UKC

Hi All,

I'm having trouble with a laptop battery company and I'm not sure exactly where I stand now or what to do.

I ordered a battery but it didn't work, they sent me another one but it was a different model and not what I ordered. So I had two batteries I don't want. I keep telling them the situation and they kept telling me they sent me a 2nd battery which I kept replying I got but is wrong.

Finally I got their address from them to return the batteries and demanded my money back. Both the batteries were wrapped up together securely and sent by recorded delivery. They claim they only got one battery which we have been arguing back and forth with me saying I definitely sent both. Even the postage receipt has the weight of two batteries recorded on it, which I have presented to them (twice!).

Now they claim "Oh there was a hole in the package, maybe it fell out?". Likely f#@!ing story!

I wish now I'd returned the batteries separately. Any advice on where to turn now as I'm not sure where I stand with this and would like to add some weight? Trading standards, CAB or Post Office? Or forget it, lesson learned and slate the company wherever I go?

Thank you.

In reply to richyfenn:

They sound like fun. If you believe you've done everything you should reasonably do then file a small claims having first briefly checked with your CAB office?

Or write a recorded letter to the CEO/MD, explaining the ridiculous situation, with (in due course if necessary) a bill for your wasted time folowed by a small claims?

Good luck. Don't let it go!

In reply to richyfenn:

I had an issue like that years ago with Psion losing a palmtop PC I returned for warranty repair. They did concede that they had lost it in the end, though, and sent me a brand new one.

Neil

In reply to richyfenn:

Agree, with small claims suggestion.

Unlikely that you will actually have to make a claim though. If they think that you are serious (and you know your rights) then they will normally fold.

As the commercial party, they are obliged to defend themselves at your local court, so just sending a representative (even if they are successful) would be more than it was worth.

Give them every opportunity to pay, with a clear statement of the facts, and defined deadlines. Keep copies of everything you send, and use recorded delivery etc.

There are lots of online guides about how to use the small claims process, and no doubt CAB can help. I've used it a couple of times before, and never actually had to go to court.

In reply to richyfenn: As the package was insured through the post office, the seller can claim the cost of the one battery back through them.

In reply to deanr:

it would be the sender who would need to claim. That and recorded may or may not cover the cost (depending what sort of battery it is).
royal mail might also query why they didnt refuse to sign for it if it was badly damaged.

In reply to richyfenn:

Doubt that small claims would be needed but make them aware that you are prepared to go that far. I'm pretty sure that you need to give them a reasonable amount of time to resolve your complaint (28 days) themselves before it can go to court so include this in your mail to them.

You're query should start with RM 1st. Get a report from them about whether it was delivered or not and present that to the retailer if it was. It'll help your case and look more organised.

Dont just brush it all under the carpet though, out of principle alone.

In reply to JH74:


If you do go down this route, don't use words like "ridiculous situation". Keep it polite, formal and to the point. Set out how you would like things to be resolved.

We occasionally get abusive customers and find it very difficult to take them seriously, especially if they won't just take a refund and ferk off.

In reply to All.

Cool, thanks everyone. I have lodged a question with CAB online who can then pass it to Trading Standards if they're happy there's a case etc.

I will keep fighting this, they are a pain to contact and constantly ignore emails.

Thanks!

In reply to richyfenn:
Obviously keep all the emails. I just used to forward/reply from the 1st email so that you/they can see the history.

Also ask them to politely reply within a given timescale to your email, say 48/72hrs, then you can chase up if not.

Have a look on furums/internet. (test pilot is it?). See if theres a complaints history for the company. Might put ur mind at rest or give some info on what others have done.

In reply to richyfenn:
Were you in touch with them (and/or did you return the batteries) within 7 working days of receiving them? Under the distance selling regulations you're entitled to a full refund for both batteries, whatever you paid for delivery and unless their T&Cs say otherwise the cost of the postage to return the batteries as well.

http://www.which.co.uk/consumer-rights/action/how-do-i-cancel-an-online-ord...

It often seems a bit unfair on businesses, but its handy in this case - you're entitled to your refund whether they got the batteries back or not.

If they reckon you didn't send them back, it's then up to them to chase you for the money they think you owe them. Through small claims probably, though they're unlikely to bother and obviously they've got no chance if they're just taking the piss.

How did you pay?
If you paid by Paypal, it would probably be fairly straightforward to get them to refund what you paid.

If you paid by card, it might be worth looking at getting the card provider to do a 'chargeback': http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback/

Otherwise, maybe small claims court is the way to go.

Err.. I think. (IANAL)
hth.