Invoice for faulty goods returned 20 months ago, is it payable ?

[jayc001]

I puchased 4 tires online in early 2009 (I'm in the UK, supplier is UK based but everything ships from their HQ in germany). 2 of them soon became defective (sidewall seperated from the the tires. I took photos and requested to return them to the supplier (located in germany). They issued a returns form and collected the tires. Shortly after (within a week) they refunded the amount to my credit card.

 

Now out of the blue 20 months later they have contacted me saying the manufacturer has stated the tires were not defective and are invoicing me for the 2 tires.

 

Are they in their right to do this? Is there a time span in which they should have acted as 20 months seems a very long time?

 

Anyhelp appreciated.

[rebel11]

Hi Jay

 

Welcome to CAG

 

The guys will advise as soon as they are available. That sounds very suspect, they might be pulling a fast one. Have you still got the pictures? And why did they refund, if the products weren't faulty?

[Surfer01]

They refunded your money so they assumed responsibility of the tyres. I don't think they have a leg to stand on as 20 months later would not be regarded as reasonable time frame.

[jayc001]

Yes I still have the pictures and can likely find the original emails and returns form. Below is from the email I recieved yesterday :

 

Dear Mr. xxxxxxxx

 

In reference to your complaint about xxxxxxxxx dated xxx we would like to inform you that the complaint was declined by the manufacturer.

We have attached the letter from the manufacturer for your information.

Since the result of the assessment verifies that the goods are not faulty, we are entitled to invoice you for the replacement tyres (see verdict of the Braunschweig District Court (Az. 4 S 385/04)).

 

Please advise us until 13.12.2010 if you would like the declined goods to be returned to you. Should we not hear back from you by the given date, we will dispose of the goods.

We would like to thank you for your reply in advance.

 

There was no letter attached however.

Below is a copy of the second email which is the invoice :

 

Order confirmation and invoice no xxxxxxxxxxx

 

Invoice date: xxxxxxxx

Items ordered:

 

Item No.: D-103024

Item: Nankang NS-2 225/30 ZR20 85W RF with rim protection, BSW (Su)

Quantity: 2

unit price net: 85.36 GBP (100.30 GBP brutto)

-----------------------------------------

Total amount net: 170.72 GBP

Transport and delivery costs net: 0.00 GBP

-----------------------------------------

Total amount net: 170.72 GBP

17.5 % VAT 29.88 GBP

-----------------------------------------

Total sum: 200.60 GBP

=========================================

 

Please transfer the total invoice sum of GBP 200.60 within 7 days remembering to include the order number xxxxxxxx into the following account:

 

 

What concerns me is they will charge the credit card I used for the original order. Can they do this? If they do can I dispute it?

 

Why do these things always come up at Christmas, as if i don't have enough to spend out on!

 

Cheers for the replies folks!

Edited January 14, 2011 by MARTIN3030

[rebel11]

Speak to your credit card company.

 

If they did charge your credit card, you could do a Chargeback.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

 

Get your Credit Card company to deal with is matter. See what they say.

 

SOGA - http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

[Surfer01]

Also Google "Nankang" tyres probelms / faults and see what comes up.

[slick132]

Hi Jayc,

 

In response to your Reported Post with concerns about possible libel, I see no reason to be worried.

 

You rejected items on the basis of substandard quality and received a refund. Some 20 months later, the supplier says the goods are fine and you have to take them and pay for them.

 

If they had come back in 1 or 2 months (bearing in mind the overseas connection), they may have had a case to argue. But to revisit the issue 20 months later is nonsense.

 

If you haven't yet replied to the recent demand, you should write to the UK supplier saying:-

 

I have taken advice in this matter and confirm my view that the tyres were of poor quality and not fit for purpose. I have no use for them now and will not take delivery of the items, nor will I pay for them.

 

Furthermore, it is not reasonable for you to demand payment for items that were returned to you 20 months ago.

 

Any further demands from you will be referred to Consumer Direct and Trading Standards and I will not enter into any further correspondence in this matter.

 

8)

[jayc001]

Just an update.

 

I've had no further correspondance from the company after following the advice on here. Touch wood the matter is over.

[slick132]

Hi Jayc and thanks for the update.

 

Sounds like you've heard the last from them, touch wood !!

 

[perplexity]

 

I notice that the question was never answered.

 

Are they in their right to do this? Is there a time span in which they should have acted as 20 months seems a very long time?

 

 

The time limit would be the usual one of 6 years, prescribed by the Limitation Act 1980.