AJM Shopping Ltd online site, refund refused on faulty goods. Advice needed!

clj49

Hi all, this is my first post on this site and i really want to raise consumer awareness regarding an online shooping site called AJM SHOPPING LTD. They supply gazebos and other leisure items.
I purchased a market stall/gazebo from them a few weeks ago (cost £185.00)and was shocked at the poor quality of the item. The product had several faults, in particular the canvas sides were at least 10 inches too small to fit the framework. We phoned AJM shopping Ltd on a number of occasions and had to deal with blatantly rude customer advisors who didn't care less about the problem. A refund was refused and A replacment canvas was sent out with all the same problems. After complaining again, AJM Shopping Ltd agreed to refund the item but are refusing to pay the postage costs to have it returned to them. I have phoned around for courier quotes and its going to cost about £100 to have it sent back.
I have spoken to trading Standards who have pretty much said that whilst it is contract law that sellers are responsible for the cost of returning faulty items there is nothing they can do to enforce it and that I should return the item again stating for case for a refund on P+P charges and hope for the best!!! Which seems pretty pointless as AJM Shopping lTD have already refused, despite it stating in their own terms and conditions that they accept responsibility for carriage charges for faulty items.
What really worries me is that if I do pay the £100 to have it returned (Lowestoft - Yorkshire) there is still no guarantee that the company would refund my money for the faulty product and I would be even more out of pocket. Again Trading Standards have said that they don't have the power to legally enforce it and it would be down to me to seek a refund through the small claims court.
Does anyone have any advice about what to do I really want to get my money back as it was an expensive item which is currently completely unusable, I always thought that Trading Standards offered some kind of protection against rogue companies that refuse to give consumers their statutory rights but it looks like I am mistaken????
Any help would be much appreciated, Carly.:p

gyzmo

I am quite surprised by the response received by Trading Standards. They do not take direct action unless criminal law is involved, but in matters of civil law they should negotiate on your behalf, and even provide representation in court if necessary. Which local authority do you live in? (pm me if you don't want to give it out in public)

Darksun

Send a letter recorded delivery to the company telling them they have 14 days to give you a refund or you'll take legal action. I believe you can now file small claims online, can't remember the website address (it's on this site somewhere)

clj49

Hi I live in Waveney, the Trading standards for my area is based in Ipswich. An advisor contacted the company and was told that they would give me a refund provided I arranged delivery of the item back to them - and paid for it - He has asked them to cover the costs of P+P and pointed out to them that this is my right, but the company are refusing to budge. As a way forward he advised me that I should send the item back at my own cost but put a detailed letter in stating my case for reimbursement. To date I have phoned the company numerous times, emailed once and already sent a detailed letter threatening legal action to which they didn't even bother to reply. AJM Shopping have been really rude on the phone and I have a feeling that should I send the item back they will still refuse to refund money. At the moment I think they are counting on the fact that it is a heavy item to post and that i probably won't bother. I can't understand why trading Standards are unable to enforce consumers legal rights and can only offer advice/negotiation. Surely its not right that you can pay £185 for an item, and then have to pay a further £100 to have it returned!

BFG_2

Send them letter giving 14 days to refund ALL money....then

Take them to the Small Claims Court - piece of cake. www.moneyclaimonline.org.uk ...might be .co.uk??

Costs about £30 which hgets added to the claim, make original claim 100% online, then if they don't submit defence (14 days approx), file for judgement online (about 3 clicks of the mouse). If they defend (90% won't) then other simple forms by post and then possibly an hour or two in your LOCAL court. Small claims isn't 'proper ie formal/fancy wigs, etc'...it's a sit down at a table and explain to a judge (no wig etc) and he/she make sa decision.

HTH

Darksun

http://www.moneyclaim.gov.uk/

deanos

Will it cost you £100 to send it nack tho have you had any quotes ?

clj49

Okay thanks guys, quotes for return costs via secure couriers ranged from £97 to £116. Lots of courier companies wouldn't deal with us as we don't have a company account. If I file a claim for refund do I need to have sent the product back first (i.e. paid the courier charge.)

gyzmo

It does appear taht Trading standards for your local authority only get involved if there is a breach of criminal law (different authorities vary in the action they will take). the most that they will do is offer advice, which means that it is up to you to take action.

You certainly do have a case, but you need evidence that the goods breach SoGA. I would take photographs (if possible) of the erected tent, and write down a full description of the problems. If you can, record any conversation that you have over the telephone (you do need their permission first, just say that the call is being recorded - they might not know what you are on about) or better yet, get their response in writing.

If you go to court, I see no reason why you should lose. Having rights is one thing. Enforcing them is another.

best of luck

deanos

clj49 wrote:

Okay thanks guys, quotes for return costs via secure couriers ranged from £97 to £116. Lots of courier companies wouldn't deal with us as we don't have a company account. If I file a claim for refund do I need to have sent the product back first (i.e. paid the courier charge.)

What are the dimentions and weight of the package to be returned ?

clj49

The gazebo weighs about 50 - 60 kg there are 3 packages all togehter 2 cube boxes approx 60cm squares, and one long package about 2 and half metres long by 60cm wide by 30cm deep approx. :mad: