Any legal bods out there?

[melarnz]

Hi

my hubby needed a new tailgate for his car and is unable to buy it new. I paid for a 2nd hand one over the phone to be delivered last Thursday. It didn't turn up Thursday but finally turned up yesterday. The driver was extremely eager to get on, so we quickly checked to make sure it wasn't damaged and accepted delivery. When we opened it up properly, (it was wrapped up in 10 tons of cardboard and wrapping) it was the wrong one.

I have now looked them up on google, and it seems they are known for this.

I paid by debit card, my bank said because I gave authorisation for payment I can't claim it back.

Where do I stand legally, I have no problem taking them to small claims if I need to, but would like to sound like I know what I'm talking about when I call them today and demand a replacement or refund.

 

[avisk]

First thing is to ring them and calmly say that they have sent the wrong item, would they please pick it up and replace it with the correct item.

They are under a legal obligation to provide you with the goods you have paid for. If there is a problem, say you will be calling your local trading standards office for advice.

It is easy to say with hindsight, and not much use to you now, but you should never pay for goods online or on the phone with a debit card. Credit card purchases have some protection, debit card purchases don't.

 

[melarnz]

Thanks. I have def learnt that lesson!!

 

[louisedan]

As well as phoning them make sure you send a aletter oulining exactly what has happened. Tell them you want a replacement etc. Send it by registered /recorded delivery so you have proof they have sent it.Make sure you word the letter so that you don't sound like you are asking sweetly.Warn them you are in the process of reporting the matter to trading standards and that you will take them to court if necessary.You can fill an application for this on line now in case you didn't now.Address the letter to the complaints department so that can't say they have mislaid it as well. Hope it helps-I,ve just won my cash etc back from the insurance company so stand your ground and give as good as you get.