I Lost my Tools in a DeWalt Repair Shop

Gorie
Gorie Posts: 140 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 3 May 2019 at 6:51PM in Consumer rights
I have an issue that I am looking for help with.

I have a number of DeWalt tools (still under warranty) and use them for work.

Recently I planned a vacation and returned four tools to a DeWalt approved repair centre to be fixed under warranty – they were minor but important repairs. Upon my return from holiday I have learned that the repair centre ‘Rochdale Re-tool’ has gone out of business and now I cannot contact them and do not have my tools. I cannot afford new tools and am absolutely gutted that this is affecting my work.

So far I have tried multiple times to contact the company – no answer. Tried to contact the company director via telephone call, email and even on facebook – no answer. I have also contacted DeWalt directly but have not yet heard back.

I am wondering where, if anywhere, I stand legally with this?

Is my contract with the repair centre – does this mean I have lost the tools?
Or as it is a DeWalt approved centre should they (the DeWalt company) have some responsibility.
I am going to check whether I have purchased them on credit card too – but that would be over a year ago?

Is there anything else I can try or anything that any one would suggest??? Thanks
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Comments

  • TripleH
    TripleH Posts: 3,188 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Is there a notice on the shop telling you who the administrators are? Do you have a receipt from when you booked them in confirming what you dropped off?

    If there is a notice contact the administrators or liquidators asap and say what are your items. They should be given back to you as they do not belong to the business, you just need to demonstrate that you booked them in and do it asap before they are sold by accident.

    Good luck.
    May you find your sister soon Helli.
    Sleep well.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I believe in these situations you need to get in touch with whoever is dealing with the business closure. I'm not sure on the legalities of your situation. They don't owe you money so you're not a creditor in that sense, but they do have your property. I believe if you can prove they were accepted by them then you can get them back, but it might take time.
  • a.turner
    a.turner Posts: 655 Forumite
    500 Posts
    Credit card company may not be interested and may consider you purchased the goods in a business to business transaction and not as a consumer.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    a.turner wrote: »
    Credit card company may not be interested and may consider you purchased the goods in a business to business transaction and not as a consumer.

    Section 75 covers individuals.

    But I'm unsure how s75 would help as it will only give the OP the same rights against the card company as he would have against the retailer.

    OP, try the administrators first - should be as simple as providing proof the goods are yours/not the repairers and they should give them back. Possibly not repaired though!

    If no luck there then check the terms of your warranty and see whether it was them covering costs providing you used an approved repairer or whether they were actually acting as an agent for them.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Gorie
    Gorie Posts: 140 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks for all the replies. I'm going to head down there again and see if I can find who the administrators are. I don't remember their being a note last time - it was just closed and the neighbouring shops said they had 'shut up shop and gone' so I will check again!

    If there is nothing how can I find the administrators?

    I may also write to the companies house listed address.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are still showing as an active company on Companies house with no mention of ceasing trading or being run by administrators.

    https://beta.companieshouse.gov.uk/company/05116531
  • zoob
    zoob Posts: 582 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 5 May 2019 at 1:27AM
    Contact DeWalt it’s there responcability as you followed there instruction for the under warranty repair and the shop was repairing on DeWalts behalf
    You’ve no contract with the shop, the shop had a contract to repair on behalf of DeWalt as there agents
  • DCFC79
    DCFC79 Posts: 40,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 May 2019 at 9:48PM
    Gorie wrote: »
    Thanks for all the replies. I'm going to head down there again and see if I can find who the administrators are. I don't remember their being a note last time - it was just closed and the neighbouring shops said they had 'shut up shop and gone' so I will check again!

    If there is nothing how can I find the administrators?

    I may also write to the companies house listed address.

    You've been asked before but Ill repeat the question, I hope you have something to prove you dropped off said tools.

    As mentioned, drop deWalt an email or ring them, they will be able to tell you what you can do.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    zoob wrote: »
    Contact DeWalt it’s there responcability as you followed there instruction for the under warranty repair and the shop was repairing on DeWalts behalf
    You’ve no contract with the shop, the shop had a contract to repair on behalf of DeWalt as there agents
    Unless there's something peculiar about the way DeWalt sets these things up, I doubt that's an accurate analysis. If I get my car fixed at a Ford dealer, my contract is with my local garage, not with Ford. The brand may of course get involved as a matter of goodwill if there are problems, but they won't have any better idea about where the OP's tools are.
  • zoob
    zoob Posts: 582 Forumite
    Part of the Furniture 500 Posts Name Dropper
    davidmcn wrote: »
    Unless there's something peculiar about the way DeWalt sets these things up, I doubt that's an accurate analysis. If I get my car fixed at a Ford dealer, my contract is with my local garage, not with Ford. The brand may of course get involved as a matter of goodwill if there are problems, but they won't have any better idea about where the OP's tools are.

    Ok I take your point but I do believe DeWalt have the responsibility as the op is following DeWalts instruction for under warranty repair and DeWalt are paying for that repair under there contract with the shop
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