The small claims court will hope you have sent them a LBA, before going on to making a claim with them - it gives the company a nudge to first settle before court.
Stone delivery company won't fully refund my money
- Thread starter blackbirdxx
- Start date
The small claims court will hope you have sent them a LBA, before going on to making a claim with them - it gives the company a nudge to first settle before court.
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Agreed, I should have clarified that I meant that the OP tell the company that they will lodge a case if they do not arrange collection and a full refund, rather than automatically lodging case.
Oh, and send the letter as recorded delivery and email them them once you have proof that the letter was signed for.
You (the OP) have documented proof that they delivered the wrong product. If they charged you for delivery- you are absolutely not liable for the return costs and are entitled to a full refund. I would expect the court to find in your favour in the blink of an eye.
The last time we had to lodge a case, it was with a local plumbers' merchant (we purchased a basin, returned it, was told there might be a handling fee, 4 months later we hadn't had any refund- they kept fobbing us off). We turned up in court, they didn't bother. I was there as a witness. The judge listened to what we had to say, because they didn't bother turning up he did not hesitate to find in our favour. My GF was able to claim an addition £75 for my loss of earnings as a witness and the cost of lodging the case. We got our money back pretty quickly. The firm now has a "satisfied" CCJ, which probably harmed their credit rating nevertheless.
BTW, the judges are not scary, it is pretty informal. It will be you, the judge, a clerk, and possibly someone from gravelmaster sitting at a table.
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C
Captain Nemesis
Do not do that.
Keep it professional, factual and unemotive.
It will do you no good in court if the defendent can paint you as someone who makes wild threats.
Call Paypal, I have found them to be very helpful in the past. When you explain the nature of the delivery, hopefully they will understand. Even if the seller continues to play silly buggers, Paypal sometimes refund you in full anyway. But then you need to deal with removing the incorrect product.... maybe a new supplier will accept it as a 'gift' when delivering a replacement!
C
Captain Nemesis
Check with CAB - if they refund in full the material is their property, and disposing of it might be theft.
A second legal action to get them to remove it might be needed.
Whatever, if/when they do collect, film the operation.
A second legal action to get them to remove it might be needed.
Whatever, if/when they do collect, film the operation.
I kinda get your point, I probably didn't explain myself clearly (it is indeed intended as a threat of last resort)- however if the firm is unwilling to honor their side of the contract, the OP is legally entitled to leave (honest) feedback on the internet. In the UK it is covered by "fair comment" (now referred to as "honest opinion").
I would not expect a judge to penalise a claimant for (legally) publicly mentioning that they asked the supplier to adhere to the law and that the firm refused to do so. The case is black and white (based on what the OP tells us, and I have no reason to doubt them). The OP placed an order, the firm made an error. Presumably, the margins on the product are so low that their paying for collection would be more expensive than raising a refund.
With hindsight, the OP should have refused delivery but he/she would not have known that the product was not correct until it had been dropped off- it looks like the delivery driver refused to pick it back up. The OP's contract is with the supplier and not the delivery firm. The delivery driver is also at fault, he/she should have lifted the bag back up but it is not unreasonable for the OP to not want to become embroiled in a confrontation with the driver (read: a contractor of the supplier, who may, or may not, have been intimidating).
The OP now has a tonne of product sitting on their drive which is potentially preventing them from completing the intended works.
Just out of interest, what stone was ordered, and what was delivered?
I ordered 40mm Plumbrown slate and received poor quality blue slate which had a large %age of stones < 40mm. The ticket also said blue slate.
So they, in my lay opinion, cannot deny that they they sent you the wrong product. They are at fault. Period.
I wonder if they take "back to back" orders. By that I mean that they may not actually hold stock and simply deliver (via "white" label) from the nearest local supplier.
I had a delivery from them a few weeks ago, and it comes in branded bags, so unless they send them out, I think it comes from a central facility
The outcome to this PITA is that Paypal did come to the rescue. I phoned them up and after a conversation telling me they only pay out a max of £15 for a return they did give me a £60 token to cover this cost. Not sure if Gravelmaster is getting way with its shoddy practice again, but at least I've recouped my money.
Thanks all for the help...
Thanks all for the help...
But don't you still have a ton of useless stone on your driveway?
C
Captain Nemesis
But not £60 in real wonga which you can use to pay for shipping the stones back, just a £60 voucher off future spend on other things via PayPal?
Well it seems they are, because you are still going to have to pay to get their unwanted goods back to them.
Not really.
Stick to your guns - the law is 100% on your side here - Gravelmaster are unquestionably entirely responsible for the cost of return. Not PayPal, and not you with some PayPal IOU.
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