None supply of order from Germany
Discussion
Around 18 months or so ago I placed an order for a cambelt kit with a well known parts supplier, the prices are usually the best.
Nothing ever arrived, my emails were at first ignored then eventually I was told I had received the kit.
I asked for proof of delivery, very slowly they responded, I finally received proof, a signature, not even remotely like mine or resembling my name.
Told them repeatedly it was not me and I had received nothing.
I decided to contact the courier dpd, they were helpful, turns out their driver had accidentally delivered my parcel to a business in the city centre and not gone back for it.
Presented with this info the well known german parts supplier stuck with their story of me receiving it.
I got onto my bank, despite paying by debit card they did a chargeback, after a while that got refunded back to them as it ‘was not their fault’
I was told until the courier company returned the parcel to them I receive no refund.
Nothing ever happened. Contacted dpd and AD, nothing.
The last week they have started answering my emails and messages, I have asked for the chief executive’s email, nothing, asked for a refund or credit note... They have closed the case and wish me well and if I need parts to contact them.
This is only for £102, but my god they are not getting away with this, any ideas at all what I can do next ?
Nothing ever arrived, my emails were at first ignored then eventually I was told I had received the kit.
I asked for proof of delivery, very slowly they responded, I finally received proof, a signature, not even remotely like mine or resembling my name.
Told them repeatedly it was not me and I had received nothing.
I decided to contact the courier dpd, they were helpful, turns out their driver had accidentally delivered my parcel to a business in the city centre and not gone back for it.
Presented with this info the well known german parts supplier stuck with their story of me receiving it.
I got onto my bank, despite paying by debit card they did a chargeback, after a while that got refunded back to them as it ‘was not their fault’
I was told until the courier company returned the parcel to them I receive no refund.
Nothing ever happened. Contacted dpd and AD, nothing.
The last week they have started answering my emails and messages, I have asked for the chief executive’s email, nothing, asked for a refund or credit note... They have closed the case and wish me well and if I need parts to contact them.
This is only for £102, but my god they are not getting away with this, any ideas at all what I can do next ?
Because it was months before I found out, AD in Germany were sticking with their ‘ I have received it’ line, they do not answer quickly, in the mean time I had ordered a cambelt kit elsewhere.
When I found out from dpd what had happened, they said should they try and retrieve the parcel, I told them no, it is to late (months) I have bought elsewhere.
When I found out from dpd what had happened, they said should they try and retrieve the parcel, I told them no, it is to late (months) I have bought elsewhere.
waynedear said:
Because it was months before I found out, AD in Germany were sticking with their ‘ I have received it’ line, they do not answer quickly, in the mean time I had ordered a cambelt kit elsewhere.
When I found out from dpd what had happened, they said should they try and retrieve the parcel, I told them no, it is to late (months) I have bought elsewhere.
I’d have been kicking up stink with the bank to make sure that the chargeback was not reversedWhen I found out from dpd what had happened, they said should they try and retrieve the parcel, I told them no, it is to late (months) I have bought elsewhere.
kiethton said:
waynedear said:
Because it was months before I found out, AD in Germany were sticking with their ‘ I have received it’ line, they do not answer quickly, in the mean time I had ordered a cambelt kit elsewhere.
When I found out from dpd what had happened, they said should they try and retrieve the parcel, I told them no, it is to late (months) I have bought elsewhere.
I’d have been kicking up stink with the bank to make sure that the chargeback was not reversedWhen I found out from dpd what had happened, they said should they try and retrieve the parcel, I told them no, it is to late (months) I have bought elsewhere.
Gixer968CS said:
To be fair it's not really AutoDoc's problem is it? Surely DPD are at fault and have admitted it. Unless AutoDoc guaranteed delivery I think your claim is with DPD, unless the terms and conditions you agreed to say something else. I've had a nasty experience with them myself (AD) and won't be using them again. Cheap for a reason it seems.
No the contract is only complete when the part is delivered to the OP. It is for the seller to take the matter up with DPD. At this point there is no basis for bank not to refund the OP.Jasandjules said:
Gixer968CS said:
To be fair it's not really AutoDoc's problem is it? Surely DPD are at fault and have admitted it. Unless AutoDoc guaranteed delivery I think your claim is with DPD, unless the terms and conditions you agreed to say something else. I've had a nasty experience with them myself (AD) and won't be using them again. Cheap for a reason it seems.
No the contract is only complete when the part is delivered to the OP. It is for the seller to take the matter up with DPD. At this point there is no basis for bank not to refund the OP.The key is that the payment was to the supplier (who according to the OP has been proven to not be at direct fault) and was not paid to the parcel company.
It might seem unfair/harsh/shouldn't-work-like-that, but that's how the chargeback rules work.
Tommo87 said:
Jasandjules said:
Gixer968CS said:
To be fair it's not really AutoDoc's problem is it? Surely DPD are at fault and have admitted it. Unless AutoDoc guaranteed delivery I think your claim is with DPD, unless the terms and conditions you agreed to say something else. I've had a nasty experience with them myself (AD) and won't be using them again. Cheap for a reason it seems.
No the contract is only complete when the part is delivered to the OP. It is for the seller to take the matter up with DPD. At this point there is no basis for bank not to refund the OP.The key is that the payment was to the supplier (who according to the OP has been proven to not be at direct fault) and was not paid to the parcel company.
It might seem unfair/harsh/shouldn't-work-like-that, but that's how the chargeback rules work.
C350Akra said:
JasandJules is correct, the contract is not fulfilled until the purchaser receives the goods. If the purchaser had arranged for DPD himself, then it is his problem, otherwise the seller has the problem and the liability.
and, I'm not disagreeing with that bit. I was commenting on the banks obligations, in this given scenario.For clarity and to avoid confusion, the payment in this case was by Debit card and as such is bound by the chargeback regulations which are not party to Section 75 of the Consumer Credit act. Hence my comments.
Chargeback in this scenario was undertaken by the bank following the OP raising a formal dispute, but counter-disputed by the vendor, requiring the bank to return those monies.
Credit cards operate differently and have a statute behind them, if over £100..
Edited by Tommo87 on Friday 23 October 16:09
waynedear said:
If you know a way to deal with AD which is quicker when they, no matter how many emails you send, don’t answer, please let me know.
DPD, after initial admission were no help.
It was more that something that seems to have cost under £40 has been bothering you for a year and a halfDPD, after initial admission were no help.
Edited by waynedear on Friday 23 October 16:34
Just let it go fella
TUI transfer journey on THEIR coach and my luggage fell out of the bus hold and was damaged beyond repair. Had written evidence by TUI rep on the bus and photogrpahic evidence etc. Chased them for 8-10 months with them claiming 7 times that they don't handle luggage claims and i needed to go through "airline luggage claims". However they only deal with "airside" luggage and this wasn't their remit; it was TUI's. I got nowhere and gave up. However since then i have had x10 my original claim value back on spurious matters i would not ordinarily moan over, and don't except with TUI. Reap what you sow.
This stuff grinds my gears. You have the law on your side, you have the evidence but they don't care. If you are a principled man and have the time/inclination then take them to court. You will win and have the pleasure of that victory. However it will come at a high price in time and effort.
Two other options
1. Forget about it, the pain will soon fade
2. Get them back in other ways, become the hated customer. It's petty, but midly satisfying
This stuff grinds my gears. You have the law on your side, you have the evidence but they don't care. If you are a principled man and have the time/inclination then take them to court. You will win and have the pleasure of that victory. However it will come at a high price in time and effort.
Two other options
1. Forget about it, the pain will soon fade
2. Get them back in other ways, become the hated customer. It's petty, but midly satisfying
Edited by TheDrownedApe on Friday 23 October 18:30
anonymous said:
[redacted]
I know what you are saying, over many years buying new/used parts privately and from businesses I have not had issues, (I made sure the replacement cambelt kit I bought was not from AD, until the confirmation email from the seller said thanks you for placing an order with AD, delivered no bother) this has really got under my skin.The long delays and now the we have closed the case message, basically ‘tough titty’, it is annoying.
Gixer968CS said:
To be fair it's not really AutoDoc's problem is it? Surely DPD are at fault and have admitted it. Unless AutoDoc guaranteed delivery I think your claim is with DPD, unless the terms and conditions you agreed to say something else. I've had a nasty experience with them myself (AD) and won't be using them again. Cheap for a reason it seems.
Would s.43 of the Consumer Contracts Regulations 2013 not apply? https://www.legislation.gov.uk/uksi/2013/3134/madeWhich law governs the contract?
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