john_3.0s Posted March 26, 2008 Report Posted March 26, 2008 OK I want to be very careful what I say here but I hope this is acceptable to the site rules…. A couple of weeks ago I bought, from a reputable and well known dealer, a pair of “MK1 escort rear 9” drums” - great I thought. I duly paid up and they arrived in a couple of days well wrapped as expected, however on closer inspection they are different. One has what I would expect to see on a mex drum, the other is different with an adjuster on the cylinder and the back plate drilled differently. To be fair though, on closer inspection of the photos on ebay this could be seen but it certainly wasn’t obvious and wasn’t mentioned in the text at all, but searching on here and through my old manuals the second drum looks more like Mk1 capri, none of my mex or even TC manuals show this type of brake. I questioned the seller and received a response saying he couldn’t remember if they came off a mex or not – well OK, but I don’t really care if they came off a boat trailer so long as they were what I believed I was buying. I then emailed him again (3 times) to ask if I could return the items but with no response. What do I do guys? Am I being unreasonable here? I don’t want to link to the ad as it will reveal the seller and possible jeopardise the sites legal standing (as has been discussed many times before!) – BUT what do I do? I would have thought that when buying a pair its reasonable to assume that they would be the same and from the same car or is that just me being naive?! Any advise welcome!!!
V8ian Posted March 26, 2008 Report Posted March 26, 2008 You are within your legal right to ask for a refund, + reasonable expences IF they are not as described or not fit for the function described, even if it is a private seller, if the item sold does not EXACTLY match what is advertised they are breaking the law, I would think they were advertised as a pair, which clearly they are not, Steam in, A good stiff letter stating under the trade description act, that the goods sold must be as described and fit for the job, clearly they are not, and as you have asked for legal advice, you are asking for a full refund, +postage and packaging too and from their address. Dont worry, It sounds as if you are in the right,
Admin Vista Posted March 26, 2008 Admin Report Posted March 26, 2008 If advertised in the listing as Mk1 MEX rear drums then they should be exactly that (regardless of the picture). Did you pay by paypal? If so open a dispute and I expect they willl find in your favour. If you paid by cheque / PO and he won't pay up your next port of call is the small claims court. If you paid by debit or credit card, contact your card provider and discuss it with them. You'll be surprised what they can do for you.
richie_stix Posted March 26, 2008 Report Posted March 26, 2008 agreed, if they fooked you then you can fook them! it is clearly false advertisement, and having some obscure pics that you would only notice if you knew the problem is not being honest! do him... but in a polite but stern letter perhaps, snail mail gets better results than email! good luck
MK2Ed Posted March 26, 2008 Report Posted March 26, 2008 If you paid by debit or credit card, contact your card provider and discuss it with them. You'll be surprised what they can do for you.
Jimbob-Squarepants © Posted March 26, 2008 Report Posted March 26, 2008 Don't forget to print and save the page & pictures
Mrs O/H/C Posted March 26, 2008 Report Posted March 26, 2008 AS SAID ABOVE YOU ARE ENTITLED TO A REFUND.. IF YOU PAID VIA PAYPAL..THE FIRST PORT OF CALL IS A DISPUTE ..THEN IF NO FURTHER JOY..YOU THEN UPGRADE THAT INTO A CLAIM ( THEY NORMALLY SIDE WITH THE BUYER IF ITS A MIS-DESCRIPTION OF GOODS )
richie_stix Posted March 27, 2008 Report Posted March 27, 2008 AS SAID ABOVE YOU ARE ENTITLED TO A REFUND.. IF YOU PAID VIA PAYPAL..THE FIRST PORT OF CALL IS A DISPUTE ..THEN IF NO FURTHER JOY..YOU THEN UPGRADE THAT INTO A CLAIM ( THEY NORMALLY SIDE WITH THE BUYER IF ITS A MIS-DESCRIPTION OF GOODS ) what they said! pay pal is normally quite good at sorting stuff out, done it for me before!
R1.Andy Posted March 27, 2008 Report Posted March 27, 2008 ya refund id say.at the end of the day you aint recieved wot you paid for and his listing was inacurate and misleading.. why cant you shame him so we dont get bitten by his false listings..
john_3.0s Posted March 27, 2008 Author Report Posted March 27, 2008 cheers guys. after 3 polite emails with no response i have registered a dispute with ebay / paypal so ill keep my fingers crossed
Mrs O/H/C Posted March 27, 2008 Report Posted March 27, 2008 GOOD LUCK AND DONT FORGET IF ALL ELSE FAILS YOU CAN THEN UPGRADE THAT INTO A CLAIM
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now