Advice Plz :( Lcd Monitor Saga - lost by supplier! Trader Bankrupt argh!

[JaffaJeo]

The Tale of Woe -

 

I purchased a £900 monitor from Vadim Computers (V-Solutions).

 

Now Vadim experienced delays getting the monitor from their supplier Computer2000, who themselves were ordering it direct from the manufacturer Samsung.

 

Delayed, I finally recieved the monitor just under a month ago. It was found to be damaged, and so I contacted Vadim, asking for it to be collected and replaced. It was collected by Vadim (23rd June) who then sent it on to their supplier Computer2000.

 

This is where it gets interesting!

 

Vadim goes bankrupt!

 

I contact Vadim for any news about my returned monitor and I get this reponse.

 

"Please phone Computer2000 on 0870 0603344 and ask if they could ship it back to you. On Monday when we ceased trading i noticed a credit note from them, however we have requested a replacement - i suppose they did not have stock."

 

So I call Computer2000 and they are holding that credit note to offset losses from their Vadim account. Okay not much I can do about that but what about my damaged monitor?

 

It was sent back to Samsung!

 

Which of course, they do BEFORE cancelling a replacement order...

 

Now my contract was with Vadim, I bought it from them, but private contractual law made that damaged monitor my property? Certainly it didnt grant authority for it to be sent back to Samsung (for disposal) without a replacement order!

 

So now I'm not sure how to proceed

 

My private property has (99% sure but i will have to check) been destroyed after return. So is Computer2000 liable or do I chase up Samsung? In the advent of that Consumer Direct told me (ok im being optimistic perhaps) that if destroyed a replacement would have to be issued not withstanding that it was purchased from Vadim, as neither had authority to disposs of it.

 

On another issue, this item was stupidly bought on Visa Debit Bank of Scotland, I understand there are some protections but somewhat discretionary. Is it possible to attempt a charge back - and with visa debit (wobbly though it is - does that fall within the 120 days period) would you advise it?

 

Cheers guys - sorry for the long post

Much appreciated

Edited July 22, 2008 by JaffaJeo

[BankFodder]

You are quite right that you have no contractual remedy here as Vadim have gone bust. (Strange actually because we had problems with Vadim about a year ago.)

 

However, you probably do have the right to recover the montor under http://www.unesco.org/culture/natlaws/media/pdf/gb/gb_tortsact1977_engorof.pdf

 

This would be a small claims actions.

 

I woujld suggest that you understand it all properly

 

then send polite letter asking for the monitor - give them 7 days

 

Then a letter before action - 7 days

 

Then sue.

 

Don't bother to do any of this if you are not going to folllow it through.

 

In my view, the monitor is yours and they are not entitled to retain it or a credit note in respect of Vadim's debts.

Don't allow this to become some protracted correspondence

[JaffaJeo]

Hi thanks for the fast response BankFodder, what do you think about seeking a debit visa chargeback for this matter?

 

Think its worth a shot? I was speaking to someone from the Bank of Scotland (my bank) and they said they do process and review their Visa Card Debit chargebacks though branch staff and many call center staff aren't aware it is possible.

[JaffaJeo]

Hi there - just an update.

 

After speaking to Consumer Direct they suggested,

 

That I should send letters to the Administrators for Vadim, and Samsung referring to the Sales of Good Act 1979/ammended 2002. Contrary to contacting the middleman in this case, they said that Samsung would follow it up with the supplier Computer2000... for a replacement monitor.

 

Hmm? Can I ask - what are your thoughts on that Bankfodder - it sounds a bit more generic than your suggestion?!

Edited July 22, 2008 by JaffaJeo

[BankFodder]

On what basis would you be relying upon the SOGA?

[JaffaJeo]

'as described and free from minor defects, and fit for purpose'

 

I don't know though would that hold any weight? It was almost like they were suggesting that Samsung would then chase up the middleman - but would that result in likely success?

 

Does it really apply to my situation even - I did describe what happened, but it is a complex story - trader - supplier - manufacture?!

 

I don't know, do you think Samsung would just look at my letter and go - what the hell - and bin it or?

[BankFodder]

You will need to base your SOGA claim on a contract and your only contract is with Vadim who no longer exist.

 

Consumer Direct's advice to you is flawed.

I suggest that proceed along the lines I indicated earlier. maybe allow Computer2000 a little longer than I originally suggested and keep the letter very warm and polite. However, you could also suggest very delicately that for them to hang on to your property in this way would probably be an unfair practice under the CPUT 2008 regs and that you might have to make a reference to the TSA if they cannot be more helpful.

 

Then if they knock you back, sue tham but also make the TSA complaint under CPUT as there is no doubt in my mind that they are treating you unfairly

[JaffaJeo]

Thanks BankFodder - yep I'll proceed as you've advised!

 

Now to show my stupidity but the CPUT 2008 regs what does that stand for?

 

Also (and i promise ill stop pestering you!) Is it worth attempting to pursue a visa debit chargeback - would that be illegal to do if i initiate this process - as my time to attempt that would run out by mid August, (if Visa's terms and conditions cover from 120 days of purchase.)

 

I do know that there are zero guarantees with visa debit, but can i pursue this simultanously and then drop it (or the monitor) if one or the other schemes for justice failed