DonB Posted June 9, 2009 Report Share Posted June 9, 2009 Hi guys, Wondering if I can ask for opinions on a situation I've found myself in with a well known UK seller of aftermarket car parts. I haven't named the company in question, and it is mainly out of frustration that I'm posting this. Briefly, the details of the situation are as follows: I purchased a set of mirrors from the company in October last. One of the mirrors was unfortunately damaged on delivery, and I unfortunately signed for the package (was in a meeting and had to duck out to sign for it, with no time to check the contents). I posted the damaged mirror back to the UK. The package was apparently lost in the post. I subsequently pursued the post office to recover some value of the mirror. That came to a dead end after 6 months and I accepted that I just had to go ahead and buy another mirror. I called the company in the UK a couple of weeks ago to order a replacement mirror and paid via paypal. The mirror was sent out, but was unfortunately received damaged also. I, (as per advised by the company's website) didn't sign for the package and refused it. The seller now says he has not received the package I refused and will not send another mirror to replace the damaged one until he finds out what happened to the one I refused and then makes a claim from the post office to recover his costs. I have been advised by Trading Standards in the UK and the European Consumer Centre both in Ireland and the UK, that my contract is with the seller and not with the Post Office, and I should not have to wait until the seller makes a satisfactory claim with the post office. I'd be very grateful for opinons on the situation, maybe from someone who's been in the same situation in the past? Thanks, and apologies for the long post. Link to comment Share on other sites More sharing options...
mit Posted June 9, 2009 Report Share Posted June 9, 2009 Did you pay by paypal again? I'd open a paypal dispute if I were you. I had a similar problem when I ordered a mobile phone on ebay from a seller with lots of positive feedbacks. Basically he hadn't put my name on the address label so the gatehouse at my work refused to sign for it as they wouldn't know who the package was for. It went back to the post office and sat there for 7 days before they returned it to the sender. I only found out because I went to the post office asking about it and they recognised the package but by then it was too late and they had already sent it back. The seller claimed he never received it and that the post office had sent it to their sorting office in Belfast (no idea why) but as far as I was concerned that wasn't my problem and I just wanted my money back (or the phone I'd ordered). I contacted paypal and a couple of months later the dispute was resolved in my favour so I got my money back. In your case I'd say you've got no leg to stand on for the first mirror as you should have sent it back recorded or registered post. For the second one, you've refused delivery so you should get a refund but most sellers won't refund until they get it back. They 'own' the shipment though and they should have the tracking information, so it's their problem if the post office has lost it. I expect Paypal will resolve this one in your favour... Hopefully this isn't the same seller, but I've ordered mirrors from C3 BMW (www.c3bmw.co.uk) and found their service to be very good, so maybe you could try ordering from them Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 Cheers for the fast reply. I'm not looking for any type of refund on the first mirror that went missing, I've accepted that was my fault. I just included that detail, as it outlines that two separate packages were received damaged from the same seller. I've spoken with paypal, they've assured me I would be able to recover the second amount without a doubt, but I'll then be left with one mirror in my possession that I can't fit to my car, or sell on, so a replacement is really the preferred outcome. Link to comment Share on other sites More sharing options...
BMA 330 Posted June 9, 2009 Report Share Posted June 9, 2009 humm personally if i ordered a mirror from a company that arrived broken i wouldnt have ordered from them again but thats just me.. but you said that you paid via paypal. paypal has a dissagreement section where you can get your money back. i would give the company an ultimatum.. like this is the 2nd time this has happend where you have taken my money and i have not received the goods promised send in that form by the end of the week or i file a dispute with paypal. Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 humm personally if i ordered a mirror from a company that arrived broken i wouldnt have ordered from them again but thats just me.. I see where you're coming from...but in fairness to the seller, he offered the second mirror at a good price, and I wanted to make sure the second mirror matched the first. Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 Sent the 2nd mirror at a good price!!!!! But it was broken as was the first one................ Paypal claim mate, all the way. and dont order from em again........... Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 Sent the 2nd mirror at a good price!!!!! But it was broken as was the first one................ Paypal claim mate, all the way. and dont order from em again........... Yep, but at this stage he was offering no alternative, so I just it the bullet and paid for the second one. I have tried to see it from his perspective, but if I was a seller of similar types of goods, I'd try to ensure they got to where they were going in one piece...and if they didn't, I'd acknowledge the fact and try to remedy it. Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 The onus is on him mate. The package arrived damaged and you refused to sign for it, so in effect it was never delivered. He is not going to pay you the money so let paypal chase it. Link to comment Share on other sites More sharing options...
Aly Posted June 9, 2009 Report Share Posted June 9, 2009 Totally agree! Take it up with pay pal! They are quite good when it comes to these things... Good luck!!! Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 The onus is on him mate. The package arrived damaged and you refused to sign for it, so in effect it was never delivered. He is not going to pay you the money so let paypal chase it. Totally agree! Take it up with pay pal! They are quite good when it comes to these things... Good luck!!! Cheers guys, and I agree, but if I open a paypal dispute, I'll be in a situation where I have one mirror in my possession which was paid for originally in October with my credit card, and this is now out of cover with my credit card company unfortunately. So, if I claim via paypal, I'll have one mirror I can't use and still be out of pocket for £159. Link to comment Share on other sites More sharing options...
BMA 330 Posted June 9, 2009 Report Share Posted June 9, 2009 the mirror cost £159????????????? it best be made of carbon fibre for that amount as for the first mirror that got lost in the post the post office normally contacts both sender and receiver to co-oberate the story then normally a refnd is given and as for the 2nd one contact the seller give them an ultimatum then paypal dispute if they dont co-operate Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 Mmmm, trying to make the best of a bad situation........... I see what ya mean. Is there no way ya can get a new mirror match for the one you have? That way your only out of pocket until paypal stump up Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 I should probably explain better...the pair of mirrors were £159 when I bought them in October last. The damaged one I sent back got lost in the post. I still have the undamaged one in my possession. I paid a further £70 to replace the one that was lost in the post...so if I get a refund from paypal for the £70, I'll still be out of pocket to the tune of £159 for the original amount. Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 I see. Shame ya paid again but thats history now. Theoretically your only down £79.50 as you still have one mirror so I would claim for the one you returned but in the meantime try and source one for around £70. When ya get paid by PP your all even. If I'm understanding correctly? Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 I see. Shame ya paid again but thats history now. Theoretically your only down £79.50 as you still have one mirror so I would claim for the one you returned but in the meantime try and source one for around £70. When ya get paid by PP your all even. If I'm understanding correctly? Not quite....if I get a refund through paypal for the second amount, I'll still have one mirror that I can't fit to the car and be £159 down. So if I use the money I get from paypal and buy another mirror from elsewhere I'll have paid the original £159 and another amount to another seller for another mirror. Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 Mate, your not £159 down because you still have half the purchase in your posession. Now, if you can source the same mirror as you still have then your sorted aint ya??? and you will shortly be getting back money from PP or am I missing summat........................ Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 The clincher here is if you can get another the same I suppose. Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 Mate, your not £159 down because you still have half the purchase in your posession. Now, if you can source the same mirror as you still have then your sorted aint ya??? and you will shortly be getting back money from PP or am I missing summat........................ Sorry mate, misunderstood....yep, if I can source the same mirror elsewhere I'll only be £79.50 out of pocket. So I'll have paid a total of £229 for 2 mirrors. I see your point now, sorry..in work and checking the thread when I can Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 Thought I was pulling teeth then fella Exactly, then subtract what PP pay you back. But it's wether or not you find 1 mirror the same eh? Link to comment Share on other sites More sharing options...
mit Posted June 9, 2009 Report Share Posted June 9, 2009 I was reading through this thread and getting really confused! I'm with ljc8165 on this one - if you still have one mirror you're only £79.50 out of pocket since you've originally paid £159 and then another £79.50 but you stand to get the £79.50 back, and you still have one mirror which is worth £79.50 (so that just leaves the value of the first mirror you sent unrecorded which you accept was your fault anyway). Sounds to me like you just need to find one replacement mirror (from ebay or whatever) and then you've got a pair of mirrors again? Are they standard BMW ones, or something else like M3 reps? Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 Hi Mit, you're right, I was reading posts too fast and confusing myself. They're ACS Style mirrors. Link to comment Share on other sites More sharing options...
ljc8165 Posted June 9, 2009 Report Share Posted June 9, 2009 I reckon you'll be able to pick one of those up mate!!! But not from "Fail to deliver" and Co............. Link to comment Share on other sites More sharing options...
BMA 330 Posted June 9, 2009 Report Share Posted June 9, 2009 have you checked eBay theres normally a good varety on there. even if its not the right colour it doesnt cost much to get it sprayed. Link to comment Share on other sites More sharing options...
DonB Posted June 9, 2009 Author Report Share Posted June 9, 2009 have you checked eBay theres normally a good varety on there. even if its not the right colour it doesnt cost much to get it sprayed. Yep, pairs usually go for about 150 - 200 when they're available..was outbid on a couple of sets last year, hence the reason I went for the replicas. Link to comment Share on other sites More sharing options...
