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Stock Discrepancy - Where Do I Stand?


westwell
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I recently ordered a quantity of clothing online from a wholesalers for my ebay business. I have used them before on a number of occasions, however this time I had a stock discepancy and I was invoiced and paid for a quantity of 50 items but I only recieved 40. I emailed the company immediately to advise them of the discrepancy and they replied by saying they had definately packed 50. The parcel hadn't been opened and I definately only recieved 40 now the company aren't answering my emails and I am unsure of how to proceed. The missing goods value is approximately £120

Any advice welcome?

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Guest ArthurP

I assume you had these delivered to you by some delivery company?

 

If so and you signed the delivery sheet without first checking the contents then you may have a tough fight on your hands to prove any shortage.

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"you signed the delivery sheet without first checking the contents then you may have a tough fight on your hands to prove any shortage."

 

This is a clause that really irritates me, yes I can understand why comanies have it BUT if you buy say a washing machine I know at least one large dealer where you have to sign that its ok before you take the packaging off. When I returned one they explicitly stated that it must be in the original packaging - what if there was a defect you could not see?

 

Nothing of the sort happeneed in this case but I just found it stragne that you have to sign something whcih you cannot possibly do!

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Guest ArthurP

All isn't entirely lost although the onus would be on you to prove you didn't receive your missing items rather than the supplier proving they did provide them.

 

As you have used them before maybe you could ask for a compromise and have 5 sent to you and case closed.

 

It may not always be practical but try and check your delivery in the future. If the courier gets impatient then tell him tough-you want to check the goods or you will refuse the delivery.

 

No driver wants to go back to the depot and maybe call again to you when in a couple of minutes it could be checked and signed for.

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Don't use that company again.

 

In future insist on checking the contents of your deliveries before signing for them.

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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Said company aren't too fussed about your business, then! As pointed out, it's really a "you said, I said" situation. If I were in charge at that place - I'd improve the customer service a bit ;-) Then, I'd probably do as suggested, meet you halfway and offer 5 as a "token gesture".

The BidsterMeister

Helper of the hapless and hopeless...

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Hi, My job involves signing for deliveries then checking it against the dispatch note and booking into our works system....

 

Anything I have to sign for from a courier I have to sign my name and print "UNCHECKED" next to it, that gets you around the "Items received as noted and in good condition" clause that most companies have. Then if there is any dicrepancies they cant say you signed for it as being ok.

 

Maybe best to take the hit this time, or try for a compromise, but I'd sign for things "unchecked" in future.

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I shall assume the Distance Selling rules are for dealings "as consumer" only, otherwise I would have suggested that the onus is actually on the supplier to prove that they did enclose 50. Actaully, come to think of it, it must be this way, as you cannot prove that something does not exist.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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