classic Subaru Si

53 WRX, you utter fool - If H&S thought this guy was in the wrong why did they offer him £500 to settle the matter? I would have taken them to court too! They didn't play by the rules, and the OP is out of pocket by a grand due to a very poor item! H&S should offer him the full refund, not the £500 they originally offered!

ghg

they accepted liability by offering the £500 in my opinion

classic Subaru Si

Correct!

Pink_Floyd

That seems sensible to me.

OP this was your chance to decline, why did you not?

There's truth in that, easier to arrange a delivery than a collection especially in another country, although not impossible,

That's fair as whilst the distance regs state the vendor must refund this is on the assumption they will get the item back. H&S never did.

Eight months is a silly amount of time to resolve this surely?

Thanks for the other side of the story.

OP, you still want to avoid the issue of sending the item without insurance. Regardless of who or what was at fault you shot yourself in the foot by agreeing to send the item back, and not ensuring this was done properly. What don't you understand about that?

Pink_Floyd

Why? The item might have been of the wrong spec etc but all the rules and regs and law is based on the item getting back to the vendor. This never did. I could easily order a new TV and when it arrives state that they have sent the wrong size.

The vendor could then ask me to return which might be 'wrong' to the letter of the distance selling regs, but if I accept then the task falls to me. If I then fail to pack it properly, insure it etc and it gets damaged or goes missing how can you blame the vendor?

The bottom line is whilst H&S were responsible to collect, the OP agreed to send and then made a mess of it. How can H&S be responsible for that?

Pink_Floyd

That depends on how the refund was offered.

classic Subaru Si

If the item wasn't a Friday job he wouldn't have had to send it back in the first place though would he! He's got picture proof that it was wrong, and they offerd him only half, why?? surly if they are willing to accept blame then why not just give him all his money back?

classic Subaru Si

They asked HIM to send it back, because they couldn't be ar*ed to sort it out at there end!

Pink_Floyd

Have they actually accepted blame though? I mean total blame as in stating the to OP it was wrong etc etc?

That aside, you are correct he would not have had to send it back had it been correct. However under the regulations a refund is only granted based on the assumption the vendor will get the item back.

Perhaps that's why they only offered half. I'd suggest to all those who think the OP is entitled to a full refund to ask yourselves this;

If you were a business owner and a customer contacted you with a complaint and they requested a refund but you never received the item, would you refund?

Pink_Floyd

Regardless of why the OP sent it back, whether he offered, they asked, or they could not be ars*d as you say, the OP agreed and the responsibility fell to him to ensure it arrived there, in one piece.

He had the option to refuse and then he would have been covered by distance regs, however HE chose to send it, HE chose not to insure it. Why is this a difficult concept to grasp?

The bottom line is whilst I feel sorry for the OP, he should not have done anything that deprived him of his statutory rights as per distance regs.

classic Subaru Si

Do you work at H&S or something? If the customer sent me photo evidence that the product was cr@p, then he would get a refund, weather it turned up or not - its clear from the pics that it is totally wrong, he even had a main dealer fitting it. Are you telling me they offered him £500 just because he caught them on a good day? No, they are guilty of supplying him with tosh, and thought they could get away with half the costs - out of order, and they should just pay the guy in full!

BrownPantsRacing

iTrader: (6)

So if H&S had arranged the collection and the item still never turned up back at their works would they still be offering him 50%?????

Unfortunately the underline problem is the item has been lost and under-insured. Had that been correctly sent this may no longer be an issue. Is very harsh for the buyer.

Great fun to read this as the discussions go on through the day though!!! Haha.

classic Subaru Si

Lets face it, does it really matter if it went missing? They had already agreed to give him half his dosh back - why??

white.akita

goods were not fit for purpose and he should get a full refund.
the company should of had the decency to of arranged to have the item collected.
it hardly matters if they didnt get the manifold back because it is worthless scrap anyway that wouldnt fit any car !
bend over backwards ! sound to me like you are trying to bend someone over forwards.

muzzler

this is getting boring now....if he is that upset and feels diddled then go through the legal route.....nuff said. All this is doing is getting peole who share a joint love of Scoobies would up!!

Pink_Floyd

No I don't work for H&S but I've been on the wrong end of situations like this before.

The only person who can say whether the £500 goodwill gesture was an admission of guilt is the owner of H&S.

Distance selling regs are there to protect everyone and in this case neither party followed them, perhapy splitting the costs would be fair? The thing is, who is to say the OP ever sent the item back, playing devils advocate. I can easily pack a box and have it collected, nothing to prove what's in it. I'm sure that's not the case but that's why the vendor has a right to receive the goods back. You can't just reject things and then expect the vendor not to see the goods again.

It just irritates me that through all this the vendor is seen as the bad guy, yet the OP agrees to send the item back and makes a hash of it, yet nobody seems bothered about that, no instead let us all sharpen our pitchforks.

BrownPantsRacing

iTrader: (6)

lol

Pink_Floyd

No because the contract for return would be with H&S and the courier and it would have been fully insured, they could therefore claim costs. In this case they could not.

Pink_Floyd

Exactly he had 8 months to do so and didn't bother fully exploiting this right.

I'm saying no more

gallois

so the guy gave them £1000 for an item that proved to be not as advertised, H&S asked for proof it was incorrect, he supplied the proof, THEY asked for the item back before they would issue a refund, he did just that but it was stolen, the OP has proof it was returned, H&S offer £500 as a goodwill gesture (which actually means liability is not admitted btw), this is rejected as the OP wants a replacement or his money back..........H&S have withdrawn their offer of £500 (for what reason? punishment?) anyways, reputations are damaged or repaired with equal ease.

white.akita

then dont read it.

muzzler

Didn't say it was winding me up!! but obviously is windoing other posters up.

white.akita

because h&s have now realised that he probably is not going to bother with legal action now so they just think sod it we dont need to give him anything.

white.akita

who said anything about winding you up ?
you said it was boring ! so why keep reading it ???

Jamo

iTrader: (23)

I dont know about anyone else, but this would seriously put me off buying from H&S.

53

iTrader: (41)

Whatever lol

Straight in with an insult well done

Objectivity FTW

peter a

iTrader: (2)

Whatever the case was, threads like this as a result of whatever dispute was not settled do cost the company to lose revenue,

I was going to have a Haywood and scott exhaust turbo back 3inch system fitted after xmas but now i have booked in for a Millitek system.

How many others would most likely use a competitor who has not had the bad feedback if the items are a similar price?

53

iTrader: (41)

^ Lol, unless you were going to post it back to them, I think you'd be fine M'tek is nice though

TonyBurns

iTrader: (3)

Well lets see, yes they asked him to send it and they would refund all the postage, fair I think (it does state in the rules this can be done if both parties consent to it), so your really not doing yourself any favours here

Tony

TonyBurns

iTrader: (3)

No they did the legal bit....
and the OP lost, then he asked for the 500 quid, but as he lost then they dont have to give him that.

TBH, the 500 quid without the returned item was a fair compensation (which it was, not an admission or anything, it was good will) to the OP, he refused that so the OP is out of pocket and H&S cannot check the item as its lost in transit

Tony