Deleted Thread?

unholyangel

OlliesDad wrote: »

The way i read it was that the OP's husband called them first, he advised he received some extra, but didn't confirm how much despite being asked. The business asked if it was a little (6 inches) and he said yes. Once the supplier got the invoice they called the OP's husband who then advised he had already chopped it up.

Its going to be a case of he said/she said if it went to court, so I wouldn't be confident if I was on either side. Although I don't this the business has shown themselves in the best light on here, i don't think that changes the situation from a legal standpoint.

Thats what I had originally thought until i went back and read the original thread again. Well apart from the 6" since both parties dont agree to whether that was included in the conversation or not.

lynseypvic

goater78 wrote: »

You've replaced "mr xxxxx" with customer? Seems a sensible decision

Yet you have brought his name up again. I would rather you didnt thanks.

lynseypvic

goater78 wrote: »

Remember the OP was reporting back from what her husband told her while the seller was reporting on what she said actually happened.

The lack of detail is not down to honesty but because she wasn't there for the phone call.

You think my husband could be lying to me?? I was next to him the whole time and contributed to the conversation.when the seller asked how much material was sent, he asked her to hold on whilst he asked me at one point and i said much too much which my husband repeated. When she said just keep it because there would be no record to sort it out, i asked for it to be checked that it was the correct antibacterial material as i would rather have the right product than too much of a cheaper version.She clarified it would be the right stuff and if we had too much, we should see it as a gain.

nitra

Don't rise to Goater.. there's no point and I suspect this thread will be heading to deletion if you do.

System

lynseypvic wrote: »

You think my husband could be lying to me?? I was next to him the whole time and contributed to the conversation.when the seller asked how much material was sent, he asked her to hold on whilst he asked me at one point and i said much too much which my husband repeated. When she said just keep it because there would be no record to sort it out, i asked for it to be checked that it was the correct antibacterial material as i would rather have the right product than too much of a cheaper version.She clarified it would be the right stuff and if we had too much, we should see it as a gain.

No you've obviously misunderstood.

lynseypvic

If we wanted to deliberately mislead her over the size or had said the material sent was only 6" bigger, why would be have said we cut 4 liners and had some cut offs when she phoned us the next week? This clearly shows that the material was over 4 times bigger than what we ordered. We ordered a metre. 106 cm would not line 4 hutches. Why would we have bothered not only phoning on the delivery day, but tell her we had over 4 times too much if we wanted to trick her? It was only once she started demanding more money and saying we were criminals for using the material, that my husband ended the call and we stopped responding to her.

Also the seller sells the material for making dogs beds. We never told her we had guines pigs, why would we? She has gathered that information here and confused (deliberately or not, i dont know) 4 pieces, with 4 hutches. If I had 4 hutches, I would have needed to order enough if the first place.I wouldn't have ordered enough for 1 and then hoped extra would come. I ordered enough for 1 cage and thats all we really needed at that point. Because we ended up with extra, we cut extra pieces and put it aside for the future.

Also, I made the order, not my husband (which is why i knew it was wrong when i saw it)This is another detail she has got wrong.

We have taken legal advice and apparantly her decision to agree the sale of the delivered product for the original price was legally binding and she is harassing us by asking for more money over a week later. If she misunderstood that the product was bigger than 106 cm, even though we said much too much had been delivered, thats because she chose not to investigate the order with her supplier, despite our questioning about being sent the wrong product. She obviously assumed she would not be billed for her mistake by the supplier and now she has been billed, she wants to claim the money from us and sellers are not allowed to act like that.

My thoughts are that she took no responsibility for the wrong item being sent and assumed it would be the suppliers loss.She obviously had no intention of informing them.Interestingly, she is now demanding that I send the material back to the actual manufacturer! I suspect the manufacturer would not want to receive cut up material returned to them.She just does not want to take any responsibility.

lynseypvic

I also want to add that if we came across to the seller as being preoccupied with not being overcharged for the excess, I don't think this is unreasonable.Yes we wanted to be honest and report the mistake, but more importantly, I dont want to be charged for a mistake.

Don't forget, my husband had opened the packet and started cutting the material. We were worried that if we had have been overcharged, we would not be able to get a refund. She was very clear that it was not our fault that we had been sent the wrong amount and we should really not worry about it and the sale was complete if we kept it.She said we should think of it as again.I remember this clearly because we had the impression she thought we were holding her up by phoning her with our concerns.

Days after we received the product, I got an email saying my order had been dispatched and was now on its way.We were even joking that we hoped more of the stuff didn't arrive! It didn't by the way.

lynseypvic

I have had further emails and letters from the seller all within the space of a week. I have not yet responded. She gave a ridiculous deadline of a couple of days to get back to her which I have not yet.
She is demanding more money again, 2 different amount on different letters and she is telling me what fees I must apparently pay if she takes this to court.
She is quoting her terms and conditions which state excess goods sent in error must be paid for if not returned. As anyone following the thread knows, this seller changed her terms and conditions to include this term after selling the product to me and telling me to keep the excess.
I have been advised not to pay as we reported the excess to her and already entered into a legally binding contract with her over the phone. But what do I do about the fact she is constantly contacting us, demanding money and even changing her terms and conditions and pretending they were in place before the sale?
Thanks

unholyangel

lynseypvic wrote: »

I have had further emails and letters from the seller all within the space of a week. I have not yet responded. She gave a ridiculous deadline of a couple of days to get back to her which I have not yet.
She is demanding more money again, 2 different amount on different letters and she is telling me what fees I must apparently pay if she takes this to court.
She is quoting her terms and conditions which state excess goods sent in error must be paid for if not returned. As anyone following the thread knows, this seller changed her terms and conditions to include this term after selling the product to me and telling me to keep the excess.
I have been advised not to pay as we reported the excess to her and already entered into a legally binding contract with her over the phone. But what do I do about the fact she is constantly contacting us, demanding money and even changing her terms and conditions and pretending they were in place before the sale?
Thanks

Constantly contacting you? Via what means (telephone, email, in person at your home address etc) and how often?

System

you have no proof of

"I have been advised not to pay as we reported the excess to her and already entered into a legally binding contract with her over the phone."

Its her word against yours. There have been 2 different stories about this phone call. It will be down to the courts to decide who is more believable.