damaged goods - my rights

sheila98765

I recently ordered a chest of drawers. I paid a deposit through Paypal but not the full balance. They have been delivered but they are damaged. I notified the company the same evening and they said they would provide a replacement. They called the next week to arrange but stated that they could only collect the damaged chest on a Wednesday. I informed him that this wouldn't be any good as we are both at work out of town and cannot be home. I also let him know my husband is home on a Monday or I can be home by 4pm any day if arranged. The chest was delivered to my husbands workplace originally on a Wednesday which was ok as a one off but they don't want the responsibility of having the damaged item there to collect and a new one delivered as it is an open unit that can be accessed by members of the public. My contact at the company said to call him when I could be home on a Wednesday, I repeated that this wouldn't be possible but he just said very aggressively that I had no alternative and put the phone down on me!!!! I contacted paypal as I had paid through them and requested a refund as the goods were damaged and available for collection. I didn't want to contact the company again as they were so rude. They have now replied through paypal stating that they are going to report me for fraud as I have the goods and am demanding a refund. The chest of drawers are wrapped up in my garage not being used and ready for collection but they will not collect them. I don't want to arrange a return to them as they are huge drawers and would cost me a fortune to send back. It took 2 men to carry them into my home when they arrived.

What can I do. Am I in the wrong to expect the company to collect them when it is possible for my husband to be home. As a teacher I cannot take time off work and my husband does not get paid if he is off work which will cost us on top of the price of the chest. Should they not arrange a van to collect on a Monday as the goods they sent are damaged?

Any advice would be appreciated. (sorry for the long essay)

arcon5

Op, do note that when you submit a PayPal claim, paypal will side with you, but before issuing you with a refund will require you to return the goods and provide tracking. This will be at your expense and you will have to fight it out with the company to recover the cost -- otherwise Paypal won't refund you.
So it's worth trying to work with them as closely as possible.

If they deliver items themselve and they deliver your area on Wednesdays every week, if the item was delivered to you on that designated day it would be reasonable to collect on that day. If this isn't the case then maybe not.

sheila98765

The problem is that my husbands work will accept deliveries but they won't accept a collection which is fair enough as they don't even need to collect deliveries. This was explained to the company. I was under the belief that because we received damaged goods it was up to the seller to collect them as our convenience due to The Sale of Goods Act. Have I got this completely wrong???????:mad::mad:

shaun_from_Africa

arcon5 wrote: »

Op, do note that when you submit a PayPal claim, paypal will side with you, but before issuing you with a refund will require you to return the goods and provide tracking. This will be at your expense and you will have to fight it out with the company to recover the cost -- otherwise Paypal won't refund you.
So it's worth trying to work with them as closely as possible.

You've missed an important part of the opening post arcon.

I paid a deposit through Paypal but not the full balance

For Paypal buyer protection, one of the requirements is that the buyer pays the full selling price in one go.
Sending split payments or a deposit means that the protection won't be valid (provoding that paypal notice this fact).

I was under the belief that because we received damaged goods it was up to the seller to collect them as our convenience due to The Sale of Goods Act. Have I got this completely wrong

No, you are not wrong.
When rejecting faulty goods, all you are required to do is to notify the seller and make the goods available for them to collect.

sheila98765

Thanks for that. I was hoping I had it right but wasn't positive. Is the fact that I have given them 1 full day a week and any other day after 4pm reasonable? Really don't want to lay out the cost of returns as it will be quite excessive due to the size of the chest and need for a two man team to collect and return...........

Hintza

You really need to work with them if possible, the alternatives will be costly and a huge amount of hassle.

isplumm

Hintza wrote: »

You really need to work with them if possible, the alternatives will be costly and a huge amount of hassle.

Why ... send them a letter before action, demanding they pick up the goods & refund your money within a set amount of time .... otherwise small claims ...

Mark

arcon5

isplumm wrote: »

Why ... send them a letter before action, demanding they pick up the goods & refund your money within a set amount of time .... otherwise small claims ...

Mark

Because of the exact reasons said:

Hintza wrote: »

You really need to work with them if possible, the alternatives will be costly and a huge amount of hassle.

Small claims court costs money, takes a long time and is will cause op alot of hassle. Let alone having to actually enforce a judgement if the company don't want to play ball.

arcon5

shaun_from_Africa wrote: »

You've missed an important part of the opening post arcon.



For Paypal buyer protection, one of the requirements is that the buyer pays the full selling price in one go.
Sending split payments or a deposit means that the protection won't be valid (provoding that paypal notice this fact).

Yes, well spotted

Op, how was the remaining balance paid?

Hintza

isplumm wrote: »

Why ... send them a letter before action, demanding they pick up the goods & refund your money within a set amount of time .... otherwise small claims ...

Mark

You would potentialy have more luck with the boys in the black suits, probably more expensive (but you can build their cost in), but would cut out a lot of the hassle and you would have a much better chance of getting your money.

sheila98765

I haven't paid the balance. I have only paid the deposit of £110 so far. The balance of £246 was to be paid after delivery. I currently therefore have the chest of drawers but have not paid the balance. Does this not put me in a stronger position as they must want their drawers back to either resell as seconds or to send back to their supplier. If they don't collect them can they sue me for the balance due even though I have notified them of the damage immediately and requested collection.