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    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Actionfraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
    • It'll be something to the effect of:  "I am in receipt of your letter before claim.  I was awaiting a passenger as a licensed cab driver on the Locton estate who subsequently cancelled the pickup after me waiting a while and will fight this in the small claims court if necessary. Plus I have friends who are experts in contractual law and make it their business to defeat these spurious PPC claims.  So issue the claim form or go forth and multiply, up to you"
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We have recently purchased 2 bathroom suites from Bathstore for our house. Afterlooking at other suppliers, we opted to choose Bathstore because of the qualityof products on show in their showroom and the Bathstore "promises"they have posted around the store and on their website (a selection of whichcan be seen below).

Both the main bathroom and the en-suite bathrooms were fitted by professional tradesmen who had previously worked on other projectsaround our home.

The shower screen in the en-suite bathroom was fitted with a new bi-folddoor but it will not open or close correctly without an unreasonable amount offorce. The door closes with a loud bang, not the sort of noise one likes tohear from large panels of glass. Once inside the shower unit, the door needs tobe opened, again with excessive force using the fitted handle which is already becoming loose after just 3weeks of use.

We contacted Bathstore to inform them of this issue and we wereimmediately told that people from the store were not insured to come and assessthe situation. Eventually, they did send out a senior member of staff (a guycalled John who incidentally designed and created the order for the bathrooms) and anewly promoted store manager. We arranged the tradesman who fitted thebathrooms to attend this inspection so that he could answer any questions thatBathstore may have regarding the installation.

John said at the time of the inspection that there didn't appear to beany issues regarding the installation and he had no questions for the fitter. He alsochecked, several times that the enclosure opening where the screen is fitted waswide enough to meet the technical specification of 850mm. He thoroughlyinspected the door from the outside and from within the shower enclosure anddid agree with us that the door was very tight and he hadn’t seen one operate like thatbefore. It was suggested to him that he had opened and closed the doors morethan 40 times during this inspection and that the bi-fold door was not becomingany easier to open/close during use. John said he would contact the technicalteam to discuss this issue and get back to us.

 

The response from Bathstore Technical was that the door was “within the technical specification”,which we strongly dispute. We were told that we had two choices neither ofwhich are acceptable in the circumstances:

1, Replacement of exactly the same panel but, WE WOULD HAVE TO TAKE THERISK of it not fitting correctly again and no further remediation would beoffered by Bathstore if this was the case.

2.An alternative fully hinged opening door, however, this is not anoption. A large opening door isn't feasible in such a small room.

Atlas Bi-Fold Door Bathstore Technical Spec:

Adjustment range (mm)

850-900 recess

ActualShower enclosure opening 851mm - This is within the technical specification

We are obviously very disappointed not just with the bathroom beingincomplete but Bathstore seemingly going against all the 'Promises' they makein store and on their websites about wanting the customer to be happy and satisfied.

A full refundof £369.27 has been requested by email to the store manager and this has now been refused.

We paid for all the Bathstore products with Credit Card

Can anyone please advise next steps in achieving our objective of a fullrefund from Bathstore for the shower screen.

Quotes from Bathstore Showroom and/orWebsite:

· "With172 stores nationwide, we are on your doorstep and ready to help you achieveyour dream bathroom. We offer a personalised, face-to-face service which meanswe are with you every step of the way, from inspiration to installation andbeyond."

· "Wewill only be happy if you’re happy"

· "Serviceby design is our promise to help make your dream bathroom easy, from design toinstallation and beyond".

· "Ourstore teams are trained to offer the best service possible and we follow up onevery installation to make sure you're completely satisfied."

· "Wewant you to have complete peace of mind before, during, and long after you’vechosen Bathstore."

· "Bathroomsthat stay perfect, guaranteed."

· "AllBathstore products are engineered & manufactured to exactingstandards"

· "Relax.You're in expert hands."

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Hi chipper64

 

You will need to prove that the shower screen is faulty. You will need to send all the correspondence with Bathstore to your Card Provider. It might be an idea to get a letter from your installer stating that it has been installed correctly, but there's an inherent fault with the design of the shower screen.

 

Write to your Card Provider, asking to do a Section 75 claim. Send it Recorded Deliver. The link below has a template.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

You also have the option to request a Chargeback

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

Do everything in writing.

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What type of proof do i need to provide?

 

The door just wont close without applying excessive pressure and from inside the shower cubilcle, a similar ammount of force is needed to open the door. The one in the showroom opens and closes fully with no real effort.

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Hi Chipper64

 

Your going to have to convince your Card Provider that the shower screen is faulty and that you have done everything to resolve the matter.

 

The reason I use the word 'convince' is that it's generally hard work. The correct template filled in. The correspondence from Bathstore, they've suggested an alternative to the shower screen, so they accept that the shower screen is unacceptable.

 

Have you got email correspondence from Bathstore? It would help your claim if you have?

 

 

What type of proof do i need to provide?

 

The door just wont close without applying excessive pressure and from inside the shower cubilcle, a similar ammount of force is needed to open the door. The one in the showroom opens and closes fully with no real effort.

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Just had another response from Bathstore. I'll edit/upload it later.

 

At what point, in what will be a long process, can i begin to build up a list of my costs? I'm hourly paid and this thing needs my attention?

 

Thanks for any help.

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Ok, Here's the update I promised (I keep my promises, unlike Bathstore because at the moment i'm not happy or satisfied with them):

 

 

The email response starts off with that attending our property "wasn't a service they normally provide".

 

 

They then state that:

 

  • They measured the opening for the shower door in 3 places (top, middle and bottom) and it was found to be 850. The minimum door adjustment is also 850.
  • They measured the tiles and door with a spirit level and found no problem with either of them.
  • They checked all the runners and found no issue with debris
  • They passed all this info to their Technical Team who then deemed the door "not to be faulty".

 

 

(I'm not sure at what point a door that won't close without excessive force isn't considered faulty!!)

 

 

The Tech Team said they don't want to replace or refund the door however, the Regional Manager, out of "goodwill" agreed to replace the door such that we wouldn't be "unsatisfied" but would not refund it as it had been used and wasn't faulty.

 

 

We were then given 3 options:

 

  1. Replace the door with exactly the same model. If it didn't fit it would be at our risk.
  2. Replace with a hinged door of a similar style.
  3. Replace with another model but also a hinged door.

 

(Hinged doors were not an option for us due to the limited space in the en-suite bathroom, we would of never chosen these at the design stage for that reason and they were made aware of that at the design stage)

 

 

Then theres some blah blah about why we rejected the 3 options due to their unsuitability or us having to take the risk of the replacement not fitting. They also state that the reason the replacement door was offered was not due to the door being faulty but as gesture of good will.

 

 

They now consider the matter closed.

 

 

They haven't addressed that fact that excessive force is required to open and close the door (which in the main is glass). On their site visit to our house they did agree that it was tight and would maybe loosen off with use!!

They haven't said there's a problem with the space/enclosure where the shower goes. All measurements suited their Spec for the screen.

They haven't said there are any faults with the fitting (although last weekend in the shop they inferred that it hadn't been fitted to spec. When challenged on this, no answer was given as to why the issue wasn't raised during the inspection visit with our fitter!!)

 

 

A letter has now gone to the credit card company asking for a full refund under Section 75 of Consumer Credit Act.

 

 

Does anyone know if their instore/website 'Promises' carry any legal standing?

 

 

Thanks for any constructive comments/opinions etc

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Excellent (claim to CC), lets see what the Credit Card company say. If there is anything that is misleading regarding their advertising, then you can complain to the ASA, but you need evidence.

 

http://www.asa.org.uk/Consumers/How-to-complain.aspx

 

Ok, Here's the update I promised (I keep my promises, unlike Bathstore because at the moment i'm not happy or satisfied with them):

 

 

The email response starts off with that attending our property "wasn't a service they normally provide".

 

 

They then state that:

 

 

  • They measured the opening for the shower door in 3 places (top, middle and bottom) and it was found to be 850. The minimum door adjustment is also 850.
  • They measured the tiles and door with a spirit level and found no problem with either of them.
  • They checked all the runners and found no issue with debris
  • They passed all this info to their Technical Team who then deemed the door "not to be faulty".

 

 

 

(I'm not sure at what point a door that won't close without excessive force isn't considered faulty!!)

 

 

The Tech Team said they don't want to replace or refund the door however, the Regional Manager, out of "goodwill" agreed to replace the door such that we wouldn't be "unsatisfied" but would not refund it as it had been used and wasn't faulty.

 

 

We were then given 3 options:

 

 

  1. Replace the door with exactly the same model. If it didn't fit it would be at our risk.
  2. Replace with a hinged door of a similar style.
  3. Replace with another model but also a hinged door.

 

 

(Hinged doors were not an option for us due to the limited space in the en-suite bathroom, we would of never chosen these at the design stage for that reason and they were made aware of that at the design stage)

 

 

Then theres some blah blah about why we rejected the 3 options due to their unsuitability or us having to take the risk of the replacement not fitting. They also state that the reason the replacement door was offered was not due to the door being faulty but as gesture of good will.

 

 

They now consider the matter closed.

 

 

They haven't addressed that fact that excessive force is required to open and close the door (which in the main is glass). On their site visit to our house they did agree that it was tight and would maybe loosen off with use!!

They haven't said there's a problem with the space/enclosure where the shower goes. All measurements suited their Spec for the screen.

They haven't said there are any faults with the fitting (although last weekend in the shop they inferred that it hadn't been fitted to spec. When challenged on this, no answer was given as to why the issue wasn't raised during the inspection visit with our fitter!!)

 

 

A letter has now gone to the credit card company asking for a full refund under Section 75 of Consumer Credit Act.

 

 

Does anyone know if their instore/website 'Promises' carry any legal standing?

 

 

Thanks for any constructive comments/opinions etc

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The promises are all over the showroom and the website. I've listed them in my first email and reading back through them makes me feel sick. They're just PR lies and B/S. If they are legal claims though, they are failing on several fronts.

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According to them they do not fail customers, lots of promises. But I would concentrate on the Credit Card company. For the time being.

 

The promises are all over the showroom and the website. I've listed them in my first email and reading back through them makes me feel sick. They're just PR lies and B/S. If they are legal claims though, they are failing on several fronts.
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  • 9 months later...
Hi- Unfortunately it appears we have a similar problem with Bathstore and a shower door. I was wondering if you finally managed to get the matter sorted?

 

 

 

Yes, EVENTUALLY, we received a full refund but it wasn't easy. We've now got another issue with shower cartridges. After about 8 months, they began to drip, mainly in the evening. We were told by Bathstore to contact their suppliers. We di this, then we were told WE were to maintain the cartridges by stripping them down. A series of emails were sent and received with us basically telling Bathstore that their own literature suggested the maintenance only be carried out by a qualified person!!

 

 

What you need to do is KEEP reminding them of all the customer promises that they plaster all over their stores.

 

 

The products appear to be ok generally, but the customer services certainly doesn't match up to the 'promises' they make. From what I hear, other 'larger' stores are similar in their customer services too. Once they've got your money it's a battle to get things put right.

 

 

My suggestion is to pay for things using a credit card then, at worst, you take up any issues with the card suppliers.

 

 

Best of luck.

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