Deleted Thread?

MamaMoo_2

goater78 wrote: »

However it is important to note that the change in T's & C's is almost irrelevant. If you order a product and they send you more of that product then you ordered then you are liable to take care of the excess with or without it being in the T's & C's.

Which is precisely what happened when OP phoned the seller and was told to keep the excess.
The change in T&Cs is also extremely relevant, especially as the seller is now trying to hold OP to terms that didn't exist when she placed the order. Very dodgy, and possibly even illegal.

System

MamaMoo wrote: »

Which is precisely what happened when OP phoned the seller and was told to keep the excess.
The change in T&Cs is also extremely relevant, especially as the seller is now trying to hold OP to terms that didn't exist when she placed the order. Very dodgy, and possibly even illegal.

Yes but the content of that phone call is the point of dispute in this case. If the OP was lying (i'm not saying she was). Then if her husband claimed it was only 6 inches and the Seller told her to keep that then that is not legally binding because the basis of this agreement was a lie.

MamaMoo_2

goater78 wrote: »

Yes but the content of that phone call is the point of dispute in this case. If the OP was lying (i'm not saying she was). Then if her husband claimed it was only 6 inches and the Seller told her to keep that then that is not legally binding because the basis of this agreement was a lie.

However, what is not in dispute is that the OP's husband was told to keep the excess
On a balance of probabilities, I'd tend to side with OP, based on several factors;
1) it seems unlikely that anyone would be honest enought call to notify a company that too much material was received, but then be dishonest with regards to quantities
2) it's unlikely that most people would even notice an excess amount so small.
3) the seller openly admitted that she simply didn't bother chasing this up with the manufacturer, which was fairly negligent.
4) The sellers conduct, including illegal T&Cs, and her attitude in correspondence with the OP and in her post on here show her in a very dim light.

OlliesDad

goater78 wrote: »

Yes but the content of that phone call is the point of dispute in this case. If the OP was lying (i'm not saying she was). Then if her husband claimed it was only 6 inches and the Seller told her to keep that then that is not legally binding because the basis of this agreement was a lie.

I agree with Goater here.. its akin to a customer ordering a TV and when it arrives they call to say they received 2 HDMI cables, if in reality it was 2 TV's they would still be liable.

System

MamaMoo wrote: »

However, what is not in dispute is that the OP's husband was told to keep the excess
On a balance of probabilities, I'd tend to side with OP, based on several factors;
1) it seems unlikely that anyone would be honest enought call to notify a company that too much material was received, but then be dishonest with regards to quantities
2) it's unlikely that most people would even notice an excess amount so small.
3) the seller openly admitted that she simply didn't bother chasing this up with the manufacturer, which was fairly negligent.
4) The sellers conduct, including illegal T&Cs, and her attitude in correspondence with the OP and in her post on here show her in a very dim light.

Yes I don't disagree with you. The chances are that the OP is telling the truth and the seller is lying.

However its not 100% in either way as nothing can be proved (beyond the fact that the seller changed her T's & C's).

MamaMoo_2

OlliesDad wrote: »

I agree with Goater here.. its akin to a customer ordering a TV and when it arrives they call to say they received 2 HDMI cables, if in reality it was 2 TV's they would still be liable.

Not at all, that would be a blatant lie. Perhaps you mean its similar to ordering 1 HDMI cable, then receiving 5 and saying you received 2. The OP stated they had received excess material. Whether or not OP misrepresented that will, ultimately, be for a court to decide if the seller takes it that far.
Upon being informed, the seller should have double checked with the supplier. The seller didn't bother, which makes her look bad.
Again, though, for the reasons in my previous post, I'm leaning more towards believing the OP here.

MamaMoo_2

goater78 wrote: »

Yes I don't disagree with you. The chances are that the OP is telling the truth and the seller is lying.

However its not 100% in either way as nothing can be proved (beyond the fact that the seller changed her T's & C's).

Indeed, but if it went to court it would be decided on a balance of probabilities, in which case the OP comes out on top.

OlliesDad

MamaMoo wrote: »

Not at all, that would be a blatant lie. Perhaps you mean its similar to ordering 1 HDMI cable, then receiving 5 and saying you received 2. The OP stated they had received excess material. Whether or not OP misrepresented that will, ultimately, be for a court to decide if the seller takes it that far.
Upon being informed, the seller should have double checked with the supplier. The seller didn't bother, which makes her look bad.
Again, though, for the reasons in my previous post, I'm leaning more towards believing the OP here.

Agreed it will be for a court to decide, and to be honest i'm not sure which way it would go.

Also, the seller would presumably only be able to claim the cost price of the additional material delivered.

Fosterdog

OP can i just suggest that you don't use the spare pieces of material you have cut, just in case it does go to court and the seller wins. Even though you have already cut it you could offer to give it back unused for the seller to resell as individual pre-cut items and you may then only end up liable to pay the difference between what you originally ordered and the excess that has been thrown out, with the seller able to resell the rest to make up the difference.

On the balance of probability I can't see the seller winning even if it did go to court but it's worth protecting yourself in case it does.

lynseypvic

Thanks. I have not used the spare pieces and I have kept a bag of cuts offs which I had ready to throw away. Smaller pieces have been thrown. Because we ended up with much more than we needed, we did not measure the pieces before cutting and were not careful, we just cut a piece of and then trimmed it to size, measuring it against the cage base. So lots of smaller pieces just got trimmed and thrown.

Something I feel frustrated about is that we didn't need the extra and just thought we would be practical and cut it ready to use in the future once the first piece became worn. She has now invoiced us which i have received in the post today and given a deadline of paying by tomorrow. She also requests that I send the excess back in uncut, unused condition and we will recieve 'credit'. She knows we cannot do this as we told her what we had done with the excess when she phoned us back a week after our original phonecall. If she had requested the excess back or phoned sooner, we could have sent the excess back uncut, though I suspect that would still not have been the end of it. She had ordered the larger amount from a supplier and arranged for them to send it direct.She has now asked that we sent it back direct to the supplier. I cannot see how the supplier would have accepted this and would likely have still expected her to pay the invoice for the full amount if it was her mistake.

I shall keep everything I have though. In one of her letters she has suggested we have sold the material so at least it will show that this is not the case.