Desperate help required please...

bris

Can't see a small claim winning here anyway as the 87% of the order delivered before the event and a 25% reduction for the missing 13% may be considered fair anyway so if it gets defended it would have good chance of losing.

Bit of an over reaction on the op's part, 13 missing flyers certainly wouldn't be the end of the world and would in no way ruin the event and there is a good chance the court would see it that way when a perfectly good resolution was offered.

It would be B2B flyers are to drum up business, so that wouldn't help either.

BartyBoy

bris wrote: »

Can't see a small claim winning here anyway as the 87% of the order delivered before the event and a 25% reduction for the missing 13% may be considered fair anyway so if it gets defended it would have good chance of losing.

Bit of an over reaction on the op's part, 13 missing flyers certainly wouldn't be the end of the world and would in no way ruin the event and there is a good chance the court would see it that way when a perfectly good resolution was offered.

It would be B2B flyers are to drum up business, so that wouldn't help either.

Thanks for ur comment.

If 87% of the order was acceptable to me, I would have ordered that amount of print when I first placed the order.

I have dealt with many differnt printers in the past. I have never received my order short except with this specific printer. In normal circumstances, printers would supply a quantity slightly over, it's to cover the printers themselver just in case there are a few 'bad' ones during the production, by doing so the printers would not need to check every single print to make sure they are 100% error free.

It is certainly not the end of the world, but it is not what I paid for and ordered. The printer offered me 25% refund as print credits. First of all, I did not pay for the order by print credits, secondly after the unreliable service I have no intension to use this printer again, so I cannot see the 25% refund was acceptable.

The bottom line is, I paid 100% of whatever the printer has asked, why should I accept less and find a solution to accommodate the printer's fault?

If you imagine you booked and paid for a dinner party for 100 guests with a hotel, the hotel turns round to you a day before the party to say they can only provide you a meal for 87 guests and offer you 25% refund as their gift vouchers, would you say to to the hotel, 'yeah, that's fine, I will take your offer and tell 13 random guests not to come'?

BartyBoy

unholyangel wrote: »

Unless I'm mistaken, we still haven't had an answer as to whether its a b2b contract or not and also as to why the OP couldnt use the booklets provided or if he made them aware time was of the essence.

Of course perhaps that information is contained in one of the other threads somewhere.

Thank you for your comment.

Please see my answer at #4, but I may have not made it clear before.

https://forums.moneysavingexpert.com/discussion/4845801

I purchased the print as an individual, using a personal account with the printer and my own PayPal account to pay for the print, so I don't know if it should be B2b or C2B.

BartyBoy

I have just realised this morning that, perhaps my question is not the right question to ask on MSE. I think I should post my question on a legal advice forum instead.

After posting the same issue 3 times on MSE, I must thank those who have given me advice on how to resolve the problem and to get my money back. It is very much appreciated.

wealdroam

BartyBoy wrote: »

I have just realised this morning that, perhaps my question is not the right question to ask on MSE. I think I should post my question on a legal advice forum instead.

After posting the same issue 3 times on MSE, I must thank those who have given me advice on how to resolve the problem and to get my money back. It is very much appreciated.

You've had a variety of opinions here.

Do you really think there are other options?
Of course you won't know until you ask.

If you do find any options not already mentioned, please try and post back here as we would all like to benefit from that.

bris

BartyBoy wrote: »

Thank you for your comment.

Please see my answer at #4, but I may have not made it clear before.

https://forums.moneysavingexpert.com/discussion/4845801

I purchased the print as an individual, using a personal account with the printer and my own PayPal account to pay for the print, so I don't know if it should be B2b or C2B.

You are confusing yourself by thinking it wasn't a B2B purchase, just because you used a personal account does not mean it was not B2B.

It's what the flyers are used for that counts.

Flyers sell things whether it be goods or services, that's business, unless you can explain why it's not then it would be treated as B2B.

unholyangel

BartyBoy wrote: »

Thank you for your comment.

Please see my answer at #4, but I may have not made it clear before.

https://forums.moneysavingexpert.com/discussion/4845801

I purchased the print as an individual, using a personal account with the printer and my own PayPal account to pay for the print, so I don't know if it should be B2b or C2B.

Yes I read that reply but you said the booklets were for an event. Which sounds like it may be b2b rather than a consumer contract (admittedly I cant personally think of many reasons a consumer would need booklets for an event).

What was the event and why couldnt you use the booklets provided?

Did you make them aware time was of the essence at the time of ordering?

The reason I'm being such a bugbear about these few details is because they could drastically alter your position.

BartyBoy

wealdroam wrote: »

You've had a variety of opinions here.

Do you really think there are other options?
Of course you won't know until you ask.

If you do find any options not already mentioned, please try and post back here as we would all like to benefit from that.

I will certainly post the alternative options here if I am given some from the other forums.

I know many of you have already suggested to file a claim via a small claims court, but how many of you have actually done one and gone through the claim procedure at the small claims court.

If you have used the small claims court before, then you would probably understand why I try to avoid it as much as possible.

And I do appreciate for the suggestion!

BartyBoy

unholyangel wrote: »

Yes I read that reply but you said the booklets were for an event. Which sounds like it may be b2b rather than a consumer contract (admittedly I cant personally think of many reasons a consumer would need booklets for an event).

What was the event and why couldnt you use the booklets provided?

Did you make them aware time was of the essence at the time of ordering?

The reason I'm being such a bugbear about these few details is because they could drastically alter your position.

Totally understand your point, and thanks for making comment too!

The 100 booklets were for myself posting to my overseas friends and family before Christmas, and they needed to meet the Royal Mail's posting deadline. The booklets might not have any physical value but they meant a lot to me for my friends and family.

The printer gave me an estimate date for the delivery at first, then they confirmed and agreed the date after I placed the order. If I knew the printer could not deliver the order on time or there was missing quantity, I would not go ahead to place the order for sure.

I could not use the 87 booklets simply because I could not work out who I should not post the booklets to. As it's a personal greeting material to my overseas friends and family for Christmas, so it's a matter of doing it properly or not to do it completely.