Can't get e-buyer to return my components

  millsyx 17:30 18 May 03

I return 4 items to E-Buyer on the 19/11/2003, thats 6 months ago. When I contact them they tell me they will look in to it and contact me with the progress of my return. They then do nothing. Can you tell me how long is a resonable time to wait, when does it become unreasonable, and what can I do about it ? do I see a solicitor, take them to the small claims court, get in touch with trading standards or citizens advice bureau. I am just fed up with E-buyer, so if anybody can shed some light I would appriciate it.

  Forum Editor 17:55 18 May 03

that you returned the goods on 19/11/2002, and on the face of it if you're still waiting for a resolution it's a complete disgrace.

You don't say what the circumstances were - was it that the goods were faulty?

Let us have some more detail if you would - I can feel my blood pressure rising on your behalf!

  Forum Editor 20:26 18 May 03

that the goods returned were:

1. A faulty CPU - less than 30 days old

2. A faulty motherboard

3. A keyboard

4. A CD-RW drive

At the time (December 2002) millsyx was told that the CPU would be replaced "immediately". In February he/she was told that the motherboard had been repaired by the manufacturer, and would be returned "in a few days".

Of the keyboard and CD-RW drive there has been no word.

None of the items have so far been returned, and I think millsyx deserves a medal for patience - mine would have been exhausted long ago.

This is what I suggest you do millsyx:

Write a letter to Ebuyer at:-

Ebuyer (UK) Limited
201 Woodbourne Road
S9 3LR

Address your letter to the Managing director, and send it by special delivery.

I suggest that you say something like this, and at the top, underneath the address, type (in caps) WITHOUT PREJUDICE

Dear sir/madam,

On 31st December 2002 I returned the following items to your company as being faulty:

(list the items, and provide any relevant returns numbers etc.)

I was informed that the faulty CPU would be replaced "immediately" and in February 2003 I was informed that the faulty motherboard had been repaired, and would be returned "in a few days". I have heard nothing of the keyboard and CD-RW drive.

Repeated attempts to discover what progress has been made are met with promises to investigate and call me back - I have not received a single return call.

I find that your company has acted negigently this matter and my patience is now at an end. Unless my property is returned to me fully repaired (or replaced with new items) within ten days of the date of this letter I shall be passing the details to the Trading Standards office and will consider taking legal action for compensation in respect of the inconvenience of being without my property for nearly six months. I shall not refer to you further before commencing legal proceedings.

Yours etc.

Good luck. Come back to this thread and let us know what happens will you?

  Coaster3 21:26 18 May 03

Well said FE and thanks for the address.

Please DO NOT put "Without Prejudice" on the letter - this is often mistaken for giving a letter an air or real legal authority when in fact it merely means that the constens of the letter are not admissable as evidence to a court, which is EXACTLY what you want it to be to show the judge how reasonable you have been.

If you write "Without Prejudice" you can say whatever you wish in the letter, safe in the knowledge that the other side cannot use it. For example, say you were negotiating a settlement for a claim of £500.00 and to resolve the matter quickly, you were prepared to accept £350.00 THEN you WOULD use without prejudice. During the subsequent hearing (Assuming the other side did not settle) if it looks like you were going to winthe case and be awarded the full £500.00 the other side could NOT show the letter and say that you were prepared to accept £350 and therefore that is all the judgement should be for.

"Without Prejudice" - A statement which is made "Without prejudice" for the purpose of settling a dispute cannot be construed as an admission of liability OR GIVEN IN EVIDENCE - Osbourn's Concise Law Dictionary Sweet & Maxwell, London.

"constens" = Contents! Too late (or early)!!!

This thread is now locked and can not be replied to.

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