Signed for tracked. You have to show proof of return to Visa if you are going down the S75 route.
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Exhaust fitment dispute.
- Thread starter Jono
- Start date
T.C
Registered User
You cannot claim for time in the small claims court, only direct out of pocket expenses such as the cost of issuing proceedings.
It is only when the value moves to the higher costs of £5,000 or more that additional costs and legal fees can be claimed back
I'm hoping visa will sort out the issue. Forwarded the E mail trail to them, informed the distributor that I have returned the goods tracked and signed for, waiting game now. Though no doubt more assumptions / accusations will be thrown my way once the exhausts arrive with them.
Make sure you get screenshots of that from Hermes website.
That sounds to me like a company who has done this before and knows how to play it.
Already copied.
Just E mailed them to ask if they have refused to accept the package and the reason why.
If it's deliberate policy then they won't reply.
I'd consider a report to trading standards in their area as a possible useful follow-up.
Your right, no reply as yet.
And so it rumbles on, the reason given for refusal was because I returned them for a refund, now their saying if I want them to inspect the problem I can return the exhausts and fittings again to them. The MD says I was supplied with the correct fittings for the exhaust and nobody has said otherwise. I then sent him copies of the E mails I have received which states they have looked at the images and these are in fact the wrong hangars / clamps for my exhausts, the holes for the bolts being to small, I sent him the one I received telling me I could always drill out the holes to make them bigger. All fun and games.
My view is he's playing.
If you bought them remotely you're entitled to return for refund anyway. All right it's slightly more complicated than that.
I feel he's stalling to get it all outside the time limits.
I'd return them again, sending an email saying "they're being returned as discussed".
Then put a letter inside the package saying you reject the goods and want a refund - if that's what you want.
Take a photo of the letter in place on the exhausts before the package is sealed.
Once he accepts the delivery you'll have your proof they've been returned.
If you bought them remotely you're entitled to return for refund anyway. All right it's slightly more complicated than that.
I feel he's stalling to get it all outside the time limits.
I'd return them again, sending an email saying "they're being returned as discussed".
Then put a letter inside the package saying you reject the goods and want a refund - if that's what you want.
Take a photo of the letter in place on the exhausts before the package is sealed.
Once he accepts the delivery you'll have your proof they've been returned.
I'm just letting Visa do their thing at the moment, I have sent all E mail correspondence to them plus images. If I get no joy I'm happy I have enough evidence to go to the small claims court. Once it's resolved I'll leave a suitable review for them. I have never experienced customer service like this in my life.
Visa initially turned down my claim because there was a mention of compromise in the E mail exchange, but I appealed their letter, pointed out they had admitted they sent me the wrong parts, and quoted the consumer rights act to them. They have now reimbursed my card with the full amount. I still have the exhausts, the monies appears on my card as 'dispute'. Do Visa claim it back off the merchant or do they just stand the loss as part of the Visa agreement.
The card company take the cash from the company
I believe they now have an opportunity to rebut the charge back.
However, they have to support that with a valid reason to rebut and provide copies of correspondence etc.
As you've already done that they would have to come up with something new.
Looks like you're almost there.
It stands unless they persuade the card issuer.
I believe that a business with a charge back record/history can have an affect on their relationship with bank/card issuer - I guess that would be the case if they think there's too many charge backs in relation to sales.
I believe they now have an opportunity to rebut the charge back.
However, they have to support that with a valid reason to rebut and provide copies of correspondence etc.
As you've already done that they would have to come up with something new.
Looks like you're almost there.
It stands unless they persuade the card issuer.
I believe that a business with a charge back record/history can have an affect on their relationship with bank/card issuer - I guess that would be the case if they think there's too many charge backs in relation to sales.
In the case of items of unsuitable quality/faulty I believe they have to try and prove they were OK as supplied - you have already proven that was not the case.
You case is strengthened as you attempted to return the goods and they refused to accept.
You case is strengthened as you attempted to return the goods and they refused to accept.
Thanks, it's a wait and see job for a while then.