Been Sent Wrong Part By 24/7 Spares/need A Part Ltd

[hodaz]

Basically I wanted to get a set of the 18" Sport Pack alloys and I tried a request via that parts sourcing website 24/7 Spares. Filled in a request form, and provided a picture of the wheels I wanted. Basically I got a quote through saying this;

"Vehicle Details:LEXUS IS 1999 ... Quote Details: Part 1: WHEELS ( ALLOY X SET 4 ) - SET OF 4 18\" 6 SPOKE IS200 \"SPORT\" alloys (AS PICTURE) - £300.00 - 30 Day Guarantee - Next Day DeliveryCondition: UsedAdditional Notes: Please can you call direct on ________ ask for ____ thank you"

So I rang up and ordered them from the company "Need a Part" who had provided the quote via the 24/7 Spares site, they arrived yesterday, and unfortunately my neighbour signed for them off the delivery company.

When I got home from work to collect them from neighbours house I looked and they were 17" 5 spoke normal alloys. I telephoned the parts company and they said I never asked for 18" 6 spoke alloys and are refusing to return them, despite my quote from 24/7 Spares clearly stating this. Saying that all it says on his system is "IS200 alloys x 4"

When I ordered them I asked him to confirm that they were the wheels I asked for, and he said they were.

What are my rights as a consumer here if they have sent me the incorrect parts? I can return them under the guarantee but I will loose the money I paid to have them delivered, and have to pay to return them myself. Plus there will almost certainly be a hidden restocking charge :tsktsk:

I'm absolutely furious to be honest about the whole thing, but I dont know what else I can do about it? I tried calling 24/7 Spares direct and there phone just rings off, I have sent them an email, but i dont hold out much hope of contacting them.

[Steviewevie]

If they've sent you the wrong part, then you have the right to a refund or an exchange for the correct part. You should not have to pay to send the wrong item back, make the company arrange their own collection.

Contact Trading Standards if you can't get hold of the company.

[Saraj]

agreed, firstly try your best to get in contact with 24/7 keeping any evidence of attempted contact, and then just threaten them with trading standards.

[hodaz]

The problem is all it says on their invoice (not the 24/7 parts request) is "IS200 alloys x 4" and technically I have recieved that. So basically they have royally stitched me up

[redz_UK]

distance selling regs..

as far as im aware, anything that is purchased without face to face contact therefore enabaling you to view the item, falls under this catergory unless it is an auction style purchase.. ie eBay (unless using buy it now when it does apply)

this gives you 7 days, sometimes refered to as a 'cooling off' period as long as the items are as purchased.

how did you pay?

you may have some options to charge back as the goods are not as described.

you will need some form of evidence that you were quoted the price on a diff item.

[aztecbandit1]

Think you need to get in touch with 24/7 matey being as its them that have given you the wrong information on the product? Have you still got all the info from 24/7 and where you brought them from? I hate rip off merchants :tsktsk:

[hodaz]

I paid on the Credit Card - and its a Capital One card with online fraud guarantee, so I might contact them and see if there is anything they can do?

I'm guessing it has something do with 24/7 Spares system of contacting the breakers yards.

But basically I have a quote saying

"Vehicle Details:LEXUS IS 1999 ... Quote Details: Part 1: WHEELS ( ALLOY X SET 4 ) - SET OF 4 18\" 6 SPOKE IS200 \"SPORT\" alloys (AS PICTURE) - £300.00 - 30 Day Guarantee - Next Day DeliveryCondition: UsedAdditional Notes: Please can you call direct on ________ ask for ____ thank you"

And a quote number

There invoice just says "IS200 alloys x 4"

[dave1]

Save and also print off the quote. Send a copy of quote to the suppliers and also contact 24/7 who probably will take up your case with the suppliers.

[redz_UK]

copy your quote,

send a letter to the company you ordered from recorded delivery within 7 days of delivery

ask for a full refund and collection of the goods under distance selling regs.. you may have to take the hit on collection costs..

problem that you have is that it was done over the phone so they will say that is what you called and asked for. th e website wont get involved as they just act as an intermidiary..

all else fails contact capital one..

[Steviewevie]

It doesn't matter what it says on the invoice, the invoice could be wrong. If you'd asked for 1 wheel and they'd sent you 100 wheels and put 100 on the invoice, that wouldn't make it right.

What matters is what you asked for in the first place. If you have a quote from them for 18" wheels then that is very strong evidence for what you asked for.

Don't get into sending them back yourself, tell the company to arrange to collect them. As Saraj said, keep evidence of all your contacts or attempted contacts - e.g. leave them a phone message if you can about this (and keep a log), try faxing them, emailing them, write a letter (and send it recorded delivery so you have evidence they received it).

Trading Standards will totally back you up.

[Steviewevie]

ask for a full refund and collection of the goods under distance selling regs.. you may have to take the hit on collection costs..

I would suggest *not* doing that since the wrong items have been delivered, it might start looking like he just changed his mind and as you say the company could then ask for the collection charge to be paid for.

Make it clear that the wrong items have been delivered, it's not what you asked for, and that the wheels are available for collection when the seller wants to arrange that (at their cost).

[TheDon]

well i can say that i have a fair amount of experience with this on as the company i run is a ELV (End of life vehicle recycling facility) and we pay to be on the 24/7 spares type of systems.. although we did leave the 24/7 spares side of things due to it being a waste of time and only use 1st choice spares.

What appears on the end of the parts person is an email stating exactly what you have written.. its that simple.. nothing else is included.. so if you asked for the specific wheel the parts guy would have read the whole lot.. if he understood what he was reading.. well it was obvious he didnt.

As for where you stand.. the distance selling regs are something that we pride ourselves on living to.. basicaly you have the option to return the part for up to 3 months after purchace as long as the items are unused and in the same condition as sale.. they also have to give you an imidiate refund even prior to the item being sent back / collected.

24/7 is just a website.. they accept no responability for the items or the people they do business with.. it normaly costs about £500 a month to be a part of it.. and its basicaly a scramble once the email comes in to get it quoted and back in order to get the job...

luckly for us this only accounts for less than 2% of our total business where as there are companies that rely on it about 80%..

Personaly i would call the guys where the part was purchaced from and say that you have been going through the distance selling regs and to not give you any bull****e and to immidiately apply a refund to your card and arrange collection of the wheels.. as im at home at the moment i cant remember if its the requirement of them to pay for collection of the item but you can get the items palleted for under £20..

if they dont play game tell your c/c company that you have had money fraudulenty taken for goods not supplied.. the more bad things they have scored against them they more likely they will have their ability to own a CC machine taken from them

[Steviewevie]

Personaly i would call the guys where the part was purchaced from and say that you have been going through the distance selling regs and to not give you any bull****e and to immidiately apply a refund to your card and arrange collection of the wheels.. as im at home at the moment i cant remember if its the requirement of them to pay for collection of the item but you can get the items palleted for under £20..

That's the thing, please don't bring the Distance Selling Regs into it, it's the wrong items that have been delivered. The Distance Selling Regs aren't so relevant here, that's some extra regs over and above the Sale of Goods Act. The basic Sale of Goods Act is sufficient in this case - the seller has to arrange to send the buyer what he actually asked for. If the seller wants the wrong goods back, then that's secondary, they'll have to arrange for that.

[84Stoney]

distance selling regs..

as far as im aware, anything that is purchased without face to face contact therefore enabaling you to view the item, falls under this catergory unless it is an auction style purchase.. ie Ebay (unless using buy it now when it does apply)

this gives you 7 days, sometimes refered to as a 'cooling off' period as long as the items are as purchased.

how did you pay?

you may have some options to charge back as the goods are not as described.

you will need some form of evidence that you were quoted the price on a diff item.

This is correct.

I sell expensive furniture, and have read up on distance selling regs (thou not recently!)

You have been incorectly supplied, the goods you received are not what you were quoted for, you have every legal right to a full refund and should not have to pay for the return. Though if it states in their terms of sale that you are liable to pay for ALL returns then you may have to, but it shouldn't.

This is obviously a mis-communication between one company, acting as a middle man (probably for a commision), and another.

I would say you are entitled to your money back or exchange for the correct product as quoted, the quote forms part of the contract of sale, if what you receive is notably a different product (even if its only by an inch!) then that contract voided. That's without even making use of the right to cancel/cooling off period to which you are also entitled to under the distance selling regulations.

I would get onto both companies ASAP and your credit card company also.

If it was me, I would tell them i had already spent £500 on 18" tyres as well, just for good measure!

If you have a read up here Office of fair trading website. You will be in a better position to quote the law back at them, companies don't like that!

Cancellation periods

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

If a consumer cancels an order, written notice must be given to you by:

* goods – seven working days from the day after that on which the goods are received by the consumer;

* services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.

If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

If payment for the goods or services is under a related credit agreement, the consumer's cancellation notice also has the effect of cancelling the credit agreement.

[84Stoney]

That's the thing, please don't bring the Distance Selling Regs into it, it's the wrong items that have been delivered. The Distance Selling Regs aren't so relevant here, that's some extra regs over and above the Sale of Goods Act. The basic Sale of Goods Act is sufficient in this case - the seller has to arrange to send the buyer what he actually asked for. If the seller wants the wrong goods back, then that's secondary, they'll have to arrange for that.

Couple of posts in the time it took me to write mine!

Stevie is right, Sale of Goods Act covers your problem. Distance selling regs shouldn't need to come into it, but get yourself clued up so know exactly where you stand and they will be in no position to bullsiht you.

[Steviewevie]

You have been incorectly supplied, the goods you received are not what you were quoted for, you have every legal right to a full refund and should not have to pay for the return. Though if it states in their terms of sale that you are liable to pay for ALL returns then you may have to, but it shouldn't.

That's true if you changed your mind, or say you ordered some clothes and they didn't fit so you wanted to send them back for a different size - some companies will pay for the shipping to send the item back, but some won't and you have to pay.

BUT if the company has made the mistake (as here with the wrong wheels), then it is *they* who have to pay to recover the wrong items, it doesn't matter if it says that you have to pay for "all" returns, that only applies to cases like the above and not if they've cocked up.

As I said, don't get fooled into paying for the return and then claiming your money back, they should be able to arrange for a courier to pick up the items, without you having to pay anything.

[hodaz]

Many thanks for all the reply's guys, it is very much appreciated. I was really stressing about this but your support has been a great help!

I am going to contact the credit card company to hopefully stop the payment, then send Need a Part a strongly worded letter copied in to 24/7 spares with a copy of the quotation enclosed. If all else fails (I know this from myself at work as I work for a small engineering consultancy) I will threaten them with legal action as that normally makes them a little more proactive!

[Steviewevie]

I am going to contact the credit card company to hopefully stop the payment, then send Need a Part a strongly worded letter copied in to 24/7 spares with a copy of the quotation enclosed. If all else fails (I know this from myself at work as I work for a small engineering consultancy) I will threaten them with legal action as that normally makes them a little more proactive!

Not sure the credit card company will be able to help you in this case, but give them a try.

When you write, make sure you stay polite, if you get agressive or abusive it will undermine your position, and right now you have the cards stacked in your favour.

[hodaz]

Right chaps, I have spoken to 247 Spares and they were actaully pretty helpful.

Unfortunately because I instructed the delivery company to leave the wheels with my neighbour and he signed for them I am liable for the return cost. But I am recieving a full refund on all money paid to Need A Part.

Does this seem fair??

Lesson learned the hard way, only ever sign for things persoanlly because people are always trying to rip you off :tsktsk:

[aaronabbott]

id take that mate thats more than reasonable imo

[aztecbandit1]

Sounds good mate, at least your getting most of it back? are they going to refund after the return of the wheels?

[hodaz]

yeah after the return of the wheels.

I hope there is no funny business about condition or them not signing for the wheels on return etc because this company seems like a pack of cowboys tbh

So i'll loose the £35 or whatever it'll cost to return them.

[84Stoney]

Right chaps, I have spoken to 247 Spares and they were actaully pretty helpful.

Unfortunately because I instructed the delivery company to leave the wheels with my neighbour and he signed for them I am liable for the return cost. But I am recieving a full refund on all money paid to Need A Part.

Does this seem fair??

Lesson learned the hard way, only ever sign for things persoanlly because people are always trying to rip you off :tsktsk:

I though this may be the case. I would say that is it fair, as "your representative" signed to say all was fine with the delivery.

[Steviewevie]

Right chaps, I have spoken to 247 Spares and they were actaully pretty helpful.

Unfortunately because I instructed the delivery company to leave the wheels with my neighbour and he signed for them I am liable for the return cost. But I am recieving a full refund on all money paid to Need A Part.

Does this seem fair??

No, that's rubbish, they're just trying to wriggle out of their responsibilities.

It's their fault that they sent the wrong stuff so it's up to them to sort it out at no cost to you.

All your neighbour was signing for was that he received some boxes in good condition, he wasn't signing for the contents being what you ordered. It would be different if there was a dispute whether the wheels were damaged during delivery, and your neighbour had signed to say they were ok.

[hodaz]

Unfortunately its in the small print in their terms and conditions that I agreed to when I subtmitted the quote, ie by signing for the goods (or appointing a representative to sign for the goods on my behalf) I am accepting them.

I will have a look to see if their is any regulations relating to this.