Pick-a-Lily
was that summer?
Sorry, this is a bit long winded, but I'm so flaming mad!! :mysmilie_10:
About three weeks ago I ordered a replacement part for my oven. It's an old-ish oven, and apparently the part is now obsolete, but I found what seemed a reliable small company that had it in stock, so ordered and paid by credit card.
A confirmation email came straight away, but then .... nothing.
After a week, I started to have a bad feeling. Emailed to enquire - no response. Left a few days, tried to phone - no answer. Emailed again. Eventually got a response saying the item was not in stock but had been ordered. Then nothing.
Last week, I emailed again, pointed out that the item is obsolete and I didn't think he could source one, and asked for a refund - no reply!
On Sunday, I emailed again and said I wanted to cancel the order, as I had no confidence that the transaction could be fulfilled, again asked for a refund. I had a reply first thing yesterday, saying the item was on it's way with Parcel Force.
Shortly afterwards, the parcel duly arrived, and it's not the correct part, it doesn't fit, and furthermore I don't believe it's even a genuine manufacturer's part, as it has no identifying marks and looks nothing like the original part I'm trying to replace.
I phoned him immediately; he said he'd look into it, asked me for the serial number again, said he'd get back to me by phone within a couple of hours - and didn't.
So last night I emailed him again, told him I wanted a full refund and for him to arrange collection of the incorrect item.
Today, I've had another email from him saying 'returns is the consumer's responsibility as per our terms and conditions on the website', still not electing to refund me, and insisting he can still supply the part.
I've checked the T&C's and they say no such thing, so I quoted his own terms back to him in an email, reminded him that I've cancelled the order, and asked again for a full refund.
I approached the credit card company re a chargeback, but apparently I can't proceed because I've now cancelled the order. Does anyone know if this is correct?
Unfortunately, the purchase was just under the threshold of £100 (by a few pence!) so apparently 'section 75' doesn't apply either!
In which case, what redress do I have against this very awkward trader? I only want my money back, and for him to arrange for return of the incorrect item at his own expense, it doesn't seem much to ask! I've remained polite throughout, in spite of feeling very angry, I've refrained from criticising his lack of communication and his apparently fraudulent behaviour, I just want what is the best part of £100 returning.
Does the Small Claims Court still exist for this type of thing? I can see me having to pursue him all the way.
About three weeks ago I ordered a replacement part for my oven. It's an old-ish oven, and apparently the part is now obsolete, but I found what seemed a reliable small company that had it in stock, so ordered and paid by credit card.
A confirmation email came straight away, but then .... nothing.
After a week, I started to have a bad feeling. Emailed to enquire - no response. Left a few days, tried to phone - no answer. Emailed again. Eventually got a response saying the item was not in stock but had been ordered. Then nothing.
Last week, I emailed again, pointed out that the item is obsolete and I didn't think he could source one, and asked for a refund - no reply!
On Sunday, I emailed again and said I wanted to cancel the order, as I had no confidence that the transaction could be fulfilled, again asked for a refund. I had a reply first thing yesterday, saying the item was on it's way with Parcel Force.
Shortly afterwards, the parcel duly arrived, and it's not the correct part, it doesn't fit, and furthermore I don't believe it's even a genuine manufacturer's part, as it has no identifying marks and looks nothing like the original part I'm trying to replace.
I phoned him immediately; he said he'd look into it, asked me for the serial number again, said he'd get back to me by phone within a couple of hours - and didn't.
So last night I emailed him again, told him I wanted a full refund and for him to arrange collection of the incorrect item.
Today, I've had another email from him saying 'returns is the consumer's responsibility as per our terms and conditions on the website', still not electing to refund me, and insisting he can still supply the part.
I've checked the T&C's and they say no such thing, so I quoted his own terms back to him in an email, reminded him that I've cancelled the order, and asked again for a full refund.
I approached the credit card company re a chargeback, but apparently I can't proceed because I've now cancelled the order. Does anyone know if this is correct?
Unfortunately, the purchase was just under the threshold of £100 (by a few pence!) so apparently 'section 75' doesn't apply either!
In which case, what redress do I have against this very awkward trader? I only want my money back, and for him to arrange for return of the incorrect item at his own expense, it doesn't seem much to ask! I've remained polite throughout, in spite of feeling very angry, I've refrained from criticising his lack of communication and his apparently fraudulent behaviour, I just want what is the best part of £100 returning.
Does the Small Claims Court still exist for this type of thing? I can see me having to pursue him all the way.