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Cadburyrose

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  1. Hello, just thought I´d enter an update in case anyone else has similar problems. The judge ruled that from the moment the company collected the buggies, they then became "stewards" of those buggies and had the responsibility to see that they were delivered properly. They failed to do this, in this case, and so were liable for reduced value costs of the buggies, plus travel, plus missed work and court fees expenses incurred by the claimant. Interestingly, childcare costs were not recognised as a cost, which...was baffling. The company was given 3 weeks to make payment.
  2. Hello, Im only made the claim for the cost of the two buggies. I mentioned the additional cost because if the company are only now, after all this time and effort only offering to settle the claim cost and not my court fees or the travel costs for having to make a claim against them, it just doesnt seem right.
  3. Hello, I am due to appear at a SCL in 2 weeks against a pram company. This has been a really long-winded procedure. I´ve claimed 306 GBP, the value of 2 buggies. Initially, the first baby pram I purchased from them, broke and collapsed on the street with my 8 month old in it. Company sent a replacement immediately. All fine. I then purchased 2 buggies, from them for when kids were older in 2017 from third party sellers on Amazon. Both buggies developed a string of defects (suspension broke, recliner broke, fold-up function broke, foot bags split/ too small) and after a run-around with third party sellers on Amazon, it finally landed back at Company X, who, after collecting the prams, told me nothing was wrong with either of them, other than they fixed the recline function, which they said was not a manufacturing problem. Originally, they told me they would assess the defects and then the sellers would be instructed to reimburse me. So I was not expecting to have either buggy back. They then made an attempted delivery to the place of work where they were collected from, even though I no longer worked there and my home address was confirmed in writing as the delivery point. I was told by an employee friend from my former place of business, that the delivery was refused. The buggies never arrived at my home and the company ignored all my emails asking their whereabouts. After all this, I decided to go to SCL. Now, 2 years later, I have a court date. Company X called twice last week trying to settle for the original claim amount. I have incurred court fees for registering through Money Claims online and then again at the SCL and had to book non-refundable travel to get there, also the cost of the buggies and the ones I had to buy to replace them! I suggested to Company X that if they refunded my travel and court fees, I would be happy to settle. They declined saying "we have all the evidence". I am very nervous about the court date as, what happens if a customer says there is a defect and the company says there is not? Also, if I lost on that point, what happens if the company says they delivered the merchandise and customer never received it? They seem to be very adamant that they delivered the buggies, but I don`t know where they delivered them and I don`t have them. Would be really grateful for some advice as worried about giant court fines and having to pay their expenses. Thank you.
  4. I paid two separate sellers on Amazon trade platform. So, two companies selling via Amazon, but not Amazon directly. I tried to do a chargeback but the banks declared there was no fraud involved and the time exceeded 6 months. So no.
  5. So....I´ve requested a refund directly from the sellers before and they´ve told me the above. So I can ignore them and just keep requesting a refund?
  6. Hello again, I am once again being stalled by the manufacturer. They are in possession of both prams02 and 03 and are saying that neither are faulty and therefore want to return them to me, repaired, and not to the sellers. I can only request a refund if the manufacturer agrees that there is a manufacturing fault and issues this confirmation to the two separate sellers. As they are refusing to do this, what can I do? I have summarised the list of faults and registered email complaints I´ve had with the manufacturer since 2017, but they just ignore this: On the 10th July 2017, I emailed manufacturer (which is where the 4 year product warranties are held) with photographs, as the front, right side of the chassis fell off first pram as I was pushing 9 month old child down the street. Man. told me to bin that pram and they sent a new one. OK. On the 11th September 2017 I emailed Cosatto about a problem we were having with the suspension on the left hand side of pram02 Between this date and July 2018 collection of pram02 and pram03 by the manufacturer, I was bounced around between Cosatto, Amazon and the Amazon sellers. On the 16th and 19th of March 2018 respectively, I had to email again as neither of our children fit into the foot bags provided with the strollers 02+03, the zips split or wouldnt close as too small, even though, at 1 and 2 years old they should have done according to manufacturer´s product specs. I also notified that both children were sliding off their seats, regardless of how tightly they were belted in, or whether or not the footrest was raised or lowered. This conversation continued until the 4th May 2018, when the seat function on pram03 stopped working completely and wouldnt stay up. On the 28.06.2018, Cosatto assured me on the telephone, that after both prams had been collected, they would assess the faults and then tell the retailers (Babyland Fife and Online4baby), that the products were faulty. This is now no longer the case, so I don´t know what to do. I´ve had to get a new pram as don´t have one at all now, and I don´t want any Cosatto prams back again ever. Can Pram02+03 not be deemed faulty because they don´t perform the function they are being sold to do and therefore are not fit for their purpose? If the products are made to "industry standard" and then don´t fit for some people, is that just tough or is that an argument for the product not doing its job? And does the list of complaints about the products not constitute the products being of poor quality, which also falls under the fit for purpose/satisfactory quality category? Ugh.
  7. Sorry, what is a consummate refund? I can´t find the meaning in context online either....:S
  8. I have a question - both prams are with the manufacturer and they are saying that pram01 shows no faults, even though, everyone that has had to use it, has complained there is a suspension problem as pram dips down to the left when you push. Manufacturer says they can´t find anything wrong. Pram02 is repairable and therefore not deemed as having a fault. What happens when the customer (me) is so fed up with the products from this manufacturer, they don´t want them returned for fear of future breakages and problems, as has so far been the case? Also, do I have statutory rights in this case, for returning the products finally and not having to accept a repair?
  9. Yes I see. Only the repairs are many, on both products, so this would cost more to repair and keep repairing and buy replacement parts for child safety equipment that shouldn´t be tampered with - than sending both products back.
  10. Ok, I will try posting them letters with a request under cra for them the retailer to repair the items FOC and state that if they don´t reply within 14 days, that I will sue them.
  11. Um. Ok. The next problem is that I am in Vienna, Austria and they are in the UK. I purchased online whilst still in the UK...
  12. Oh I see. I don´t want the items repaired. I don´t want these items any longer in my possession, they're so badly made that repairing them won´t stop them from falling apart again in another area. I would like a full refund as have had enough of both products and wouldn't´ trust a new one from that same manufacturer.
  13. So, i should just demand that they refund me under the CRA?
  14. Hello, I purchased two baby pushchairs on Amazon from two separate retailers last March 2017. Both prams developed faults after 6 months, which was documented in emails to the manufacturer Cosatto, who told me each time how I could make the repairs myself. I didn´t make the repairs as, after subsequent faults appearing, I went back to the retailers on Amazon (Babyland Fife Ltd and Online4Baby, who say after 4 months they are no longer liable for the warranty or a refund, and that I have to take it up with the manufacturer. The man. (Cosatto) say explicitly, that they have nothing to do with it, it´s a transaction between me and the seller. I have been going round in circles about this between the retailer and Amazon since May 23rd. Finally, Amazon said they could do nothing as the products are older than 120 days. What is the best thing to do please?
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