Entitled to a refund?

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M0T

M0T

M0T

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I ordered a bed from a small company on ebay through BIN at the begining of Jan. Since it was BIN and a company this protects me under the sale of goods act (according to ebay).

The bed turned up at the end of Jan but was damaged in transit. The seller offered to refund me or for me to send the whole thing back to be repaired. After many emails we decided that he would make and send me the damaged pieces to save on shipping.

His last contact was 2 weeks ago when he said 'I should have these bits done in 2 weeks'.

Up until that time I had been storing the bed in the Garage unassembled, but because my mums got a new bathroom being fitted I was forced to move it all out. So I decided to assemble the bed to get it out of the way, thinking I could replace the damaged peices when they arrived.

I have built the bed only to find it is the wrong size, its a king size instead of a double.

Am I within my rights to ask for a refund, I am absolutely sick of this whole saga, I have been waiting 2 months with no bed, and even if he were to ship the damaged peices out tomorrow they wouldn't be the right size anyway!
 
Well I hope the guy plays ball, the only problem I can see is that his company isn't listed on the companies house website. So he may get out of it if he turns out to be an individual.
 
even if he is, if you can show he is acting as a trader ( multiple sales ) then the same rules apply to him as any other company
 
Rotty said:
even if he is, if you can show he is acting as a trader ( multiple sales ) then the same rules apply to him as any other company
Click to expand...

Excellent, didn't know that.

Should be easy in that case as he has a really professional website where he refers to himself as a company. Plus lots of previous Ebay auctions.
 
Well I have emailed the seller, who according to Outlook read the email early this morning, but as of yet I have had no reply.

I have a suspicion that this is not going to be easy.
 
fini said:
Why not stick with the bigger bed? Free upgrade!
Click to expand...

Because my brand new mattress is only a double and I can't afford another one right now.

The larger bed is also wider than the bed I ordered in terms of the frame, i.e. although the mattress space is 6" wider the bed itself is nearly a 1' wider. This means it comes out too far and doesn't leave a lot of space between the bed and the desk, so I am having to be quite careful when I get out of my chair not to smack it.
 
I had a similar bad experience with buying a bed on eBay. Turns out the seller didn't have stock (he was selling LOTS of goods he didnt actually have stock of) and when it finally turned up it was missing the side rails.

A week later the side rails turned up, but upon building the bed we discovered there were two slats missing, sigh.

When I called them up, the guy told me 'But this is how we get them..dunno mate', but passed me through to the boss who explained they come from China and he'll sort us out two new slats.

18 months later and nothing, really really shoddy. I wonder if it's the same people?
 
Well I have sent the seller 2 further emails, and have received read receipts for both of them, but as yet no reply.

I also emailed consumer direct, who have told me what to do and what to put in my letter to him. I am just waiting to here back from them with regards to something and then I will sens a first class recorded letter stating the facts.

According to consumer direct I am entitled to a refund based upon:
Damage to the bed on delivery
Item significantly not as described
Possibility that 2 months would also qualify as repair not carried out in an acceptable time.

What irritates me more than anything is that this guy is not responding to my messages, he is obviously expecting me to just give up.
 
As I am currently on holiday I am only able to communicate via email with the seller, who has not responded yet.

I have just sent a strongly worded email, which states that I have contacted trading standards who have advised me to pursue a refund and then I just used their wording for reasoning.

I also stated if I did not receive a response I would pursue the matter further (which would just be something similar to the email sent in letter form).

Does anyone have any sample letters I can use to make my proper one up, as I want to make it as 'watertight' as possible and do it all 'by the book' as it were?
 
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