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What next - legal ?

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About 5 or 6 months ago, i bought a new combo ..

https://www.basschat.co.uk/topic/440501-humming-for-england/

It was sent back  for repair, then they posted it back to me in flimsy packing.  A couple of wraps of bubble and lobbed into a box that had about 6" of space all round.

Soon as i opened the box , there was damage in several place.  Ironic that, if you read the thread in the link,  that when i was preparing to pack it up for the repair, they told me to pack it properly or they wont be responsible for damage en route.  Then they send it back with the silliest of packing and it gets facked by the courier.

I didnt even try the combo.  I just contacted them and showed them photos, and to take the thing back.

I've heard nothing since.  They collected it this 2nd time on the 19th  Oct.

I feel like i'm being taken for a mug ...  so whats the next step ?  Any legal eagles here ?

Check the damage.  This is after it went back for the loud humming, and was returned to me in this condition

Bassmate damage 1.jpg

Bassmate damage 2.jpg

Bassmate damage 3.jpg

Bassmate damage 4.jpg

 

Edited by fleabag
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It's bizarre. Either there's a case of mistaken identity (somebody else sent them back an amp that was clearly thrown down some stairs, and they've gotten that person mixed up with you), or they must be the single worst music shop ever!

If you can't speak to somebody sensible at the shop -- Small claims court? :/

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I would give them a deadline by which they have to refund you - say 7 days, and say failing which you will take steps to recover your money. Did you buy via credit or debit card? If so, you could pursue a chargeback. If not, you may need to start a small claim. 

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What's wrong with it? I thought people were paying extra for the road worn vintage look nowadays?

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Firstly name and shame the company in question on here. Secondly get medieval on their social media. Third write an email to their MD and post that on social media also. 

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If you've done it in your credit card then s75 claim could be attempted. Although I suspect they'll reject it without any real concrete evidence to back what your version of wvents. If they do, then go to Fos. It might not work, but it's free! 

 

If you've done it on a debit card then your out of time to do it via the bank 

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2 hours ago, Beedster said:

Firstly name and shame the company in question on here. Secondly get medieval on their social media. Third write an email to their MD and post that on social media also. 

Find the Managers name and advise him that you are giving him the opportunity to put things right before going down this route. Chances are he won't want the MD screaming at him for defaming the company's reputation.

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Thanks peeps.  The shop is HW Audio PLC

https://www.hwaudio.co.uk/

It was bought new on Ebay,  via bank debit card / Paypal.  The problem as in the link thread above started at 5 months of ownership.  The 180 days has already passed for Ebay so they wont get involved. I checked.  I have no idea about my bank.  I'd  guess that they'd say you paid via PP so contact them.

Perhaps maybe the deadline of 7 days or seek to refund might be a start.  I'll do it by email so i have a recordable proof of conversation

I have no idea who the MD is

 

Edited by fleabag

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Check Companies House for name and home addresses of all the directors.  I wrote to the whole BT board when I was particularly grumpy, it had the desired effect

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Ok - found an email for Richard Harfield MD and have fired off  a message.  Guess i sit and wait

Thanks lads

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You could contact your local Citizens Advice who will put you through to Trading Standards. In my own experience over the years Trading Standards have been exceptionally helpful and have offered to take over any dealings with the company involved.

Companies don't like it when Trading Standards get involved as it goes down against them as a black mark and if enough complaints they can have legal action taken against them.

Any company i've had dealings with have resolved the issue extremely fast after TS got in touch with them.

Dave

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If you don't get any joy from the company I'd suggest you send a letter demanding a refund on the basis that the goods you bought were faulty, and in attempting the repair and return shipment the seller has rendered the goods unsaleable. 

I'm assuming that since as picked up the amp the second time after you complained about the damage they have already accepted that the damage was incurred during the shipment from them to you.  If you have an email indicating this it's gold dust!

If they fail to pay you could file a claim though the small claims court.  You can do this online and it doesn't cost much. 

I did it a few years ago to when a computer I'd bought from Tiny (remember them?) was faulty and they a) charged me to contact tech services several times to seek "expert assistance" before they would get me a return authorisation, and b) failed to fix the problem.  They didn't put up a defence and judgement was made in my favour, but they failed to pay and the court sent the bailiffs to recover the debt (which was a small extra charge).

Edited by Nicko
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1 hour ago, dmccombe7 said:

You could contact your local Citizens Advice who will put you through to Trading Standards. In my own experience over the years Trading Standards have been exceptionally helpful and have offered to take over any dealings with the company involved.

Companies don't like it when Trading Standards get involved as it goes down against them as a black mark and if enough complaints they can have legal action taken against them.

Any company i've had dealings with have resolved the issue extremely fast after TS got in touch with them.

Dave

Bit of an update Dave, i found the MD and sent an email. He has responded  quote ...

"Sorry about that, I thought it had been done.

Was it bought through the website or eBay?

Regards

Richard"

I sent him the invoice number so he should know where i bought it.   Thats all the commuinication i've had so far.

I'll try TS before small claims

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Send them the small claims court forms, give them a deadline of 7 working days to respond positively or you'll lodge the forms with the county court.

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50 minutes ago, Nicko said:

If you don't get any joy from the company I'd suggest you send a letter demanding a refund on the basis that the goods you bought were faulty, and in attempting the repair and return shipment the seller has rendered the goods unsaleable. 

I'm assuming that since as picked up the amp the second time after you complained about the damage they have already accepted that the damage was incurred during the shipment from them to you.  If you have an email indicating this it's gold dust!

If they fail to pay you could file a claim though the small claims court.  You can do this online and it doesn't cost much. 

 

Yep, basically Nicko, thats what i said in the email, which i guess is why a got a quick response.  Pity they kept quiet for long, withou any updates since it was collected by them because of the damage done in transit.

Seems to me they have money and are now dragging their feet. Not unheard of in this day and age .

I did look at Small Cliams and if you do it online,  its 25 quid for anything upto 300 quid.  Strangely, i cant include the 25 quid fee when asking for my money back

Edited by fleabag

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Just now, Bassfinger said:

Send them the small claims court forms, give them a deadline of 7 working days to respond positively or you'll lodge the forms with the county court.

Just waiting for a  reply now, but as said above, i've given them 7 days for a refund, then its TS or SC  :)

 

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23 minutes ago, fleabag said:

"Sorry about that, I thought it had been done.

Was it bought through the website or eBay?

Regards

Richard"

Just from that -- I'd say it's going to be alright, and I wouldn't go escalating matters unless Richard turns out to be a 'Richard'. 🙂

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Yup, the email was not nasty at all,  i just laid out what happened, which of course they knew anyway.

Thing is, i'm betting they'll send another combo  ( a good one this time ) but i no longer want a replacement. I'm done with them.

If they do send another, i bet my thin wallet contents they wont tell me its on its way.  I'll know when it turns up, so i'll just refuse to accept it.

I dont know where i stand legally with that

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2 hours ago, fleabag said:

I did look at Small Cliams and if you do it online,  its 25 quid for anything upto 300 quid.  Strangely, i cant include the 25 quid fee when asking for my money back

You get it back if you’re successful. Your claim is ‘damages’, the court fee is ‘costs’. Costs are limited on the small claims track but if successful you should get any court fees back. 

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1 hour ago, fleabag said:

Yup, the email was not nasty at all,  i just laid out what happened, which of course they knew anyway.

Thing is, i'm betting they'll send another combo  ( a good one this time ) but i no longer want a replacement. I'm done with them.

If they do send another, i bet my thin wallet contents they wont tell me its on its way.  I'll know when it turns up, so i'll just refuse to accept it.

I dont know where i stand legally with that

I think I pointed out in one of your other threads once they’ve failed to repair, you can insist on a refund. 

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2 hours ago, fleabag said:

I did look at Small Cliams and if you do it online,  its 25 quid for anything upto 300 quid.  Strangely, i cant include the 25 quid fee when asking for my money back

Yes you can. It should be automatically included in your claim when you make it. You should also be able to claim interest on any money owed, during the time between when you paid and when you actually file the claim.

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And keep a log of the time you've spent on this to the nearest 15 minutes, and claim that as well,

Edited by Bassfinger
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