refunded a customer who won't send part back
Discussion
Hi all wonder if I can probe the collective knowledge of the business forum.
I supplied a part to a customer and the customer has since said that the part has failed, apparently after a month of being fitted.
The part I supplied is an item which is tested at manufacture before despatch so before sending a replacement part out I asked the customer to return the faulty part for investigation along with the parts either side of it so I could make sure that it was indeed the part at fault and not an installation issue.
The customer refused to do that, insisting that I should send out a new part anyway.
I said I was unwilling to do this unless the customer should agree to pay for the second part should it fail in the same way again (indicating then that it was an installation issue and not a part failure at all).
The customer said that was not acceptable and I should send him a new part and that is that. The customer has a bullying attitude on the phone and insists that his right is to a new part come what may. I say it is that (at my discretion) i can repair the part, replace the part like for like with a new one or refund his money. Which of us is right there?
I refused to just send out a new part as the customer said I should and as I had no way of knowing if it was indeed a part failure or an installation issue at this time (as the customer would not return the part for investigation) I then said that unless I could make sure that the part had indeed failed I would much prefer to give the customer his money back and he could source a new part elsewhere, the customer agreed to this course of action and i refunded his money a day later.
I refunded the customer but he's now refusing to give me the old part back saying that I can only have it back when he has sourced an alternative part. I have made investigations and the only other alternative part is on back order and won't be available for up to 6-8 weeks.
How do I stand with getting the supposedly faulty part back off the customer? If it really is faulty I can't see why he would want to hang onto it. As far as I see it he's now holding a part which hasn't been paid for (as he was already refunded in full) ..
i feel that I have approached this in an honest and reasonable manner, what do you think?
Obviously I can't get reimbursed by the manufacturer until I have the part back, if the part then turns out to be fine and it was an installation issue I then have a used part which I can't claim back on with the manufacturer and I lose out through no fault of my own as i see it (part of being in business I know but it's a shame if it happens).
It's a bit of a tricky one because I so rarely have to get involved with things like this as faults/come-backs with things I sell are so rare I don't have previous experience to draw on.
Any help appreciated.
Edited to add the parts costs amount to nearly 700 pounds which was refunded in full once we had agreed on that course of action
I supplied a part to a customer and the customer has since said that the part has failed, apparently after a month of being fitted.
The part I supplied is an item which is tested at manufacture before despatch so before sending a replacement part out I asked the customer to return the faulty part for investigation along with the parts either side of it so I could make sure that it was indeed the part at fault and not an installation issue.
The customer refused to do that, insisting that I should send out a new part anyway.
I said I was unwilling to do this unless the customer should agree to pay for the second part should it fail in the same way again (indicating then that it was an installation issue and not a part failure at all).
The customer said that was not acceptable and I should send him a new part and that is that. The customer has a bullying attitude on the phone and insists that his right is to a new part come what may. I say it is that (at my discretion) i can repair the part, replace the part like for like with a new one or refund his money. Which of us is right there?
I refused to just send out a new part as the customer said I should and as I had no way of knowing if it was indeed a part failure or an installation issue at this time (as the customer would not return the part for investigation) I then said that unless I could make sure that the part had indeed failed I would much prefer to give the customer his money back and he could source a new part elsewhere, the customer agreed to this course of action and i refunded his money a day later.
I refunded the customer but he's now refusing to give me the old part back saying that I can only have it back when he has sourced an alternative part. I have made investigations and the only other alternative part is on back order and won't be available for up to 6-8 weeks.
How do I stand with getting the supposedly faulty part back off the customer? If it really is faulty I can't see why he would want to hang onto it. As far as I see it he's now holding a part which hasn't been paid for (as he was already refunded in full) ..
i feel that I have approached this in an honest and reasonable manner, what do you think?
Obviously I can't get reimbursed by the manufacturer until I have the part back, if the part then turns out to be fine and it was an installation issue I then have a used part which I can't claim back on with the manufacturer and I lose out through no fault of my own as i see it (part of being in business I know but it's a shame if it happens).
It's a bit of a tricky one because I so rarely have to get involved with things like this as faults/come-backs with things I sell are so rare I don't have previous experience to draw on.
Any help appreciated.
Edited to add the parts costs amount to nearly 700 pounds which was refunded in full once we had agreed on that course of action
Edited by trackcar on Saturday 20th September 13:23
Clearly the customer has taken unfair advantage of your helpful nature. It's despicable.
I assume the goods remain yours until paid for in full, so since he hasn't paid he has no right to them. If he declines to give them back I would be inclined to say that he owes you either the goods or the money, issue an invoice for the money, if he fails to pay them take him through the small claims court. That might mean he gets to drag the situation on for a while before things come to a head, but at least you've started the clock ticking.
I assume the goods remain yours until paid for in full, so since he hasn't paid he has no right to them. If he declines to give them back I would be inclined to say that he owes you either the goods or the money, issue an invoice for the money, if he fails to pay them take him through the small claims court. That might mean he gets to drag the situation on for a while before things come to a head, but at least you've started the clock ticking.
I had similar experience recently....
Unfrotunately the Distance Selling Guidelines, check here:-
http://www.oft.gov.uk/shared_oft/business_leaflets...
see section 3.46 and section 3.60
If you haven't stated in your terms and conditions the items must be returned you cannot do anything about it!!
I gave up in the end it was costing me more to get it back than It did to sell....
Unfrotunately the Distance Selling Guidelines, check here:-
http://www.oft.gov.uk/shared_oft/business_leaflets...
see section 3.46 and section 3.60
If you haven't stated in your terms and conditions the items must be returned you cannot do anything about it!!
I gave up in the end it was costing me more to get it back than It did to sell....
Get your T&C's clear and complete in case of future claims.
Send 14 day notice that either the faulty part is returned or a County Court Claim will be issued for the replacement value.
PM me if you need any help.
http://www.letterbeforeaction.co.uk
Send 14 day notice that either the faulty part is returned or a County Court Claim will be issued for the replacement value.
PM me if you need any help.
http://www.letterbeforeaction.co.uk
Edited by jamesuk28 on Wednesday 5th November 22:10
Good advice above. In future insist on the part being returned before you issue a replacement/refund. It's a basic of business, if you buy something from a shop, it doesn't work, you take it back. If he wants an "advanced spare" then he should pay for it in advance and you can refund once the good one is back. Don't rely on the other person being honest and reasonable as you have been!
Many thanks all for the info here, especially the terms and conditoins regarding refunds / return of goods. Crikey you have to cover everything don't you grr! A development it seems is that the goods should be with me this next week, so we will wait and see. Maybe the customer read this thread lol! (in which case i hope he doesn't keep the part!) .. Many thanks again 
TCS said,
"I say it is that (at my discretion) i can repair the part, replace the part like for like with a new one or refund his money. Which of us is right there"?
You are correct, not the customer. I'd have waited for the old part to be returned before sending out a replacement which hadn't been paid for. Now I'd invoice the customer for the damaged part but at it's full value giving 14 days to pay or have it collected.
ETA, if the customer had 'rejected' the goods then obviously they should be returned.
"I say it is that (at my discretion) i can repair the part, replace the part like for like with a new one or refund his money. Which of us is right there"?
You are correct, not the customer. I'd have waited for the old part to be returned before sending out a replacement which hadn't been paid for. Now I'd invoice the customer for the damaged part but at it's full value giving 14 days to pay or have it collected.
ETA, if the customer had 'rejected' the goods then obviously they should be returned.
Edited by Boosted LS1 on Tuesday 23 September 12:33
Weigh up the "costs" and make a decision..
1) How much time you are spending on this one customer
2) How much the parts cost / business you've done with them.
Make a decision to pursue or leave based on above and if it's only a small order, just ignore any future contact... They can go somewhere else, to annoy!
If it's a lot of money and not taking up too much time, maybe consider a strongly worded letter from a solicitor. Although you should find out how much this would cost to construct.
1) How much time you are spending on this one customer
2) How much the parts cost / business you've done with them.
Make a decision to pursue or leave based on above and if it's only a small order, just ignore any future contact... They can go somewhere else, to annoy!
If it's a lot of money and not taking up too much time, maybe consider a strongly worded letter from a solicitor. Although you should find out how much this would cost to construct.
Hi all.
Just updating this topic with the latest developments.
The customer had still not sent the parts back so I contacted Jamesuk28 / Gemini Debt Recovery and it's now all sorted. From James getting involved to the parts being in my workhop was just a few days.
I understand that quite a few PHers already use James and his company and I can see why .. an absolute pleasure to deal with and a fast speedy result to an issue which had dragged on for far too long.
Many thanks to James and his company, in this day it's great to report someone giving sound advice, fast service and a genuinely nice person too.
Joo, a happy customer
Just updating this topic with the latest developments.
The customer had still not sent the parts back so I contacted Jamesuk28 / Gemini Debt Recovery and it's now all sorted. From James getting involved to the parts being in my workhop was just a few days.
I understand that quite a few PHers already use James and his company and I can see why .. an absolute pleasure to deal with and a fast speedy result to an issue which had dragged on for far too long.
Many thanks to James and his company, in this day it's great to report someone giving sound advice, fast service and a genuinely nice person too.
Joo, a happy customer
king sort you out" 
trackcar said:
yikes. occupational hazard i guess. out of interest how many people have actually come to find you? I suspect most are big on words and short on actions?
Not had any so far, and our security is shall we say pretty beefy. Always pays to be prepared though and if and when they do turn up they better bring a big bat.jamesuk28 said:
trackcar said:
yikes. occupational hazard i guess. out of interest how many people have actually come to find you? I suspect most are big on words and short on actions?
Not had any so far, and our security is shall we say pretty beefy. Always pays to be prepared though and if and when they do turn up they better bring a big bat.See what I mean, sometimes it's not how big your bat is, but the type of bat.
Anyway, I digress, James, any chance you found the address of that bird who fleeced my missus? I have a small furry winged creature to take round and see her
sorry about the slightly looney post, i'm feeling light headed from lack of lunch
Dirty Boy said:
jamesuk28 said:
trackcar said:
yikes. occupational hazard i guess. out of interest how many people have actually come to find you? I suspect most are big on words and short on actions?
Not had any so far, and our security is shall we say pretty beefy. Always pays to be prepared though and if and when they do turn up they better bring a big bat.See what I mean, sometimes it's not how big your bat is, but the type of bat.
Anyway, I digress, James, any chance you found the address of that bird who fleeced my missus? I have a small furry winged creature to take round and see her
sorry about the slightly looney post, i'm feeling light headed from lack of lunch
I emailed you ages ago on this. yes we traced the hair curling nicking cow.
I will resend in the morrow and give you a bell.
James
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