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    • richard 3095
    • By richard 3095 15th May 18, 12:49 PM
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    richard 3095
    Can I reject the entire order?
    • #1
    • 15th May 18, 12:49 PM
    Can I reject the entire order? 15th May 18 at 12:49 PM
    Hi. I've gone to a place that sells reclaimed wood and paid cash for the items. Goods to be delivered free by their van. I'm having some trouble. Firstly, the boss man added up the order wrong in the office. The error caused by this came to about 14. I said to the seller it's OK to give me a credit note. I keep asking about what my bill should be, but I have not yet been given what my bill should have been. I asked the seller to send the credit note with the van driver. Now, today the van came, but the order is incomplete, they have only sent what they had in. And no credit note has been given to me. I do have a signed reciept with the sellers signature on evidencing I paid 83 cash. No mention of the order, just that I paid 83. Now, I was in back garden when delivery van came, and goods were just offloaded into the front gardfen. So, I never actually accepted the goods. Given that the order is not complete, can I reject the whole order? Thank you. Rich


    P.S. I did not know that an incomplete order was on it's way.
    Last edited by richard 3095; 15-05-2018 at 12:54 PM. Reason: Typo
Page 1
    • richard 3095
    • By richard 3095 15th May 18, 1:23 PM
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    richard 3095
    • #2
    • 15th May 18, 1:23 PM
    • #2
    • 15th May 18, 1:23 PM
    Also, something else: If in the end I get an invoice, (I don't have one yet) for the goods actually received, can I insist on getting what I am owed back? Because the invoice will be less than the 83 I paid.
    • unholyangel
    • By unholyangel 15th May 18, 2:30 PM
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    unholyangel
    • #3
    • 15th May 18, 2:30 PM
    • #3
    • 15th May 18, 2:30 PM
    http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/other-rules-about-remedies-under-goods-contracts/enacted

    25Delivery of wrong quantity
    (1)Where the trader delivers to the consumer a quantity of goods less than the trader contracted to supply, the consumer may reject them, but if the consumer accepts them the consumer must pay for them at the contract rate.
    And also:
    (1)Under a contract to supply goods, the consumer is not bound to accept delivery of the goods by instalments, unless that has been agreed between the consumer and the trader.
    Money doesn't solve poverty.....it creates it.
    • richard 3095
    • By richard 3095 15th May 18, 5:15 PM
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    richard 3095
    • #4
    • 15th May 18, 5:15 PM
    • #4
    • 15th May 18, 5:15 PM
    I think then, because I did not actually accept the goods (I was in the back garden when the goods were delivered) I can tell the seller I don't accept them on the grounds of wrong quantity. What this means in practice is, that the delivery was 9 short of 2" x 1" by 1.4m (got 7 not 16) no delivery of two off 2" x 1" by 1.5m (therefore 2 missing) and wrong delivery of 4 of 2" x 4" by 8 foot, which should have been 4 off 3" x 4" by 8 foot. Correctly delivered items were 4 of 1" x 9" by 8 foot and 6 of 3" x 3" by 4 foot.


    The thing is, the seller has got my cash and he's being cavalier over providing me with an invoice and a credit note. He may issue an invoice, I've asked for that. So, I may end up paying for what I actually did receive. But, the guy would still have to be trusted with a credit note if I went with that.

    The place is actually a bona fide business in Leeds selling reclaimed items. But getting satisfaction is proving proplematical. The business gets good reviews, but in my case, it's proving to be a nightmare. Seemingly because the seller took payment for some wood that was not in the yard that day, and it has not become available. That explains the missing pieces.


    But, the thing that is worrying is no invoice and no credit note. I don't think I have a contract without an agreement as to price and the items bought.
    Last edited by richard 3095; 15-05-2018 at 5:39 PM. Reason: Typo
    • unholyangel
    • By unholyangel 15th May 18, 6:20 PM
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    • #5
    • 15th May 18, 6:20 PM
    • #5
    • 15th May 18, 6:20 PM
    Oh you have a contract. Just proving that the terms of that contract were might prove problematic if you don't have anything in writing/the contract was entered into face to face.

    Why would you assume (if the reviews are good) that he's going to rip you off though?

    Regarding the credit note though, if you agreed (for example) 10 items at 5 and 2 items at 5 each yet they mistakenly charged you 80 then you'd be entitled to the extra to be refunded - not just a credit note. If however you agreed x, y & z items for a total price of 83 and the guy later told you "sorry, I overcharged you, i'll issue a credit note" that would be fine because that was the agreed price.

    Why not email them saying that on x date, you ordered xxxxx (then go on to list what you ordered and either the agreed price per item or agreed total price). On x date, you received a delivery only containing x items. If you're willing to accept the rest of the items then ask them when they are planning on delivering the rest. If their new date isn't suitable or if you'd prefer just to cancel, tell them that. Also include about the refund/credit note.
    Money doesn't solve poverty.....it creates it.
    • richard 3095
    • By richard 3095 16th May 18, 9:14 AM
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    • #6
    • 16th May 18, 9:14 AM
    • #6
    • 16th May 18, 9:14 AM
    I paid the price that was the amount he came to when he added up the list of items. I did not recognise at the time that he had added up wrongly. So, I've contacted him and said there is an error in your adding up. Now, given that there is an error in the adding up, I think I am entitled to have that error corrected. Any decent firm would accept the error and say I've paid too much. I was actually told that the wood was 50p per meter. But the errror makes the unit price ten times that. So, there is a breach of contract on that item. Which has been picked up on after money has been paid over
    Last edited by richard 3095; 16-05-2018 at 9:22 AM.
    • richard 3095
    • By richard 3095 16th May 18, 9:20 AM
    • 95 Posts
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    richard 3095
    • #7
    • 16th May 18, 9:20 AM
    • #7
    • 16th May 18, 9:20 AM
    I can of course accept what has actually been delivered, which isn't the original contract I paid money for. It would amount I think to a new contract. So, if the guy simply invoices me for what has actually been delivered I can simply pay that amount. And the firm should and has an obligation to refund me the difference betweem money I have paid and the new invoice price. If no invoivce is given or if money is not refunded, the firm should be taken to court.

    Anyway, I have simply asked for an invoice for the things actually delivered. That should present no problem to an honest firm. They should then refund me what I've overpaid. Simples. And if the wood is charged at more than 50p a meter, I can reject the invoice and the new contract. For want of agreement over unit price. Because I've taken the price per unit as told me in the yard when I was there. And that is the contract terms or the basis in terms of unit prices.

    If I don't get a new invoice, or the prices are upped, then one knows one is dealing with a dishonest firm.
    Last edited by richard 3095; 16-05-2018 at 9:38 AM.
    • richard 3095
    • By richard 3095 16th May 18, 5:08 PM
    • 95 Posts
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    richard 3095
    • #8
    • 16th May 18, 5:08 PM
    • #8
    • 16th May 18, 5:08 PM
    As to a written contract: What I've done is walk into his office to pay for goods. I've had a list of the items. Then the seller has gone through that list of mine putting on his piece of paper the cost for each item. Then he has added up the figures. So, his paper has only a list of figures and the total. It comes to 83.

    Before I went I copied down his figures from his piece of paper. So, I have a record of each item bought and the cost for each item. All totalling 83. But one item is clearly the wrong figure, instead of 1.50 it's been totalled up as 15.

    I think in court I will have no difficulty accounting for the bill, in terms of what I had paid for. And of course what has actually been delivered goes some way in proving what I say about what my order was. And I do have a reciept for 83.

    I think if the seller thinks he can get away with not returning what is mine, he will have a rude awakening in court. I'll be able to prove to the required degree, what my order was. Because I'll show precisely how the 83 was arrived at. Not least the items sitting in my back yard.
    Last edited by richard 3095; 16-05-2018 at 5:21 PM.
    • richard 3095
    • By richard 3095 16th May 18, 5:29 PM
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    richard 3095
    • #9
    • 16th May 18, 5:29 PM
    • #9
    • 16th May 18, 5:29 PM
    Yesterday I told the seller I've rejected the delivery. Because it's incomplete. But, I've told him to send me an invoice of the goods actually delivered, which amounts to a new contract, and I'll think about accepting it. All depends on the prices he put down for the items. I'm really trying to be helpful and flexible. Not sure how long I should give him to offer an invoice. Four days maybe? At some point I'll be forced to make a small claim.
    Last edited by richard 3095; 16-05-2018 at 5:38 PM.
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