OK, where do I stand?

MickKnipfler

I returned a faulty DVD recorder to the retail outlet under the terms of the warranty.

The manufacturer apparently offered to replace the unit rather than repair it.

After nothing had been received for a few weeks, I asked the shop when I could expect delivery.

The shop said the item had been delivered and that I signed for it. I was then emailed a poor copy of the signature. Although it was bad, it didn't resemble my own signature.

I have now sent examples of my signature and printed name to the shop and also informed them that I was not at home on the day in question.

I have asked the shop to inform me what they intend to do to resolve the issue.

Am I correct that it's their problem and not mine?

superscaper

I'd say so, not your fault the postie thieved it. Down to the shop to claim back off the royal mail/courier, although they'll probably need your statement as supporting evidence. But as far as I can see it's the shop's resposibility to ensure you get the dvd recorder.

gyzmo

Seems to me like they are pulling a fast one from what you say.
Ask them for the tracking number of the delivery. If they sent it by recorded delivery, then they will have this and the item can be traced.

In the (likely) event that they do not provide it, then i would be minded to contact Trading Standards. I'm no legal expert, but I wonder if the police should get involved, as what has been described sounds something like fraud.

superscaper

gyzmo wrote:

I'm no legal expert, but I wonder if the police should get involved, as what has been described sounds something like fraud.

I'm no legal expert either but any kind of document where someone has falsely signed your name to me would constitute fraud and maybe you should mention to the company that you are considering taking it to the police.

MickKnipfler

They have sent me a copy of the Proof of Delivery from the courier. Somebody has signed and printed my name. It doesn't look like my writing though. They are filing an insurance claim and reporting the matter to the police so I would assume that and dodgy dealing is probably being done by the couriers.

I've told them that I'm happy to co-operate but am asking for a replacement unit in advance of any claim being settled.

They say that it's too late to claim off the courier and are suggesting that I should have told them earlier.....I would have if I'd known they had sent it!

Frell

This cases cal for an E-mail to the BBC Program Watchdog, As they will see if there has been the same type of thing going on. Be it with the shop or who ever had to bring it to you.

gyzmo

You can do, but Watchdog get so many requests for investigations that they can only select those that are of public interest, i.e, those which affect a lot of people and there have been a few reports or which is a growing concern or cost quite an amount of money.

It is not really the correct medium for resolving a situation like this.

Frell

gyzmo wrote:

You can do, but Watchdog get so many requests for investigations that they can only select those that are of public interest, i.e, those which affect a lot of people and there have been a few reports or which is a growing concern or cost quite an amount of money.

It is not really the correct medium for resolving a situation like this.

Yeah but we don't know how many other people have had this trouble, So it might be just worth it, An e-mail don't cost nothing to send, Same as going to trading standards.

southernscouser

I was always under the impression that if you had faulty goods you were entitled to an immediate replacement or refund from the place you bought it. Not the manufacturer! :think:

gyzmo

Obviously if it was affecting a large number of people, then they may get involved, but:
1. The program has no legal affect, all they do is ask questions and forward evidence to the relevant authorities
2. It can take a while for it to be aired. they have to consider scheduling, as well as time to film etc.
3. you won't know if it will be taken up until they tell you. Lots of requests simply fall by the wayside and go unanswered.
4. The issue needs to have appeal to a wide audience, and so the issue must (potentially) affect a lot of people or be something in the news.

Trading Standards will investigate a complaint where there is a breach of consumer protection legislation that you have tried and failed to resolve yourself. Their help is also immediate, and does not need to have the glamour to appear on TV, and the service is also free of charge. they are also more than likel to know if something like this is a one off or if it is a regular occurrence, and can also act a lot more quickly and appropriately than a TV show can.

don't get me wrong, I love Watchdog and find it gives some good consumer advice, but it comes nowhere near to the effect and necessity that Trading Standards and similar services have.

gyzmo

southernscouser wrote:

I was always under the impression that if you had faulty goods you were entitled to an immediate replacement or refund from the place you bought it. Not the manufacturer! :think:

That is correct. If you buy something, your contract is with the seller, not whoever made it. If you do try and return an item to a seller and they ask you to return it to a manufacturer, do not accept it. They are merely trying to avoid their legal obligations.