Kev82 Posted March 3, 2013 Report Share Posted March 3, 2013 Bubble Wrap and packing materials cost money, so I imagine he's gone for the cheapest delivery solution. However 'no refunds' would typically cover all eventualities, but does not carry any weight to over ride DSR. Take the hit, send back the items, get your money back and choose a better seller . Link to comment Share on other sites More sharing options...
freddie0 Posted March 4, 2013 Author Report Share Posted March 4, 2013 Thought I'd give it one more shot. Spoke to Trading Standards today and the courier issue is irrelevant. Under the Sale of Goods Act the goods re faulty and he is totally liable for a full refund and the cost of returning the goods. Plus he should issue the refund immediately (within 30 days) even before the goods are returned (Distance Selling Regulations). Have sent this back through Ebay along with copies of the actual messages he sent, not the false info that he put into his Ebay submission. Lets see what comes back now. Link to comment Share on other sites More sharing options...
ams Posted March 4, 2013 Report Share Posted March 4, 2013 All the wheels ive bought have just come in a carboard box with no extra protection and all been ok. I have posted steel wheels like this too and out of about 60 - one got damaged in transit Link to comment Share on other sites More sharing options...
keef-b Posted March 4, 2013 Report Share Posted March 4, 2013 for the courier to put flat spots on the rim they'd have had to given each of the rims one hell of a drop - would've destroyed the cardboard box they came in for sure. i'm guessing the cardboard boxes are still box shaped end of the day you are due a full refund and should not be left out of pocket in any way ( re return costs) as the goods sold were unfit for purpose under the sales of goods act - oh and as for checking them by eye as the point of delivery, most flat spots are only really apparent once the wheel is put on a balancing machine which i'm pretty sure you don't have one of those located in your hallway for just this kind of happenstance. Take the scamming seller to task - stick to your guns and you'll not be out of pocket. Link to comment Share on other sites More sharing options...
freddie0 Posted March 4, 2013 Author Report Share Posted March 4, 2013 Sent reply through Ebay this morning but had no response yet. Boxes appeared OK externally on delivery, and as wheel repair specialist said - he finds it very unusual for such damage to two wheels and just the outer rim, nothing on the inner rim at all?! On another/similar note, we have a section to recommend garages and services but what about a name and shame, a 'bad experience' section? Link to comment Share on other sites More sharing options...
freddie0 Posted March 4, 2013 Author Report Share Posted March 4, 2013 Ahhh, a response. he now claims that the Sale of Goods Act doesn't apply to him as he is only a private individual, not a business. I suppose a dozen set of alloys this year (with ads stating 'only 4 sets left) doesn't make you a business, nor the fact that your address is the same as the Kent wheel supplier that sells the new wheels that you get your 'ex-demo's' from?? Says he will arrange the collection - then deduct the cost off my refund! Link to comment Share on other sites More sharing options...
trophytr5 Posted March 5, 2013 Report Share Posted March 5, 2013 How much was the delivery charge originally? This should be the amount he will not refund to you. If it is significant, i.e you don't want to write it off to experience, after you recieve the refund, send him a letter (recorded delivery) demanding the missing money. If he refuses or, after a reasonable period, doesn't respond, go to the Money Claim On-Line (part of HM Courts Service) (https://www.moneyclaim.gov.uk/web/mcol/welcome and https://www.gov.uk/make-court-claim-for-money/overview) and issue a small claim against him for the missing amount and the MCOL fee. I have used this service a few times and had no problems. Even had to get the bailiffs out to one guy, but always got my money back Good luck Dave Link to comment Share on other sites More sharing options...
freddie0 Posted March 5, 2013 Author Report Share Posted March 5, 2013 I've used this before myself as well, thanks. I've responded to him again, after discussing with Trading Standards this morning. Advised that we(they) are confident that he is acting as a business seller given the number of alloy wheel transactions carried out since Christmas alone, and the content of the adverts (4 sets left etc.) Asked him to supply the delivery details so that I can apply the labels and then he can arrange collection after this evening. Goods will be photographed and packaged correctly so that no further issues arise. Advised him that if any money is taken from the refund then I will seek to recover the cost, plus any additional costs this may incur in doing so. Oddly enough it appears he also managed to sell the same wheels to someone else on the same day as well with the same advert, so he had 2 sets that had 'just done 300 miles on his demo car". Link to comment Share on other sites More sharing options...
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