Well Know Motor Factor Refusing To Refund Fault Part

[kenp 3]

I recently ordered a driveshaft from a well know motor factor (no names at this stage as it could get legal). They have an online presence and it seemed simpler to order from there as the nearest branch is about 15 miles away.

 

Driveshaft turned up and the first thing I noticed was the general state of it - it wasn't particularly clean and looked like it was a hurried refurb. Not knowing what their shafts normally looked like I assumed this was the normal state of play for this supplier.

 

I checked the CV joints and was dismayed that they had more play than a spare shaft of mine that had covered 130k+ miles.

 

The shaft also doesn't look like any 1.9 shaft I've ever seen - different grooves in the intermediate section for starters.

 

I contacted the motor factor and after several attempts they agreed to pick up the part at their cost and give a refund.

 

After the part was picked up I heard nothing for several days. Contacting them yesterday I received a snotty email with photos of both the originally supplied shaft and one of their (as it turns out) proper new ones. the email went on to state that I had returned a poorly refurb'ed shaft and they were only willing to refund the surcharge on a new shaft (which they were suggesting I still had).

 

I've since responded stating that the shaft I returned was the one I received from them and demanding the refunded the full amount but so far have not had a response.

 

So where do I stand? I have no way of proving that the returned shaft was the one delivered but likewise they can't prove what they sent...

 

 

 

[DanteICE 72]

Did you pay by credit card?

 

Geoff

[kenp 3]

Did you pay by credit card?

 

Geoff

Indirectly via PayPal...

[DanteICE 72]

Indirectly via PayPal...

 

Paypal provides protection for this sort of stuff, do a little research into it. If you pay by credit card for online purchases then you're covered: info

[Pugleyrich 37 1 Cars]

It will be covered by the distance selling regulations (depending on when you got it) so a well written letter should do the trick.

[kenp 3]

Thanks guys - so far they've not responded to my last email (sent close of play yesterday) - I'll give them till tomorrow morning to respond before I start getting heavy..

 

Not covered under Section 75 as it less than 100 quid but looks like I should be covered under Chargeback (credit card) or PayPal.

Edited July 25, 2013 by kenp

[MiniGibbo 142]

Do you have any photos or proof against them saying you swopped it..?

[kenp 3]

Nope - the only away I could have done that I think, is if I had videoed myself opening the package in the presence of the courier... not something that's ever occured to me to do TBH.. this is a first. I can't believe they're not taking my word for it...

 

Equally, they have no proof of what they sent either...

Edited July 25, 2013 by kenp

[GLPoomobile 958]

Does seem a tricky one in terms of proof. Taking your word for it, it seems like some monkey at the packing end has put a returned shaft back in a box and sent it back out as refurbed by mistake. Neither of you actually have proof that either is in the right or wrong.

Legally I don't know if they are obligated to prove that the mistake was not theirs. But you would hope that any decent and established company (and if this is who I think it is, they are certainly established) would be good enough to hold their hands up to their potential error and make the situation good, for the sake of customer service. Who is actually handling this complaint? Is it a central department or your local branch?

I think in a way it's a sad indictment of society today. They are probably playing hardball as they've been stung like this before by unscrupulous types. You only need to look at how Argos' returns policy get's obused for evidence of that. I've even seen a few members on here over the years suggest to other members that they could abuse the service offered by some motorfactors to part exchange driveshafts, by handing back the wrong type of driveshaft. So it's really little wonder that people buy re-conned shafts and find out they are the wrong type etc.

Edited July 25, 2013 by GLPoomobile

[kenp 3]

Tricky one it certainly is...

 

It's being handled by their central web sales department since I bought it on line and they collected via courier.. really wish I'd taken back to a branch for collection (actually wish I'd bought from a branch to start with as I always check parts before leaving the shop).

 

Not answering my emails now... Now in dispute via PayPal....

Edited July 25, 2013 by kenp

[Batfink 201]

Driveshafts are a big issue. I''ve had to buy three driveshafts to get one that is the correct part. One is a 306 driveshaft, one a 309 one and the third the correct item. I'm lucky to have a trade account so returning items is never really questioned. I thought I was going to have to buy their full warehouse stock of 12 units at one point!

Interestingly they don't sell a 309 driveshaft normally!

[MiniGibbo 142]

When my drive shafts were changed they took three attempts but I put that down to being the wrong gearbox for the car..

[Pugleyrich 37 1 Cars]

I don't see why you can't use the distance selling regulations. Have you had the item less than a week? Will be a better route than the consumer credit act even if it cost more than £100...

[johnnyboy666 195 1 Cars]

I once had to cancel an order of a drive shaft on ebay (from a motor factor) after I sent a note with my payment stating that I needed the drivers side, and they replied saying that the drivers and passengers side are exactly the same!

After several messages back and forth I eventually sent them a photo of the two shafts next to each other so they could see the difference. They then gave me a refund. (which paypal then held for a month for no apparent reason before I got it back)

[Tandoh 17]

PayPal refund the buyer in a heartbeat usually, so you shouldn't have any problems there!

[GLPoomobile 958]

Not answering my emails now... Now in dispute via PayPal....

I presume they have a Facebook page, like most businesses these days. Perhaps you should post on their page asking why they have chosen to ignore communications about the issue. Basically publicly out them as being a shower of a-holes.

[Daviewonder 533 3 Cars]

If it's who I think it is then they are a member of the 106 owners forum, might be worth contacting them on there if you're a member.

[kenp 3]

So far they've ignored PayPal's attempts to contact them - I've now escalated the dispute with PayPal.

 

Unbelievable lack of customer service from a large factor... hopefully PayPal with handle the refund and then go after them.

 

Watch this space....

Edited July 29, 2013 by kenp

[nveeate 78]

I bet someone has done a dodgy/scam return and they havent noticed, just put it back into their stock and sent it out to you. So now it looks like it's you that's sent back a dodgy return. Must be very frustrating - hope you get it sorted!

[Daviewonder 533 3 Cars]

Could've been boxed wrong from the factory. Seen it happen before with old calipers and driveshafts.

[mowflow 67]

Mistakes happen, how they are dealt with is what matters. No matter what business you are in you have to occasionally take one on the chin for the customer satisfaction fairy. Accusing customers with no real proof and then deciding to ignore them is the road to ruin.

 

How much profit would they really be losing out on if they just held their hands up, apologised and sent the correct part? Seems stupid to me.

[nveeate 78]

Mistakes happen, how they are dealt with is what matters. No matter what business you are in you have to occasionally take one on the chin for the customer satisfaction fairy. Accusing customers with no real proof and then deciding to ignore them is the road to ruin.

 

How much profit would they really be losing out on if they just held their hands up, apologised and sent the correct part? Seems stupid to me.

 

100% agree with this.

[Batfink 201]

They would loose nothing as its a manufacturing issue. The stupid thing is they are accusing the customer of trying to supply them with a brand new driveshaft. It would be easy to return one to someone else if it was indeed bought somewhere else

[farmer 328 1 Cars]

I agree with Daviewonder, I got send a TU 309 driveshaft from Peugeot old stock and that was boxed as a XU one.

[kenp 3]

Mistakes happen, how they are dealt with is what matters. No matter what business you are in you have to occasionally take one on the chin for the customer satisfaction fairy. Accusing customers with no real proof and then deciding to ignore them is the road to ruin.

 

How much profit would they really be losing out on if they just held their hands up, apologised and sent the correct part? Seems stupid to me.

 

Exactly this... I wouldn't expect anything less. I'm both shocked and appalled by the way they've handled this so far.

 

Suffice to say I won't let this rest until I get a full refund.