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Issue with a table saw....damaged


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Ok the first letter was to amazon rejecting the first saw and advising them to collect it (still haven't even though to mitigate I have been on chat four times already to mention this and taken screen shots). 

 

The second letter (also to amazon) was regarding the replacement order, also reserving the right to reject if Bosch do not fix the table saw and deem it to be amazons fault for the damage.  - To remind you Bosch has collected the second one to see about fixing it. 

 

I have had the first saw sitting around since it was delivered,  around 1 April

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Okay. So let's say that the second one is in hand. I suggest that you send a letter to Amazon explaining to them what has happened with the second saw and tell them that you will let them know the result of the repair by Bosch but that you are reserving your position.

Deal with the other saw – the first one which is still at your home – completely separately. Keep the correspondence separate – sent in separate envelopes et cetera.

I think that you have had it at your home quite long enough and I think you should now tell Amazon that it has gone on too long and that will now levying a daily storage charge if they have not collected it in seven days time. You should decide a rate – but it seems to me that for an item so large and so heavy, 5 pounds per day is reasonable. Tell them what the rate is.

If they pick it up in the next two or three days then you should simply let them have it and forego any service charge. On the other hand if it goes on long enough before being collected that the amount of money become significant, then if they attempt to collect it, you should allow them to have it that then you should think about claiming the money from them in a County Court action which we will help you with.

Don't expect them to be pleased about it but if they end up owing you hundred pounds also on the storage charge then frankly I think it would be worth it. You have given adequate notice.

Of course, it's up to you and you might decide at the end of the day that the whole thing is too much hassle you get your machine back from Bosch correctly repaired and you get rid of the other one. This is a decision you will have to make once the matter is sorted out.

If this business goes on for too long – and I'm talking about say two months or three months, then I think we will have to consider giving Amazon notice that you are going to sell the extra saw, deduct your storage costs and give them the rest the money.

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Ok - sure - I wrote to amazon on the 21 April (recorded) and gave them until the 28th to collect it, have also been on chat twice to give them the opportunity to collect it.  They haven't, still sitting here - I did advise a £5 levy per day - so I'll start the clock - but as you say I will send another letter copy that first one in advising I am charging, if they do collect it ASAP then I will let that slide, if they don't then I will proceed as you suggest. 

 

In regards to the bosch (possibility to repair) have sent that letter also reserving the right to reject as you suggest.  

 

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I think it's important to give them notice that a storage charge will be applied.
I think seven days is not unreasonable.

Don't forget, that if you do apply a storage charge and if you want to claim from them then you will deftly have to litigate for it. Don't expect them to pay without being forced to buy a court order. Give proper notice so that you are squeakyclean

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Oh I agree, I wrote on the 21 giving them until the 28, no response, no collection. 

 

I am going to write again tonight and enclose a copy of the first letter also and advise that I am now charging them (try to see if they get to pick it up sooner). 

 

Was thinking something like this....

 

I wrote to you on the 21 April 2021 (copy enclosed) rejecting my Bosch Professional 0601B42070 GTS 635-216 that I purchased from you at amazon.co.uk. 

 

I advised that after numerous attempts to have you collect this item that if it was not collected by the 28 April 2021 I would levy a charge of five pounds per day storage.

 

As you have failed to collect the item this levy is now being enforced.  I shall not be communicating again to ask you to collect this item. I advise you to collect the goods in order to mitigate the costs you will incur. 

 

 

(please feel free to alter). 

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Well I don't like the use of the word "would" levy a 5 pounds charge. It makes you sound like a supplicant.

I would point out that given the weight of the item – 26 kg (or whatever it is) and the size of the item –HxWxD - and that you are obliged to keep it in your own home, you consider that they had more than ample time to collect it and it is now putting you to huge inconvenience and you are proposing to levy a storage charge of 5 pounds per day starting XXX date.

If they will not pay this then you will sue them for the full amount plus interest

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Interestingly this evening I’ve just had an email from Bosch to advise they will not be repairing the tablesaw but replacing it. I should receive it within 5 working days. 
 

fingers crossed this one is ok!

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Sounds like a great result.

That makes the whole thing a lot easier so let's see what happens about the collection of the other one

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  • 2 weeks later...

I am back....with the update....

 

After two letters to Amazon no one has bothered to get in contact or collect the faulty table saw (as of the time of writing this). 

 

In regards to the one Bosch took back, they agreed to replace it - didn't have any stock and said that wouldn't be possible until June, however today I have an email saying they have decided to upgrade it to the slightly 'better model' and have sent that out,  fingers crossed that is good. 

 

As Bosch took the initiative and replaced the faulty unit with a new one that now leaves only the issue of the original unit from amazon that they never bothered to collect. 

 

How best to proceed from this point?

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So what does the storage fee come to now?

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The first letter was dated 21.4.2021 and sent to them advising £5 charge, the second letter went 05.05.2021, on the original letter gave them until the 28.04 to collect it and they didn't. 

 

So if we count 28.04 until writing this 18 days @ £5 per day = £90

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I think it's important to keep the really tight paper trail – so why not write to them and refer to your previous letters and their lack of any response and point out that the storage charge is now £XXX and increasing and that they should advise you as to the arrangements they are making for collection.

They will probably ignore this as well but at least you are showing lots of good faith and a lot of effort to get it sorted and to help them mitigate their losses

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Will do...I’ll come back when abs if I have an update, or after 14 days. Whichever comes sooner...

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Start checking resale values on eBay

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  • 2 weeks later...

Ok I have an update - today I received an email from amazon saying they have charged the card that was paid for the saw (even though I deleted it from the account). I have logged in and seen that a Pending charge is on my card. 

 

Needless to say they have no responded to any of the correspondence or collected the saw. 

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Contact your bank and challenge the payment. Was a debit card or credit card?

If the bank refuses to reverse the payment, then write to Amazon and tell them that the saw has been available for their collection for some considerable time and they have ignored your correspondence.

It looks as if we may have to begin a claim against Amazon if they have taken the money

 

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It's a charge card. I know they won't do anything until it appears on the statement and I can create a chargeback online anyway.   I will chat to them online and see what they say. 

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Well give them a warning over the phone anyway and following up in writing with a clear instruction that is not to be paid.

Tell them the whole thing is in dispute and you have detailed correspondence and that they are breaching consumer rights laws. Phone up, given that message – try and get a reference number – and then put it all in writing and use that reference number.

Once again, a substantial paper trail where you let everybody know as much as possible about everything – especially in advance – is always an extremely good idea

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I can't raise a dispute until the transaction gets posted to my statement at the present it has been authorised but only as pending, amazon haven't claimed the funds.  Once they claim it will appear and I can automatically go into my accountant raise the dispute uploading all the correspondence. 

 

I will not write to amazon (as the charge will probably show on the card fully in the next could of days) however I will go on amazon chat and also get a chat recording. Once the charge shows and I have raised a dispute then I will contact amazon again in writing as I will have the dispute reference number. 

 

Do I leave it as a dispute or do I issue proceedings after that?

 

I have now stored it since the 21 April since I rejected it - 28 April was the final date I gave before charing them £5 storage per day. 

 

 

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Let's see how it goes – but for the moment I would give a written instruction to the bank not to pay so that you have got it on record. Also send another written reminder to Amazon that they have failed to collect it and that they are still incurring storage charges.

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Ok so a bit of a twist, I spoke to amazon on the chat, wrote everything that happened failed to collect blah blah, letter of x date, charges from this date etc. Now you have failed to collect and charged me. 

 

The response....

 

Sorry - have issued a refund and arranged another collection. It will be collected within 4 days. 

 

I went on to complaint that I was letting them have the saw back but they still have to pay the storage fees. 

 

Furthermore....we will pay the storage fees once it has been collected. 

 

 

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Excellent. You got that all in writing?

Make sure you have got a printout of it all to supply to your bank in case there is any issue about a chargeback – in case they don't reimburse you.

Also once they have collected it, you should be prepared to send them an invoice.

Things can still go wrong – but it's looking very interesting. Thanks for the update.

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