Incorrect item sent, who is responsible for return postage?

[TheV5]

Hi all,

 

I purchased a clutch kit for my vehicle from CarParts4Less through their website. Their website allows you to enter your registration number and it will only bring up suitable parts for your car. However, when the garage went to fit the clutch, it wouldn't go and they looked into it and said they have sent the wrong clutch. After further investigation, the part number on their website is for a VW Golf gearbox, whereas I have a Seat Toledo. In essence, they are the same car under the skin (engine, switch gear etc), but the gearbox is different. It appears that CarParts4Less are not aware of this and have listed it incorrectly on their website.

 

Now Carparts4less have agreed to a refund but are insisting that I am responsible for the return postage costs. They are willing to make a goodwill gesture of £5 towards the costs! I have said to them that the item is not fit for purpose as discribed on their website and therefore it is their mistake. But they are unwilling to move on this. The return postage is going to cost around £25 as it is very heavy.

 

Can I have some advice on how to deal with this matter. I fail to see why I should be paying any monies towards their mistake. As far as I am aware they are legally required to pay for return postage or collect the item from me if the item is incorrect and/or not fit for purpose. I have looked through various consumer sites and indeed on this site and feel I am in the right. But I would love some confirmation before taking the matter further.

 

Many thanks

[rebel11]

Hi the

 

Have a read of page 27, 3.57, it's fairly straight forward. Send them the guide if they quibble. I would only correspond via letter or e-mail.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf/

[TheV5]

Thanks for the link. This is what I looked at before and what I have quoted to them. But they still say it is down to me to pay for the return and they as a gesture of goodwill will take £5 off the postage. They just don't seem to understand this. They keep quoting their T&C's, which at best state I am liable for postage if I changed my mind and broke the contract by not wanting the item (But this would only apply if the item was the correct part). But the item is wrong and I have looked into this further. I have the part number that is need for my car and they give the part number for a VW Golf clutch. Because the engine codes are the same, they think the gearbox is the same and it simply is not! But getting them to understand this is like headbutting a brickwall.

 

So at current, I still have the clutch, but they are not moving on this and am unsure whether I should send the clutch back to them or wait until they agree to refund all my postage costs.

[Mr-Pieman]

Hi V5,

the item they supplied is not fit for purpose and is not as described (it doesn't fit). They are being daft to be honest they pay peanuts for shipping.

 

As rebel has said

 

Who pays for returning the goods if the consumer cancels

an order?

 

3.55 If you want the consumer to return the goods and to pay for that

return, you must make it clear in the contract and as part of the

required written information – see paragraph 3.10. If the consumer

then fails to return the goods, or sends them at your expense, you

can charge them the direct cost to you of the return, even if you

have already refunded the consumer’s money. You are not allowed

to make any further charges, such as a restocking charge or an

administration charge.

 

3.56 If you did not include these details in the required written information

then you cannot charge anything. See paragraph 3.10. You can never

require consumers to pay the cost of returning substitute goods –

see paragraph 3.1 for more information.

 

3.57 If the goods are faulty or do not comply with the contract, you will

have to pay for their return whatever the circumstances.

 

I would contact the company/bank you used to pay for the clutch and make they aware of the dispute namely the goods are not what you ordered and hence don't comply with the contract. The onus is on the supplier to pay return postage no you.

 

http://www.guardian.co.uk/money/2012/jan/20/section-75-chargeback

 

that should make them sit up and take notice.

 

I hope that helps

 

Mr P

[martin g]

Hi,

Whilst I know that you are in the right I sometimes feel that life is too short to spend it banging your head against a call centre reading from a script.

Parcels 2 go are very cheap and I have always found them to be efficent, ( although there is thread running that says outwise.)

 

There is an old saying that a satisfied customer tells no one, but a dissatisfied customer tells everyone. The fact that you have highlighted your problem here makes me cautious about dealing with carparts4less so their attitude has probably already cost them business.

 

A case of penny wise and pound foolish.

 

Martin g

[TheV5]

Well, I have a reply from my email stating that they are legally wrong & got this response:

 

Dear Sir

 

Thank you for your email

 

We have spoken to our Manager and in this instance as a gesture of goodwill we will refund £5.00 off postage as per our terms and conditions the parts that are being returned are sent back at the customers own cost.

 

We have closed this matter on our end.

 

Kind Regards

 

Customer Service Team

 

Car Parts 4 Less

[rebel11]

Just do a Chargeback if you paid by Credit Card / Visa Debit: -

 

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

 

Report the matter to your local Trading Standards.

[Mr-Pieman]

I concur with rebel11,

then contact Car Parts and tell them to arrange collection of their clutch, you could also add storage will be £10 a day.

 

Mr-P

[labrat]

i would warn them first

 

something along the lines of

 

Dear sir or madam

 

i noticed with intrest your decision that the matter is closed

 

i would like to point out that although you consider the matter closed i do not

 

the item in question was not picked by myself but was picked by your system by way of my number plate as sutable to fit my car, you have failed to uphold your end of the contract as the clutch sent does not fit my car, therefore i am rejecting this part under the sale of goods act as not fit for purpose, as part of this i either require you to refund the FULL cost of return or to collect the item

 

if you decline to uphold your legal obligations then i regretfully inform you that i will apply for a full refund via a section 75 chargeback on my credit card, i understand this may cause a major inconvience to your business hence giving you this final chance to set things right

 

if your responce to this is in the negative and a section 75 is nessecery then i will of course make the clutch avaliable for collection however if it is not collected in a reasonable amount of time then i reserve the right to charge a storage fee ontop of the refund from my card, as this is a large item the fee will of course reflect this

 

thank you

-your name here-

 

please spell check first i am dyslexic, grammer may also need ot be checked

[TheV5]

Thank you for all the replies and information / advice. Labrat, I love the letter and will use something very much like that, Thank you very much.

[rebel11]

To be honest, they've had sufficient warning.

 

Thank you for all the replies and information / advice. Labrat, I love the letter and will use something very much like that, Thank you very much.

[TheV5]

Got a reply from CarParts4Less. I sent them an email very much along the lines that labrat had written. They say they will not assist me any further! Chargeback it is then.

[rebel11]

Let us know what happens.

 

Got a reply from CarParts4Less. I sent them an email very much along the lines that labrat had written. They say they will not assist me any further! Chargeback it is then.

[TheV5]

Right, just spoken to my card issuer and they claim I can't make a claim. They say because the part number they advertised and the part they sent are the same, they are saying I have got what I ordered. I pointed out that they state it will fit my car and it doesn't, so it's not fit for purpose. They disagree and say I got what I ordered I.e. The part numbers match!

 

Any ideas on what to do next?

[rebel11]

They're being silly (card provider), they (company) refunded, so clearly it was the wrong part, what's the name of the Card Provider?

 

 

Right, just spoken to my card issuer and they claim I can't make a claim. They say because the part number they advertised and the part they sent are the same, they are saying I have got what I ordered. I pointed out that they state it will fit my car and it doesn't, so it's not fit for purpose. They disagree and say I got what I ordered I.e. The part numbers match!

 

Any ideas on what to do next?

[TheV5]

The card is a visa debit from halifax. I have spoken to the CAB and they have said I am in the right as they have supplied me with the incorrect information. They advise to apply for a copy of their complaints procedure & get the name and address of their MD. I know it's only £25 - £30, but it's he principal of it all and them being so uncooperative is making me more determined to fight it out. Not just for me but all consumers who get dumped on by idiotic companies.

[rebel11]

Hi The

 

Write a Formal Letter of Complaint mark it as such. Explain whats happened with as much detail as possible, how Halifax have let you down (Chargeback) and what you want them to do.

 

 

 

Send it to:-

 

David Nicholson, Managing Director

[email protected]

 

Here are some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

[TheV5]

Just had a look at their tT&C's. They have sent me 5.3.2 as their compnay policy. But if you read 5.3 onwards, 5.3.2 only applies if I cancel the contract! I haven't cancelled the contract.

 

5.3 To cancel a Contract, you must:

 

5.3.1 inform us in writing;

 

5.3.2 return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging; and

[rebel11]

So, basically they don't understand their own terms and conditions, if you get no joy from the 'retailer' your next port of call is the 'card provider'.

 

Just had a look at their tT&C's. They have sent me 5.3.2 as their compnay policy. But if you read 5.3 onwards, 5.3.2 only applies if I cancel the contract! I haven't cancelled the contract.

 

5.3 To cancel a Contract, you must:

 

5.3.1 inform us in writing;

 

5.3.2 return the Goods to us, in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The Goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging. This includes electrical items, which are supplied in sealed clear packaging; and

[TheV5]

I've stated this to them about the T&C's and their clause only applies if I cancel the contract. I also sent them that link you (rebel11) gave me to them and pointed out that it is down to them to pay for postage.

 

I await their reply to that. I did think about asking them what they would do if I ordered a clutch and they sent me a set of brake disc's. Would I be liable for the return postage then? I bet it is because I have ordered a clutch from their site and the clutch I ordered has arrived. But as we know, is not fit for purpose that it is advertised for.

[andydd]

Hi,

Whilst I know that you are in the right I sometimes feel that life is too short to spend it banging your head against a call centre reading from a script.

Parcels 2 go are very cheap and I have always found them to be efficent, ( although there is thread running that says outwise.)

 

There is an old saying that a satisfied customer tells no one, but a dissatisfied customer tells everyone. The fact that you have highlighted your problem here makes me cautious about dealing with carparts4less so their attitude has probably already cost them business.

 

A case of penny wise and pound foolish.

 

Martin g

 

There is another thread on CAG regarding a TV sent using parcels 2 go, it transpires if you read their T&C it directs you to a list of items they wont cover should they get broken, the list is VERY long and includes many items, so thought I'd issue a word of warning, it may be that other couriers also have such exclusions.

 

Andy

[rebel11]

Your Card provider are shirking their responsibility, if they don't agree to help in this matter, then you need to lodge a complaint with the FOS (it will cost your Card provider £500 if you take this matter to the FOS), but you need to get a letter from the Card provider to say they can't help. You could ask the Card provider to send somebody around to fit the part, if they feel it is the correct part and 'fit for purpose'.

 

I've stated this to them about the T&C's and their clause only applies if I cancel the contract. I also sent them that link you (rebel11) gave me to them and pointed out that it is down to them to pay for postage.

 

I await their reply to that. I did think about asking them what they would do if I ordered a clutch and they sent me a set of brake disc's. Would I be liable for the return postage then? I bet it is because I have ordered a clutch from their site and the clutch I ordered has arrived. But as we know, is not fit for purpose that it is advertised for.

[TheV5]

Now CarParts4Less refuse to talk to me. No replies to emails or letters. I have tried calling them and they put the phone down as soon as they bring up the order number! I have sent an email to David Nicholas of Halifax to request a chargeback as I have been misled by CarParts4Less as to the usage of the clutch. So I will wait and see what response I get from him.

[Mr-Pieman]

Now CarParts4Less refuse to talk to me. No replies to emails or letters. I have tried calling them and they put the phone down as soon as they bring up the order number! I have sent an email to David Nicholas of Halifax to request a chargeback as I have been misled by CarParts4Less as to the usage of the clutch. So I will wait and see what response I get from him.

 

Hi V5,

just a quick thought does your invoice state the clutch is for your car? Does it mention your reg? If not I would get a screenshot of their site showing that it links to the part you received, just in-case things get messy.

 

Mr-P

[TheV5]

Yup, got a screenshot of their website with my reg number and the parts offered to fit the vehicle.