section 75 successful, merchant threatening me

meer53

slup wrote: »

So you'd be happy to lose a day's income to sort out a problem that was not of your making?



You don't sound too laid back to me! You're panicking about DCA's (who have no legal teeth whatsoever), and proposing to run around after a retailer who at face value is in the wrong.

Yes i would, and i'm not panicking about anything, it's not my problem.:rotfl:

slup_2

Yes, I realise it isn't your problem, but you are saying that if it was your problem, you'd take time off work and spend your own money resolving an issue when you didn't have to.

What i was saying in my previous posts was that if i were in the OP's position and i was threatened with a DCA, then i would do whatever i could to get the goods back to the retailer, regardless of whose fault it was.

What does the DCA have to do with anything?

ILW

I wonder what the "wrong goods" actually means in this case, or whether it is a matter of not quite what OP was expecting, or possibly wrongly ordered.

chattychappy

Settling any dispute usually involves costs on both sides. The mature thing to do is realise when it's worth coughing something up in order to end the matter.

Even if you win a case in court, you rarely get all your costs back - contrary to popular opinion. If your conduct has been less than reasonable you will probably get even less.

Consumer rights legislation has emboldened people to take a stand on principle. All well and good, but that is perilous if the matter is petty. Courts don't like their "precious" time wasted.

If the OP is missing limbs, lives in the countryside, the product ordered was a USB stick and instead a tonne of ballast was dumped in the front garden, then clearly the sensible route is different from what it would be if, say, a fit chap like me who lives near a post office and receives a 32Gb stick instead of a 16Gb one. However the "principle" is the same.

meer53

slup wrote: »

Yes, I realise it isn't your problem, but you are saying that if it was your problem, you'd take time off work and spend your own money resolving an issue when you didn't have to.



What does the DCA have to do with anything?

Thats right Slup, i did say i would take time off at my expense to resolve this issue, why are you surprised ? (see ChattyChappys post above, re cost effectiveness)

In their original post, the OP stated they were expecting to hear from the debt collection agents shortly, they were asking for advice as to what to do if they received anything from them. Did you read the original post or not ?

jamesd

meer53 wrote: »

I don't think we have enough facts about this scenario to decide whether the sellers request for a restocking fee was "illegal" the OP has declined to tell us what he bought.

What the OP bought is entirely irrelevant because it wasn't supplied, something else was.

The exceptions to returns cover cases where goods are opened or where ordered custom made, perishable or similar were ordered and correctly supplied. Those won't apply where the wrong goods are delivered - you can't throw away consumer rights by supplying a custom made item if the consumer didn't order that custom made item.

Opening a wrongly supplied CD, DVD or software could be an issue, though.

meer53 wrote: »

I am also out at work all day with no-one at home but there are always options available if i need to accept a delivery of something or get something posted. I realise that retailers can't work around my life, i have to work around their ability to get things to me.

Retailers can and must work around your availability. That's even more important when they have supplied the wrong goods so you are receiving no benefit by helping them. There are couriers who will deliver in the evenings (like TNT) while others like UPS are extremely unfriendly for consumers, using working day only hours with no ability to give a time range during the day. A retailer using UPS is effectively saying that they insist on you losing a day's work or for a night worker, staying up all "night" so they can use their preferred shipper.

The shipping methods used are very important and make a big difference to my willingness to order from places. If I know a place wants to use UPS I definitely won't order from them.

If I was to stay away from work to receive a delivery the cost to me would be 1/250th or so of my annual income. That's a very expensive delivery option and a retailer needs to be aware of just how expensive it is so they can offer more sensible delivery options.

meer53 wrote: »

What i was saying in my previous posts was that if i were in the OP's position and i was threatened with a DCA, then i would do whatever i could to get the goods back to the retailer, regardless of whose fault it was. Maybe it's just my view

Yes, it's your view. The supplier got it wrong and the onus is on them to make extra effort to put things right, not on you.

lisyloo

Settling any dispute usually involves costs on both sides. The mature thing to do is realise when it's worth coughing something up in order to end the matter.

I do totally agree with the sentiment that it doesn't pay to be petty.
If it's a USB stick then the answer is very simply put it in the post.
I have certainly let things go in the past where it simply isn't worth the hassle.

However if the item was heavy and was expensive to send, the neighbours were out at work and I could not work from home, then I would certainly not be prepared to give up a days annual leave (or take unpaid leave at the cost of a few hundred quid) for someone else's mistake.
I would send a collection request by recorded delivery and keep all correspondance so that I could if necessary prove that I had made "best efforts" to have the item collected.
I am certainly not laid back about losing my annual leave, it's very valuable to me and I don't just mean financially.
I agree that cost effetiveness does have to be taken into account, but for some of us it's not cost effective AT ALL to take a day off.
So what do you do when there really is no cheap or cost effective solution available?

As other have pointed out (directly or not). Not all DCA letters are correct and justified.
I would be relatively laid back if I had made multiple documented efforts to get the item(s) collected.

chattychappy

jamesd wrote: »

What the OP bought is entirely irrelevant because it wasn't supplied, something else was.

You are taking that as a fact. Given the retailer's response, I questioned (and I think meer53 did too) if it really was so clearcut. The OP has just said the wrong goods were delivered and not clarified since.

If the goods were "wrong" down to OP error, then the Distance Selling regs might help, subject to the exceptions and cancellation taking place within limit.

jamesd wrote: »

Yes, it's your view. The supplier got it wrong and the onus is on them to make extra effort to put things right, not on you.

It's my view too, though I wouldn't take a day off work for it. For me, sending something back is easier than hanging around waiting for a courier to collect. It is also easier to track and prove. It is certainly important to know your rights and where the "onus" is, but being dogmatic about it may not result in the most cost-effective solution for the OP.

lisyloo

For me, sending something back is easier

For a fit chap like you that lives near a post office yes :-)
I've certainly had to return items I could not lift before now.

It is certainly important to know your rights and where the "onus" is, but being dogmatic about it may not result in the most cost-effective solution for the OP.

I totally agree.
What we don't know is whether the OP is being dogmatic or whether there is a genuine issue with collection/sending.

meer53

lisyloo wrote: »

For a fit chap like you that lives near a post office yes :-)
I've certainly had to return items I could not lift before now.

I totally agree.
What we don't know is whether the OP is being dogmatic or whether there is a genuine issue with collection/sending.

Seeing as the OP hasn't been back on to reply to any of the posts about what he ordered i don't think we'll ever find out the right story do you ?

He says he spoke to the police about the seller about their "aggresive behaviour" towards him, there's definately more to this story than we are aware of !

Anyway, we're all entitled to our opinions aren't we ? I'm lucky in that where i work, if i need to take time off for things like this they're quite happy for me to do this as long as i make the time back up whenever i can. I work for a well known bank so i suppose thats quite unusual, but quite often i end up staying after the end of my shift working on an ongoing query so it works both ways.