gumpy000 Posted July 12, 2016 Share Posted July 12, 2016 (edited) I need an answer. So I have ordered an item from a company. All messages between us was about this one item. They then send me the wrong item. I tell them. They send out right item. I ask them to send out a prepaid address label so I can send the wrong item back and they refuse. This would cost me another £10 to send back. I don't think I should have to pay for their mistake. Who should pay? They sent the wrong item. Not me. Help people? Edited July 12, 2016 by gumpy000 Link to comment Share on other sites More sharing options...
davey_83 Posted July 12, 2016 Share Posted July 12, 2016 Ive had this happen a couple times recently, both times once the fault was acknowledged they sent out the correct item with a pre paid label for return. 1 Link to comment Share on other sites More sharing options...
Ekona Posted July 12, 2016 Share Posted July 12, 2016 They do. Or to put it another way, they have to arrange for the item to be collected and delivered back to them: How they achieve that is up to them. If it's an item of worth then £10 is nothing, if it's cheapy then most would write it off. 1 Link to comment Share on other sites More sharing options...
WINKJ Posted July 12, 2016 Share Posted July 12, 2016 ask them just to post out the correct item and see if they insist on the incorrect item to be returned? 1 Link to comment Share on other sites More sharing options...
Floydbax Posted July 12, 2016 Share Posted July 12, 2016 Most companies have their own 'returns policies', when you completed to the transaction it was implied that you agreed to this in law, unless the policy is 'unreasonable'. See what their policy is. I would personally just sit on the unreturned item if you can store it. If they are that assed about it they will arrange its return. 1 Link to comment Share on other sites More sharing options...
Banz Posted July 12, 2016 Share Posted July 12, 2016 If they posted the wrong item, then there is no doubt that they should pay the postage. If I made a mistake and asked for the wrong item, then I think it is fair to pay the postage myself. 1 Link to comment Share on other sites More sharing options...
LRF4N Posted July 12, 2016 Share Posted July 12, 2016 Sorry to hijack your thread- but that's what I'm about to do lol I had the same problem, ordered a pair of calipers and they sent out some that didn't fit the car. They double checked my order against my reg plate and still got it wrong I returned them and got a full refund I paid for postage myself- can I still raise this and claim postage back? It's been around 2 months 1 Link to comment Share on other sites More sharing options...
mouthwash Posted July 12, 2016 Share Posted July 12, 2016 I think I looked into this previously and if you've been sent an item in error, as long as you notify them, they have a certain time period in which to collect it. Same thing happened to me when Vodafone sent me two galaxy s2's, I told them about it and they told me to go post it which I'm under no legal obligation to do. I told them the address it's at and they can collect any time they like, they never did and I ended up with a free s2 that paid for the contract. 1 Link to comment Share on other sites More sharing options...
gumpy000 Posted July 12, 2016 Author Share Posted July 12, 2016 (edited) Well I have looked at the terms they sent me and no where does it say if they send out the wrong item that it is up to me to pay for their mistake. I then feel it is unreasonable to spend my money on their mistake. And not being funny if they are being this petty over just £10 then there you go. Would have been much more simple just to send out a prepaid paid. If I had done this in my company we wouldnt have much custom. Edited July 12, 2016 by gumpy000 Link to comment Share on other sites More sharing options...
ZMANALEX Posted July 12, 2016 Share Posted July 12, 2016 Simples: Just tell them that the item is ready for collection. Job Done: 1 Link to comment Share on other sites More sharing options...
KyleR Posted July 12, 2016 Share Posted July 12, 2016 So you have both the wrong item and the wrong item and have only paid once? Then don't worry about a thing, they know where it is, come get it! Link to comment Share on other sites More sharing options...
KosmiK Posted July 12, 2016 Share Posted July 12, 2016 I ordered a 370z spare wheel from Nissan on eBay and they sent me an extra wheel, I think for a qashqai. I stupidly told them about their mistake so they asked me to post it back and they'd reimburse me. I said no, and that they can come and collect it. Apparently they are unable to collect it from the address, despite delivering to it a few days ago. They then suggested I drop it off at the local Nissan garage, which I refuse to do since there's no way I'm getting any compensation for my trouble. Told them to either collect it, pay my expenses (only £5) in advance or it'll go in the bin. Anyone need a qashqai spare? Link to comment Share on other sites More sharing options...
marzman Posted July 12, 2016 Share Posted July 12, 2016 If you've got both items in hand, do nothing. If they want it back it's their job to sort it out. Link to comment Share on other sites More sharing options...
ioneabee Posted July 12, 2016 Share Posted July 12, 2016 reading your 1st post - I "think" you say you have the correct item as well (although that is not clear in your post) so - you have the correct item - do as others have said - tell them to come and collect it - not your problem so - you do not have the correct item - bugger - that's awkward, but the law is still on your side Link to comment Share on other sites More sharing options...
gumpy000 Posted July 13, 2016 Author Share Posted July 13, 2016 (edited) I do have the right item. I told them as soon as I received wrong item. They then sent out right item. So yes I know have the right one and the wrong one. So guess il just wait for the pre paid. If I don't have one by a month, il keep the wrong one till I may need it. Haha Edited July 13, 2016 by gumpy000 Link to comment Share on other sites More sharing options...
HaydnH Posted July 13, 2016 Share Posted July 13, 2016 so - you do not have the correct item - bugger - that's awkward, but the law is still on your side He's paid for X, if they haven't delivered X then they haven't completed their side of the deal regardless of any arguments around their mistake of accidentally delivering Y instead. It would be the same situation as ordering something and never receiving it, either they send you the item you've paid for or you try and get your cash back directly or via CC company/paypal etc. Link to comment Share on other sites More sharing options...
gumpy000 Posted July 14, 2016 Author Share Posted July 14, 2016 So you all know as this has been a total ball ache and i HATE being accused of doing something i havent. They have now said i clearly have no understanding of consumer Acts and that it is all my fault! Yet if they read back to all my emails NOT once do I mention the other item. They have now sent out a courier to collect the item. My, was that hard work for them to get back their correct item. I wish i had not told them i had both now. I think they are thieving B*****DS. If anyone wants to know the company let me know..,... Link to comment Share on other sites More sharing options...
WINKJ Posted July 14, 2016 Share Posted July 14, 2016 So you all know as this has been a total ball ache and i HATE being accused of doing something i havent. They have now said i clearly have no understanding of consumer Acts and that it is all my fault! Yet if they read back to all my emails NOT once do I mention the other item. They have now sent out a courier to collect the item. My, was that hard work for them to get back their correct item. I wish i had not told them i had both now. I think they are thieving B*****DS. If anyone wants to know the company let me know..,... is it likely to be a company the majority of us use? Link to comment Share on other sites More sharing options...
Adrian@TORQEN Posted July 14, 2016 Share Posted July 14, 2016 Oh, absolutely, TORQEN are THIEVING BA$TARDS, stay clear away! They tried to rob James for £4.45 shipping cost via Royal Mail! They even discounted the price for him, unbelievable! James, you should have kept the original item, "you shouldn't have told us about it", keeping something that you haven't paid for makes you legit Link to comment Share on other sites More sharing options...
gsexr Posted July 14, 2016 Share Posted July 14, 2016 (edited) Distance selling regulations will tell you all you need to know https://www.gov.uk/online-and-distance-selling-for-businesses/overview Edited July 14, 2016 by gsexr Link to comment Share on other sites More sharing options...
Ekona Posted July 14, 2016 Share Posted July 14, 2016 So you did actually try and charge him for returning the item? Link to comment Share on other sites More sharing options...
gumpy000 Posted July 14, 2016 Author Share Posted July 14, 2016 Being charged for your mistake makes me wrong -nope. Did I tell you honestly that i have wrong item - yes. have you been going on and on that i legally abide by your rules that i should pay. yes Should I pay. No. would it have been easier for you just to have said that you were sorry you had sent the wrong item and please return with the following pre-paid label. yes Nowhere does it state if you send the wrong item, We as a customer have to return the item at our costs. Link to comment Share on other sites More sharing options...
gumpy000 Posted July 14, 2016 Author Share Posted July 14, 2016 whether it was £4 or £400 it is not my fault nor responsibility to pay. I have constantly said 'sorry' but i refuse to pay. Also the discount was in your 'June Sale'. nothing to do with this Link to comment Share on other sites More sharing options...
gumpy000 Posted July 14, 2016 Author Share Posted July 14, 2016 So you did actually try and charge him for returning the item? Yes Link to comment Share on other sites More sharing options...
Ekona Posted July 14, 2016 Share Posted July 14, 2016 Well, that's pretty clear cut then. Naughty naughty and all that. That said, I'm sure this was just a mistake by Adrian, we all make them at times (even me!). Link to comment Share on other sites More sharing options...
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