Damaged Goods Received

IMF

Hi all,

Hoping someone can give me some advice here.

I ordered a door online and it was delivered last week on Wednesday around 2pm.

I didn't sign for this, my builder accepted it (even though I was at home) and only realised it had been delivered that day.

This morning my builder came back and unwrapped the door to find that it is actually totally smashed at the bottom (hidden behind some cardboard taped around it tightly).

I contacted the company in question over the phone and they had an automated message saying I have to raise a ticket online only.

I raised a ticket and received this response:

"Thank you for contacting XXXXXX Customer Care Team. We are sorry to hear you have a damaged item . Unfortunately we are unable to review this case as six days has passed since delivery. The good(s) were signed for with no discrepancies & you did not make contact with us with 48hrs to inform us of any damages. As stated in our T&Cs & on all delivery paper work : Customer Note: We will assume that the order was delivered in good condition unless you the Customer has noted any damages in the Customer notes column or on the handheld terminal with the courier service. Unchecked items cannot be accepted legally. If there are discrepancies with your Order please contact the Customer Care Team by logging onto https://www.XXXXXX.co.uk/customercare. Here you will be advised to supply photographic evidence where required. We are unable to investigate any queries or complaints unless we obtain this is writing format within 48hrs from Delivery. Please use this Support Ticket if you wish to reply Please accept our sincere apologies for any inconvenience we may have caused."

So their T&C says that I have 48 hours to report any damage. But I didn't sign for it and my builder tells me that he didn't sign for anything either.

I would be most grateful for any advice here, apologies for the long thread!

EDIT: Door was bought off eBay and paid via PayPal.

bod1467

Assume this is a UK company?

UK law (Unfair Terms in Consumer Contracts Regulations) states that a seller cannot enforce any term that seeks to contract out a buyers legal rights. Such a legal right is to expect the seller to abide by the Sale of Goods Act.

I'm sure someone else will be able to point you to the specific guidance, but the example of the seller's T&Cs saying faults must be notified within X days is specifically mentioned.

Wait for someone provide this specific advice, then write back to them with this information. If they still bluff and bluster then you'll need to write a Letter Before Action to them (a real letter, sent from the Post Office and getting a certificate of posting) stating what you expect them to do and by when else you'll raise a small claims action.

IMF

Thanks for the quick response! I assumed as much but I couldn't find anywhere what a reasonable amount of time was to report a delivered item as damaged.

I found a site (closed the page now) where it stated that companies are allowed to enforce a "reasonable time limit" upon when goods must be notified as rejected.

bod1467

A "reasonable time" would likely be at least 7 days. See this thread - especially post #18 onwards.

https://forums.moneysavingexpert.com/discussion/5126035

IMF

Wow that's top advice! At least it gives me something to go back to them with. Thanks!

Niv

Raise a ticket on eBay, it will get sorted quicker than messing with the company directly. They are more likely to give you a quibble free full refund if you go via eBay.

bod1467

I didn't spot this was an Ebay transaction. The above advice is probably the quickest route to a satisfactory conclusion.

IMF

@bod1467 probably because I edited it while you were writing me a reply!

@Niv I just did that. Thanks. The only issue I have with eBay is they expect you to send it back and sometimes it's impossible to get postage costs back. It's a 40kg door but I guess losing £50 postage is better than losing £290.

shaun_from_Africa

I've never done it myself but I believe that when you now open an ebay dispute you can ask for them to supply you with prepaid postage or courier costs (but I don't know if this will work with something such as a door that might need a specialist courier).


If you do have to pay for the return, there is nothing stopping you from pursuing the seller for the costs involved in the return.
You can do this by using moneyclaimonline and add the cost of this to the amount claimed.
However, if it gets to this stage, a letter before action may well see them paying up.


https://www.citizensadvice.org.uk/consumer/taking-action-about-consumer-problems/legal-action/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

IMF

Darth_Vader wrote: »

I thought the seller was obliged to pay return postage these days.

It has been that long since I returned an item!

shaun_from_Africa wrote: »

I've never done it myself but I believe that when you now open an ebay dispute you can ask for them to supply you with prepaid postage or courier costs (but I don't know if this will work with something such as a door that might need a specialist courier).


If you do have to pay for the return, there is nothing stopping you from pursuing the seller for the costs involved in the return.
You can do this by using moneyclaimonline and add the cost of this to the amount claimed.
However, if it gets to this stage, a letter before action may well see them paying up.


https://www.citizensadvice.org.uk/consumer/taking-action-about-consumer-problems/legal-action/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

Thanks for the advice! I know in the past when I've tried to return a faulty item, I've ended up losing out big on postage. I'll try this next time!

wealdroam

Darth_Vader wrote: »

I thought the seller was obliged to pay return postage these days.

That is the legal position but ebay often does not appear to be willing to assist the consumer with that. It should be added that ebay have no obligation to assist the consumer in that way.

Which is why Shaun has advised that an LBA be sent.