Miss Sold Something - Reject Delivery?

[Chamon_Lee]

HI All,

Quite stressed right now and need some advise. Very stupidly purchased some precious metals and made clear what I wanted. 6 weeks of not telling me what I would get for my money they are now sending me something completely different from what I asked for and quite frankly hardly knew existed.

As soon as I knew what they were sending me I kicked up a fuss but they are sticking their heels in. The item is being delivered today via PDP. Shal I reject the delivery of the order which is coming today around 5pm! Value of order is quite high!

[4rephill]

Hmmm.....Sounds to me as though you wanted gold, silver or platinum, but they're delivering palladium

What were the terms of your purchase?

If they specifically state gold, silver or platinum, and there's no mention of an alternative being supplied, then you should have the right to refuse to accept delivery.

If however, the terms state that an alternative precious metal, to the exact same value, can be supplied, then I'd say you can't refuse to accept delivery.

(Just my opinion - Others may know better)

[TooLateForAName]

I think you probably need to give quite a bit more info.

How can you buy something but not know what you're getting? Makes it sound like you've agreed to a rather vague purchase. Would this fall into distance selling?

Have you bought an investment or a commodity?

[Chamon_Lee]

I made it clear I wanted normal bullion 1 ounce coins
for 6 weeks did not tell me what I was getting as "they had no access to vault" then just yesterday tell me they are sending me graded very over priced coins which is not what I asked for. I even investigated these and for exact same coin, year, grade, MS rating etc, they have charged me 300-400 quid extra per coin.
I feel like I have been totally conned.
I have phoned them multiple times now and being fobbed off that "director wiill phone you"
I can't beleive i've been so stupid.

[hutchst]

How will refusing to accept delivery improve your position?

Misrepresentation is a question of fact at the time of contract. Now't to do with delivery.

[BertBert]

It's a matter of risk management and not an easy call.

If you refuse delivery, you have no idea what'll happen to the package. You'll have pad out money and it may not get back to the sender and you'll struggle to get money back.

If you accept delivery, then it might (will) still be hard to send them back and get a refund, but you won't be in a total loss position.

My instinct would be to accept the delivery.

Bert

[Chamon_Lee]

hutchst said:

How will refusing to accept delivery improve your position?

Misrepresentation is a question of fact at the time of contract. Now't to do with delivery.

I wasn't sure if accepting the delivery was acceptance of the goods? I thought rejecting it might show I don't accept what they sent.

[4rephill]

Chamon_Lee said:

I made it clear I wanted normal bullion 1 ounce coins
for 6 weeks did not tell me what I was getting as "they had no access to vault" then just yesterday tell me they are sending me graded very over priced coins which is not what I asked for. I even investigated these and for exact same coin, year, grade, MS rating etc, they have charged me 300-400 quid extra per coin.
I feel like I have been totally conned.
I have phoned them multiple times now and being fobbed off that "director wiill phone you"
I can't beleive i've been so stupid.

Ah okay, sounds to me as though they are trying to fob you off with a load of coins that no one else wants, and they can't get rid of.

Even if the coins being supplied were worth the same as the bullion coins purchase-wise, their investment value may not be - As in, both could be bought for say, £5K, but the Bullion coins could be worth £10K in the future, whilst the coins being supplied will only ever be worth £5K.

It still depends on the terms of the agreed sale, and if you agreed that an alternative could be supplied.

If you know for definite that there is no agreement to be supplied an alternative, if it were me, I wouldn't accept the delivery, and demand either the coins I'd ordered, or my money back in full.

[4rephill]

Chamon_Lee said:

I wasn't sure if accepting the delivery was acceptance of the goods?.......

That would be my concern - They could claim that by accepting the delivery, you accepted the alternative supply, and so they have fulfilled their part of the contract.

Yes, you'll have something for your money at least, but it could be something that no one else wants, and you can't get rid of!

[andburg]

so they're sending something that has the same weight value but is possibly more collectible albeit it may not be in perfect condition. They're essentially charging you extra for potential increases from collectors who aren't going to want anything but perfect coins?

If you paid on credit card I'd be calling the provider for assistance

[Chamon_Lee]

andburg said:

so they're sending something that has the same weight value but is possibly more collectible albeit it may not be in perfect condition. They're essentially charging you extra for potential increases from collectors who aren't going to want anything but perfect coins?

If you paid on credit card I'd be calling the provider for assistance

I paid with a debit card. I called a couple of other bullion dealers and they were shocked at what had happened.
I even said to the place I purchased from at the very least cancel what you are sending me and send me what I wanted - No such joy or saying yeah sure no problem. They are forcing me to take what they have decided - not what I asked for.

[ReverendCounter]

How did you pay, bank transfer, credit card or another method? Has the payment method got buyer protection? Do you have any legal insurance?

[Chamon_Lee]

ReverendCounter said:

How did you pay, bank transfer, credit card or another method? Has the payment method got buyer protection? Do you have any legal insurance?

It was a debit card payment over the phone. I am going to call my bank and ask what they can do.
what a mess

[scottyp123]

Dont sign for anything by DPD either, you never know.

[Chamon_Lee]

scottyp123 said:

Dont sign for anything by DPD either, you never know.

They are apparently going to take a picture of me taking delivery.
I am not sure if I should reject delivery and ask them to return to sender. I guess if I didn't get the goods then they can't keep payment?

[andburg]

Chamon_Lee said:

andburg said:

so they're sending something that has the same weight value but is possibly more collectible albeit it may not be in perfect condition. They're essentially charging you extra for potential increases from collectors who aren't going to want anything but perfect coins?

If you paid on credit card I'd be calling the provider for assistance

I paid with a debit card. I called a couple of other bullion dealers and they were shocked at what had happened.
I even said to the place I purchased from at the very least cancel what you are sending me and send me what I wanted - No such joy or saying yeah sure no problem. They are forcing me to take what they have decided - not what I asked for.

hang on

surely you know how much you paid and that was a set price...so how have you been charged extra? a second transaction?

https://www.bullionbypost.co.uk/gold-coins/best-va...

may or may not be the company but i notice that each listed is actually a category rather than a specific coin for example; Perth Mint Gold Lunar

website said:

These coins are from prior years and may have some marks on them - this does not affect their bullion value.

but doesn't say they could charge you any more than the weight value


edit: Alarms bells would been ringing when they had no idea what was in the vault....I'd expect them to have a rigorous stock control and movement system!

Edited by andburg on Thursday 7th May 16:15

[Chamon_Lee]

andburg said:

Chamon_Lee said:

andburg said:

so they're sending something that has the same weight value but is possibly more collectible albeit it may not be in perfect condition. They're essentially charging you extra for potential increases from collectors who aren't going to want anything but perfect coins?

If you paid on credit card I'd be calling the provider for assistance

I paid with a debit card. I called a couple of other bullion dealers and they were shocked at what had happened.
I even said to the place I purchased from at the very least cancel what you are sending me and send me what I wanted - No such joy or saying yeah sure no problem. They are forcing me to take what they have decided - not what I asked for.

hang on

surely you know how much you paid and that was a set price...so how have you been charged extra? a second transaction?

https://www.bullionbypost.co.uk/gold-coins/best-va...

may or may not be the company but i notice that each listed is actually a category rather than a specific coin for example; Perth Mint Gold Lunar

[quote]These coins are from prior years and may have some marks on them - this does not affect their bullion value.

Stupidly they said to me we don't know whats in the vault so yes as you alluded to I asked for a mixture of 1 ounce coins but give or take same value around 1400 a coin at the time. WHat they have sent me is graded slabbed coins in packaging and all of them being charged to me at 2200 per coin, 2500 per coin! its not what I wanted, I wanted what you linked above.

Whats worst is the same coin I can find for around 1800-2000 a coin!

[harveys]

Can you call your bank and request a chargeback?

[mmm-five]

If it is the ones in the link provided, then surely the description should have been a hint?

bullionbypost.co.uk said:

This product is for investors looking for the best value for money and who do not mind which coins they own.

All 1oz best value gold coins will be either 22 carat or 24 carat but all will contain exactly 31.10348 grams of pure gold.

You obviously do mind, so why purchase these?

[andburg]

When i mock purchase..


Cancellations - As the goods supplied are dependent on fluctuations in financial markets, under the Financial Services (Distance Marketing) Regulations 2004 there is no statutory right to cancel. Any cancellations will incur a £25 termination fee plus any adverse movement in the underlying metal prices.

based on that they should have allowed you to cancel or should still let you.

underlying price vs 6 weeks ago is actually higher so i read that as £25 to cancel.