Stone delivery company won't fully refund my money

[blackbirdxx]

Hi,
I ordered a large tonne bag of decorative stone from a company called Gravelmaster for £128 which included free delivery. Unfortunately, they didn't deliver the correct stone but the delivery company wouldn't return it as they said they were a different company and I'd have to take the case up with Gravelmaster. Contacting Gravelmaster proved near impossible, but despite numerous phone calls and emails with attached pics they made a single reply saying that as far as they are concerned they sent the correct product. This is despite me sending pics of the delivery showing the mistake along with stapled paperwork which indicate another type of stone.

I was thankful that I'd purchased through Paypal as I thought all would be sorted. Unfortunately, Paypal has told me that Gravelmaster has agreed to a full refund so long as I return the delivered load. They inform me that a refund will be given so long as I pay the return delivery. As you can imagine, to return a tonne bag of stone will cost me a fortune. I feel that Gravelmster is taking the P@?!S as they know very well that I will never do this and probably just make do with the product delivered.

Has any one on this forum experienced this type of shoddy practice and can advise me the best way to go from now. I believe that Gravelmaster should be forced to collect their delivery which is obstructing my driveway and replace with the correct stone but am I asking too much? I'm unsure whether I should be contacting Paypal again for the transport to be refunded as well or doing it some other way?

Thanks in advance...

 

[^woody^]

You can reclaim postage with PayPal. https://www.paypal.com/uk/webapps/mpp/refunded-returns

Clearly a SOGA issue or breach of contract under other consumer law. If the company is not near enough for you to pay them a visit with the back of a shovel, then it's the council's trading standards or a county court small claim.

 

[johnny2007]

Or you can do what Ebay scammers do.
Send an empty envelope to their address via recorded delivery.
Paypal will refund you as soon as the tracking shows it's been delivered.

 

[blackbirdxx]

Clearly a SOGA issue or breach of contract under other consumer law. If the company is not near enough for you to pay them a visit with the back of a shovel, then it's the council's trading standards or a county court small claim.

Thanks for the info. I have been told that Paypal only pay a max of £15 towards return transport, not sure if that's true? Will cost far more than £15 for me, so not much help there...
Do I approach my local council trading standards or the council near the supplier, or does it even matter? or, should I go straight to the small claims court?

 

[mikeey84]

I'd send them a formal letter, recorded to their business address, saying that they are clearly in breach of contract and they have 14 days to uplift the stone and deliver correct, or issue full refund or you will seek to claim the cost back from the small claims court.

The small claims court is dead easy. All it takes is a few clicks and you have a prima facie case here

 

[^woody^]

Thanks for the info. I have been told that Paypal only pay a max of £15 towards return transport, not sure if that's true? Will cost far more than £15 for me, so not much help there...
Do I approach my local council trading standards or the council near the supplier, or does it even matter? or, should I go straight to the small claims court?

"The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. If you require help with a consumer problem, please call 0808 223 1133 or complete the online form. Your request will be referred to the most appropriate Trading Standards Service if an investigation is necessary."

 

[cdbe]

You need to make it clear to PayPal that the product was faulty/significantly not as described. The company will have just said it's a "change of mind" return. I believe you can threaten PayPal with FCA if they're difficult. Problem with PayPal is you lose any section 75/ chargeback rights.

 

[johnny2007]

You can still do a chargeback against PayPal with some banks, but then PayPal will block your account and send some threatening letters.

 

[HERTS P&D]

Send them back, each stone in an envelope with no stamp.



It will cost them ££££ to go and pick up the post.

Andy

 

[opps]

If the cost included delivery (ie. arranged by Gravelmaster) then I cannot see how they can rightfully expect you to pay to return a product that you didn't want. Under what current UK regulations, if you purchase something online you are only responsible for the return postage if you change your mind

Did you pay (via paypal) by debit or credit card? If credit card, just phone them and let them deal with it- given that the transaction was more than £100 they have to take ownership of it.

If I were you, I would tell Gravelmaster that I am taking them to the small claims court. Assuming that you haven't omitted to mention anything else, the case is a slam dunk. If Gravelmaster do not pay the CCJ the court can force them to stop trading (if they are a Limited liability company). I would also warn them that you will post their website here and on other forums/social media.

This site ranks pretty highly on Google.

That said, I would get back to Paypal first. The court thing is pretty seamless but you will need to take half a day off work. They will need to spend hundreds to send someone to represent them in court to defend a claim for just £128. I would also be inclined to tally up any costs related to the stones being on the drive (so long as those costs are reasonable).

Best of luck. Please let us know how you get on. It may help others- which is kinda the point of this site.

 

[Mottie]

Under what current UK regulations, if you purchase something online you are only responsible for the return postage if you change your mind

I think you can be made responsible for return postage on unwanted items although many companies don’t charge this as a goodwill gesture. Incorrect or faulty items are a different matter and it’s down to the seller which it surely is in this case. I can’t see how the OP could possibly lose. File a 'not as described' claim with PayPal.

 

[blackbirdxx]

File a 'not as described' claim with PayPal

Some great information guys.....

I bought using Paypal and I raised a 'not as described' claim when Gravelmaster refused to play ball. Paypal has since told me that Gravelmaster is prepared to refund me the full £128 so long as I pay all refund postage. Obviously, this is of new use to me as the refund postage is likely to cost £60-£70. Apparently, Paypal pay a max of £15 towards return postage which is of no use to me.

I guess the way forward for me is the small claims court as OPPS suggests?

Is it worth pursuing Paypal again to see if they will pay the full return cost or am I wasting my time? The Paypal website only allows me now to agree to the refund postage option to instigate the refund. There is no opportunity to ask further questions, plus the case will be closed in a week if I don't take up their proposal. Paypal is adamant that I must instigate the return postage first to enable the refund. My concern is that at the end of the day I will be out of pocket if the max Paypal will pay is £15, a fact well hidden within their T&C's. I can see me wasting a great deal of time and energy with Paypal unless someone here knows better??

 

[blackbirdxx]

Unless someone can give me confidence that Paypal is worth pursuing then I think the small claims court is the way to go...

Someone has suggested sending Gravelmaster a LBA (letter before action) and give them 7 days to respond before going to the small claims court. Never having done anything like this, is this the best way to go??

 

[Harry Bloomfield]

You can reclaim postage with PayPal. https://www.paypal.com/uk/webapps/mpp/refunded-returns

Clearly a SOGA issue or breach of contract under other consumer law. If the company is not near enough for you to pay them a visit with the back of a shovel, then it's the council's trading standards or a county court small claim.

You can no longer go direct to TS, you have to approach then via a complaint to the CAB. CAB will then give you 'advice' on how to proceed, usually a leaflet.

 

[freddiemercurystwin]

Not suggesting you might get anywhere further than you are but have you tried ringing Paypal?