal with any needed firmware upgrades?

Upon contact, genserve promptly arranged collection of the amp via city link courier; it was packed very well by me, however arrived to them with some damage,
genserve never notified me of this, repaired the item and sent it back to me,

On return to me via city link courier I signed for it as unchecked,
The packaging seemed insufficient for the weight of the item!
After close inspection I found the note about repairs and what had been fixed, and I also noticed Evan more new damage!

I contacted genserve and again they sent out courier to collect a now well packed amp, it arrived to genserve with no further damage and all previous damage was then "repaired by them"?
And they again sent it back to me via the same city link courier,

Upon receipt from city link the driver said he could not wait for me to inspect amp,
So I signed for it again unchecked,

This time it looks like someone has hit the back of it with a sledgehammer!! And it was insufficiently packaged yet again!
The damage looks beyond any repair as the back of the unit is completely caved in!!

By the way, all the courier visits have been paid for by either genserve or onkyo and arranged by them.
.
I have now really had my fill of it all!

So I rang genserve yet again! And asked them to send me a new amp out because of all the trouble and plus damage not caused by me but them or their courier firm,

All they said they can offer me is a like for like replacement i.e. same model but used/repaired previously faulty item with a few months’ warranty left!

Now I find this unfair as my amp was in pristine condition and has had very little use for its age, few hours a week at most! Also it has never been damaged or needed to be repaired, so why would I want what they are offering me?

This cannot be right, if they only offered me half my money back I could buy the same model brand new with 3 years warranty from another retailer.

Please can you help me out with this, as i did buy the amplifier from you! and I think these people are at fault and just fobbing me off by shunning their responsibilities,
I would like to know if and how I may proceed to legally claim against them for this damage to my property and who should be held responsible for paying towards a new one or replacing it with another model.

ps i have already previously spoken at length to Mitch Tyler @ onko uk sales and Richard @ genserve and got nowhere with them when it was originally damaged! so I'm not holding my breath this time about the latest episode!
however i will obtain correct legal advice from someone I'm sure and it will get sorted out eventually,

Thanks
Wayne

jonesMUFCforever

You have a claim against the courier nobody else.
You have no claim at all under S75 of the CCA.

PNPSUKNET

the carrier would just say not good enough packaging, but with the age of the item a refurb is a reasonable offer

wizardman_2

jonesMUFCforever wrote: »

You have a claim against the courier nobody else.
You have no claim at all under S75 of the CCA.

i have not arranged or paid for a courier so how could i claim from them? everythinng was done through genserve by them.
thanks

wizardman_2

PNPSUKNET wrote: »

the carrier would just say not good enough packaging, but with the age of the item a refurb is a reasonable offer

they have not offered me a refurb,
and my unit had little use, so not much wear, and it was in mint condition,
also they only offer previously used/broken then repaired units,
if that is a refurb then i don't want one, i would rather have pro/rata compensation, based on use age and condition of amp before they smashed it to smithereens!
and could i not take them to small claims court and sue them for damages? that way i would get enough money to buy a like for like item, and probably new one as price come down now on the onkyo 875's
thanks ...wayne

wizardman_2

problem solved!
i'm happy with outcome,
fault was with courier not genserve or onkyo!
thanks for you help!!
regards wayne