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    • In terms of your letter of claim, you've asked us to remove some information – but you have put it up and it's not that critical it's simply bad practice and so we will be leaving in place. It's highly unlikely that the company will stumble across this thread – and anyway no great harm done – but there is no point in spelling out in a letter of claim every detail of the evidence you are going to be relying on if it goes to court. In terms of referring to mediation, it's not up to you. It's up to them. Once again you want to play your hand before it is necessary. Do not do it. Let them make the decisions. They probably will opt for mediation as part of the court process – and then you can simply accede to that. A letter of claim is not the time to start stating this kind of stuff. You come here for advice and I suggest that by and large you follow our advice. In terms of just keeping part of the contract – the frames – as long as you are sure that another supplier would be prepared to supply the glass which is absolutely appropriate for those frames. However, I should warn you that mixing your suppliers like this can eventually lead to problems because you are giving both parties a means by which they can pass the buck onto the other party. This really can get complicated – if the frames fail and the company with which you've already fallen out, then decides to get their own back and they say it is the glass supplier. The glass supplier may well turn round and say no it's the frame supplier – and you are left in the middle and you will have a difficult problem including maybe having to pay for an independent assessment to ascertain whether liability lies. In my view its most ill-advised. You have an opportunity here to predicate your rejection on the fact that you had a single contract and the glass and the frames are supplied as a job lot and the defective glass means that the entire contract is subject to rejection. However, it's up to you. Furthermore, if the frames fail within a particular time, apart from the problem of passing the buck to the glass suppliers, you may find that the frame suppliers are quite reluctant to do any further business with you because they will have long memories. If you really think that after this litigation the frame suppliers will be prepared to continue with you and to supply the glass that you need, then you need to be very certain. Of course they may be very pragmatic and business minded and mature about their dealings and be prepared to supply you with the glass you need with perfectly goodwill and professionalism. However, you shouldn't bank on it. All it needs is one individual within the organisation start feeling that the whole thing is some kind of personal rebuke against them are you are you are you are you you are a you are you you are you are you are a you you are a you.   Anyway, that's my two pennies worth. I think you should follow our advice in terms of legal process and the letter of claim. The rest of it is to how you deal with your windows is simply a bonus for you.
    • Perfect thanks for the reply and apologies for the marker Pen, I thought I had covered it off.    So to clarify, I just ignore this letter and no response is necessary?   
    • First of all, we please deal urgently with the identity of this company. In the title to this thread they are identified as being in Letchworth. This is not correct? We do not want to start firing off accusations against some company elsewhere may be is doing its job perfectly well. Please can you respond to this urgently Post up a link to their website
    • If you scan up letters here by the way, please make sure that they are included in a single file multipage PDF. Please make sure they are all in the correct order, the right way round, and not simply minuscule photographs. You can't imagine the kind of stuff that people put up here when they realise that they're not paying for the advice!
    • Think you've got the wrong Crystal there Slick132...it's Crystal Clear Group Ltd. There's a lot of companies with Crystal in the name!   I agree could take out the struck through part about evidence, although they already have it all already, but I think I need to leave the part about mediation/ADR in, it's important to show I'm open to these, that and the next line came from a template letter before action.  Have asked for that post to be removed via the report button, just in case, the rest of the thread can stay!         The frames are fine, no reason not to keep them, though I could reorder frames from somewhere else it'd be easier to keep these ones as I then already have the measurements for the glass (which I've double checked). I will be asking that question tomorrow though. I have found another supplier I'd be happy to use at around the same price. Glass at the mo is stored mostly upstairs, it's a bit inconvenient as it takes up a lot of space, but no losses as such.  
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Ebay. I am being bullied by Ebay!


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I placed my shop counter on eBay for 'Buy It Now' for £40 with the clearly identified condition that the buyer must collect the item.

 

An eBay buyer [EDIT], won the item and duly paid for it. However, in the end, the buyer decided that collecting it was too much trouble for her and she opened a complaint against me to eBay that she hadn't received her item.

 

The item remains here and has been waiting to be collected for 3 months. I made every effort to assist her to collect or have the item delivered for her item but she was too lazy to be bothered.

 

eBay, in their wisdom, have decided that because the buyer hasn't collected the item, then she hasn't 'received it' and found in her favour, they themselves refunding the buyers £40. I am refusing to reimburse the £40 to eBay out of principle and as a result have had my buying and selling priviledges withdrawn until I reimburse eBay the £40.

 

We are still storing this item and insist that eBay have transgressed their own regulations and contract conditions as a sale is a legal contract and I have done everything I was contracted to do.

 

I submit that as eBay have 'paid' the buyer her £40 without my permission or accepting any remaining liability in any way for this item, they are now the owners and I am pursuing them to collect the item from me and settle the 50p per day storage charges they have incurred. They in return continue to regurgitate the same incorrect 'facts' and send steriotyped 'DEMAND' emails every day!

 

eBay. consider. that because they hold the ability to suspend the trading powers of members who they don't agree with, can bully those members into surrendering and agreeing with their 'judgements' no matter how illogical, unfair and nonsensical those judjments are.

 

Colin Lewis.

 

I am also seeking out other blogs upon which to air and spread my complaint. Any suggestions?

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Nothing new there with ebay I'm afraid. They always side with the buyer. I hope you get it sorted one way or another, but unfortunately it's not really my field. ebay in fact, is more of a minefield. Especially Paypal.

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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