I bought goods but apparently I dont have contract

Daleclose

Good evening all.

Back in November 2016 I bought a clutch and flywheel kit on my eBay account using my PayPal account and my debit card. However because I was not going to be in I entered a friend's details in to the" delivery" section.

This clutch later failed within a couple of weeks and caused substantial damage meaning a new clutch and flywheel, gearbox, driveshaft and second lot of labour was then necessary.

I complained to the company (nationwide clutch distributors) and sent them the damaged parts along with a letter from the mechanic describing how the parts had failed catastrophically.

The supplier has :madnot denied that the parts are faulty but have however said that they do not have a contract of sale with me as per the following excerpt from their latest letter:

Dear Mr close
With regard to your further letter of 1st Feb 2018, regardless of who pays for any goods, my company's contract of sale is with the person we were requested to send those goods to, that person is therefore the receiver of those goods and not anyone else.
:mad:

Well I find this completely preposterous, and if they are indeed trying to deceive me then I believe that this is also in itself an offence under the consumer protection from unfair trading regulations 2008.

Any advice that anyone could offer would be gratefully received as I am now then a little annoyed since this has now been on going for more than a year.

Many thanks Indeed

agrinnall

They're trying it on, send them a Letter Before Action and if that doesn't work commence a Small Claim.

stragglebod

The contract is not with the person they sent the goods to. It's with the person they made the contract with. You.

Daleclose

Thanks guys. That's basically just what I thought. Can't believe they are trying to mislead consumers about their rights

Inner_Zone

Daleclose wrote: »

Good evening all.

Back in November 2016 I bought a clutch and flywheel kit on my eBay account using my PayPal account and my debit card. However because I was not going to be in I entered a friend's details in to the" delivery" section.

This clutch later failed within a couple of weeks and caused substantial damage meaning a new clutch and flywheel, gearbox, driveshaft and second lot of labour was then necessary.

I complained to the company (nationwide clutch distributors) and sent them the damaged parts along with a letter from the mechanic describing how the parts had failed catastrophically.

The supplier has :madnot denied that the parts are faulty but have however said that they do not have a contract of sale with me as per the following excerpt from their latest letter:

Dear Mr close
With regard to your further letter of 1st Feb 2018, regardless of who pays for any goods, my company's contract of sale is with the person we were requested to send those goods to, that person is therefore the receiver of those goods and not anyone else.
:mad:

Well I find this completely preposterous, and if they are indeed trying to deceive me then I believe that this is also in itself an offence under the consumer protection from unfair trading regulations 2008.

Any advice that anyone could offer would be gratefully received as I am now then a little annoyed since this has now been on going for more than a year.

Many thanks Indeed

You purchased it in November 2016.
It fails a few weeks later presumably in December 2016
You wrote another letter in February 2018, thirteen months later. Apart from sending it back some time between December 2016 and January 2018. What happened between December 2016 and January 2018? Why the delay in the subsequent letter?

Daleclose

There was a lot of to and fro. I laid out what I expected with regards to compensation, they asked me to send the item to them which I did. And eventually there was many letters forward and back when they were saying they couldn't find any record of the purchase.. I sent letters with PayPal and eBay screen shots to prove that I had indeed bought from them. They then told me that it was not my name that was on there but that of the delivery details. I then argued this and sent all screenshots again along with a bank statement to prove it had come from my account. That was when they sent their final letter explaining that the contract wasn't with me. The process has been more drawn out then perhaps it should have been owing to me having moved 3 times during this period because of my job.

DoaM

See post #2.