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Author Topic: The angry thread  (Read 273816 times)

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Offline scottmitchell74

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Re: The angry thread
« Reply #5175 on: March 20, 2017, 09:10:28 pm »
Well, now as a "courtesy" they're offering a refund...but I have to ship it back and that costs $22.50!!

I'm so frustrated right now. British N-Gauge (something I've dreamed about for years now) may just be too risky. Be on the lookout for some great deals!
Spend as little as possible on what you need so you can spend as much as possible on what you want.

Online daveg

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Re: The angry thread
« Reply #5176 on: March 20, 2017, 10:34:12 pm »
That's really tough but I guess you'd need to return anything faulty back to the supplier and it's a darned shame you are having to pay so much

Is there any chance you can get MRD to cover some if not all of the return costs?

Appreciate the trouble is more than disappointing but hope that you carry on with your British N gauge modelling.

Dave G

Offline scottmitchell74

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Re: The angry thread
« Reply #5177 on: March 20, 2017, 10:57:23 pm »
Code: [Select]
daveg
I'm working on them right now (although it's bedtime for them now). I'm hoping we can work something out.

I really don't know what to think. Policies are policies, but having to shell out that much money to return something that was BRAND NEW is hard to stomach.
Spend as little as possible on what you need so you can spend as much as possible on what you want.

Offline escafeld

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Re: The angry thread
« Reply #5178 on: March 20, 2017, 11:23:43 pm »
Code: [Select]
daveg
I'm working on them right now (although it's bedtime for them now). I'm hoping we can work something out.

I really don't know what to think. Policies are policies, but having to shell out that much money to return something that was BRAND NEW is hard to stomach.


The Model Railways Direct website states that there terms and conditions does not affect your statutory rights under the 2015 Consumer Rights Act 



Under the consumer Rights Act 2015 Section 9 Paragraph  3e durability - this condition has not been met as the locomotive failed

http://www.legislation.gov.uk/ukpga/2015/15/section/9   

Then Under section 19 - Consumer’s rights to enforce terms about goods Paragraph 3a you have the short term right to reject the goods

http://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

Then under section 20  Paragraph 7a states you get a refund and 8 states the trader must bear the cost of returning the goods

Paragraph 7 states  
" (7)    From the time when the right is exercised—
        (a)    the trader has a duty to give the consumer a refund, subject to subsection (18), and
        (b)    the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed."
Paragraph 8 states
 
"(8)     Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."

http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted)
 

So to decipher this

1. You will need to inform MRD that you are rejecting the goods under the Consumer Rights Act 2015
2. Tell them that it is under Section 9 paragraph 3e durability as the locomotive failed
3. Section 20 paragraph 7a states you will get a full refund
4. Section 20 paragraph 8 the trader (MRD) will have to pay the return postage


Hope this of some help

Offline dannyboy

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Re: The angry thread
« Reply #5179 on: March 21, 2017, 12:41:46 am »
On 3rd March I ordered an item and accessories from a retailer via ebay. The accessories arrived on 14th, but not the item. On checking the tracking information, it show that two packages were sent and confirms that one was delivered. As the 2nd package has not arrived, I put in a claim a couple of hours ago and stated in the claim that two packages were sent but only one received. An acknowledgement was received from ebay at 10.57pm. At 11.16pm, (19 minutes later), I get an email stating that the case has been closed. Reason - I am not getting a refund as the item is shown as delivered!!  :censored:. Is the system so automated that there is no one there to read what I had put in the claim, ie only 1 of 2 packages received  ???. I can appeal, but as I live in Ireland, I have to ring them - before 10pm - aaargh!  :censored:. So I have now gone direct to PayPal to submit a claim - we will see what happens next.  Ask me if I am annoyed.  :veryangry: :censored: :veryangry: :censored:
David.
I used to be indecisive - now I'm not - I don't think.

Offline Steamie+

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Re: The angry thread
« Reply #5180 on: March 21, 2017, 05:48:51 am »
Code: [Select]
daveg
I'm working on them right now (although it's bedtime for them now). I'm hoping we can work something out.

I really don't know what to think. Policies are policies, but having to shell out that much money to return something that was BRAND NEW is hard to stomach.


The Model Railways Direct website states that there terms and conditions does not affect your statutory rights under the 2015 Consumer Rights Act 



Under the consumer Rights Act 2015 Section 9 Paragraph  3e durability - this condition has not been met as the locomotive failed

http://www.legislation.gov.uk/ukpga/2015/15/section/9   

Then Under section 19 - Consumer’s rights to enforce terms about goods Paragraph 3a you have the short term right to reject the goods

http://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

Then under section 20  Paragraph 7a states you get a refund and 8 states the trader must bear the cost of returning the goods

Paragraph 7 states   
" (7)    From the time when the right is exercised—
        (a)    the trader has a duty to give the consumer a refund, subject to subsection (18), and
        (b)    the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed."
Paragraph 8 states
 
"(8)     Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."

http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted)
 

So to decipher this

1. You will need to inform MRD that you are rejecting the goods under the Consumer Rights Act 2015
2. Tell them that it is under Section 9 paragraph 3e durability as the locomotive failed
3. Section 20 paragraph 7a states you will get a full refund
4. Section 20 paragraph 8 the trader (MRD) will have to pay the return postage


Hope this of some help


That is a brilliant bit of help to a member who really wants to do British N Gauge, these shops and companies think we just have to accept what ever they say.

By the way Scograil in Norwich are a very good shop to deal with, i had an item fail on me, not RTR, but a very expensive bit of kit costing over £350 and they sent out a new one next day and even got the courier to pick the faulty on up free of charge.

Hope you get it sorted Scott.   Happy British N Gauge Modelling    :thumbsup: :thumbsup:
« Last Edit: March 21, 2017, 11:31:45 am by Steamie+, Reason: Spellcheck »
:toot: :A1Tornado: :Carriage: :Carriage:

Offline Herzel

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Re: The angry thread
« Reply #5181 on: March 21, 2017, 10:42:10 am »
On 3rd March I ordered an item and accessories from a retailer via ebay. The accessories arrived on 14th, but not the item. On checking the tracking information, it show that two packages were sent and confirms that one was delivered. As the 2nd package has not arrived, I put in a claim a couple of hours ago and stated in the claim that two packages were sent but only one received. An acknowledgement was received from ebay at 10.57pm. At 11.16pm, (19 minutes later), I get an email stating that the case has been closed. Reason - I am not getting a refund as the item is shown as delivered!!  :censored:. Is the system so automated that there is no one there to read what I had put in the claim, ie only 1 of 2 packages received  ???. I can appeal, but as I live in Ireland, I have to ring them - before 10pm - aaargh!  :censored:. So I have now gone direct to PayPal to submit a claim - we will see what happens next.  Ask me if I am annoyed.  :veryangry: :censored: :veryangry: :censored:

Ebay...
then
Hermes....

Jeez.... no comment. I had two go wrong last week: Ebay seller Spiratronics sent the wrong stuff but they are in the process of redeeming themselves, albeit about a week late.

Hermes delivered a torn and empty envelope. A sign??? It started out as a couple of N Gauge Society back numbers bought on ebay! Seller has lost money and will have to claim from Herpes....sorry, I meant Hermes.

Of four Hermes deliveries over about a year, three have gone wrong. 

What a state. There were times when almost nothing went wrong. Blahdee globalisation, that's the trouble.  :worried:  :thumbsdown:

The customer service industry? A load of vieux bolleaux.
« Last Edit: March 21, 2017, 10:44:49 am by Herzel »

Offline scottmitchell74

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Re: The angry thread
« Reply #5182 on: March 21, 2017, 11:25:05 am »
Code: [Select]
daveg
I'm working on them right now (although it's bedtime for them now). I'm hoping we can work something out.

I really don't know what to think. Policies are policies, but having to shell out that much money to return something that was BRAND NEW is hard to stomach.


The Model Railways Direct website states that there terms and conditions does not affect your statutory rights under the 2015 Consumer Rights Act 



Under the consumer Rights Act 2015 Section 9 Paragraph  3e durability - this condition has not been met as the locomotive failed



That is a brilliant bit of help to a member who really wants to do British N Gauge, these shops and companies think we just have to accept what ever they say.

By the way Scograil in Norwich are a very good shop to deal with, i had an item fail on me, not RTR, but a very expensive bit of kit costing over £350 and they sent out a new one next day and even got the courier to pick the faulty on cup free of charge.

Hope you get it sorted Scott.   Happy British N Gauge Modelling    :thumbsup: :thumbsup:


Thanks, Steamie. I can't thank @escafeld enough. I sent MRD and DCC Supplies an email (after sleeping on it and calming down) simply stating my wishes and showing them chapter and verse where UK law agrees with me. Thank you, thank you! Now the ball is in their court, we'll see what happens.

I do want to continue with my attempts with British N Gauge. I've already invested enough that it would be a major pain to scrap the whole thing.

 :NGaugersRule: :thankyousign:
Spend as little as possible on what you need so you can spend as much as possible on what you want.

Offline Ian Bowden

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Re: The angry thread
« Reply #5183 on: March 21, 2017, 12:22:21 pm »
I am waiting again for the gas meter to be changed at the theatre. This time no excuses and lies just nothing. 18 hours wasted waiting so far. The gas supplier has been helpful but doesn't know what is happening as its British Gas who are subcontracting to install the meter. The only good thing is I have been reading a lot more of this forum.

Offline Steamie+

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Re: The angry thread
« Reply #5184 on: Yesterday at 05:20:41 am »
I am waiting again for the gas meter to be changed at the theatre. This time no excuses and lies just nothing. 18 hours wasted waiting so far. The gas supplier has been helpful but doesn't know what is happening as its British Gas who are subcontracting to install the meter. The only good thing is I have been reading a lot more of this forum.

Best read on the web Ian.

British Gas say no more!!!!!!!!!!!!!!
:toot: :A1Tornado: :Carriage: :Carriage:

 

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