Credit card protection - Awful Company

SkidMarkKing

SkidMarkKing

SkidMarkKing

Associate
Joined
25 Jul 2009
Posts
1,597
Location
England
Hi guys,

i'm having a nightmare with a particular car part dealer.

I ordered a car part 2 months ago with an estimated delivery of time 1-2 weeks (Part had to come from Europe). The item kept getting delayed and turned up 2 months later. I thought I had been scammed because it was delay after delay, some emails taking 3-4 days to be replied to as well. I was told it was sat in a port one week then checked again 2 weeks later and it was still "sat in the port". After this I had checked their latest reviews online and they are receiving so many negative reviews regarding customer service and delivery times.

A few days before it actually arrived I contacted my credit card company (they are investigating it now) for a refund.

Apparently selling items within the UK there is a 14-day (cooling off is it?) period in which you can return the item, even if the merchant has hidden in the T&C items are non-refundable?

The company have now threatend me with legal action if the credit card company sides with me and I don't pay the merchant (I have said I will happily return the item). I had paid a garage a deposit to fit a particular part which needed this bumper I had ordered and in the end found a part within the UK which turned up next day. I had to keep delaying fitting with the garage so I started to feel like a pain as well.

I have told them to take legal action if they please (over a £200 part, which I have offered to return).

Seems such a strange business, from the reviews they even say they have parts in stock but they take months to turn up. Most emails I receive are signatured with a different name (attemping to look larger than they are?). Upon checking there address it's looks like a small unit on a farm.


Not 100% sure where I stand with the return situation? Extremely frustrating when they threaten legal action and they are offering an awful service.
 
Jim99 said:
It can get fairly messy importing items, since the seller isn't going to be all too interested in UK consumer law.

Ultimately, if your credit card company sides with you and refunds, the company can still try to hold you liable for the cost AFAIK. However, the likelihood of them chasing a £200 debt in a foreign country is extremely low.

On the flipside, they may well be assuming that you're just trying it on and will keep both the refund and the part.
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The company is a UK company who order parts in from Europe if required so the UK consumer law should apply to them?

First phone call I had they said they will send over a returns label once the credit card company have done there investigation.

48 hours later I've got another email saying they aren't going to accept the return and will await the decision of the credit card company. If I get the refund they will then chase legal action for the money owed. Absolute scumbags. Service seems terrible across there recent reviews.
 
GreatAuk said:
Ideally you would have refused delivery, but as it's already been delivered then as long as you told them within 14 days that you wanted to return the item then you're completely within your rights. Do they have a returns process you can use or are they refusing to let you know where to send it?
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The FedEx driver put it over the gate so I wasn't here:(

I told them a few days before it actually arrived to cancel it (due to the delays) then again within a few hours of it being delivered.

They actually say no returns in there T&C apparently as the part came from abroad (someone did say they can't apply that as UK consumer law overwrites it).
 
They are now saying

"
I have consulted our legal team on this, this doesn't apply to Custom-Made or Personalized Items: Goods made to the consumer’s specifications or clearly personalized are not subject to the usual 14-day cooling-off period.

Unfortunately, we cant accept a return for this order and we still have to bank's decision on this matter. Typically, this takes about 75 days to resolve.

I hope this clarifies."

I don't know if there are exceptions?
 
dowie said:
Why didn't you just return it or refuse delivery?

If you're already pursuing a refund for it not arriving then it arrives you ought to either tell your credit card company to cease taking action or return the part, you can't reasonably keep it for free.
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I wasn't in at the time and Fedex put it over the gate into my garden. I had actually emailed them before it turned up asking to cancel and they said that's against there T&C. They were not happy when I said listen, please cancel it i've already contacted the credit card company after many delays on the order.

At no point have I said I was going to keep the part. I will happily return it. For now i've left it in the original box completely unopened.

The company have emailed again mentioning they will wait to hear on the decision of the credit card company which can take 72 days. If the credit card company side with me they will take legal action.

@BDEE Apparently because the part was ordered in from Germany it's a "special order" according to them and doesn't qualify for the return.
 
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BDEE said:
Special order is totally different to the legislation they are quoting to you around personalised items. They are totally wrong to quote this as it doesn't matter where they source their items from. If it is a standard part, it is not personalised.

Have you got anywhere with a refund / return?
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Still waiting on the credit card company.

Since I filed the chargeback the part has turned up but I've said ile happily return it.
 
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