Legal Advice regarding faulty goods and refunds - HELP!

[adamck]

Hi Guys.
So... i posted up a long topic a while ago regarding waiting 8 weeks for an exhaust system for my bike.

https://www.bikechatforums.com/viewtopic.php?t=226353

Eventually when it arrived it turned out to not fit my bike so i returned the pipes he requested.

Now he wants the rest of the system returning to him so he can see what is what.

I shipped the rest of the system back today (costing me £22) so i scanned the receipts for the return postage and requested a refund (£30 in total).

I have been told the postage incurred is at MY cost due to not using his courier which was inconvenient for me.

So to re-cap, i waited 10 weeks for delivery of a system which turned out to be poor quality welding in places and faulty as it didnt fit.

its now been 4 months (since payment) of emails, pics, videos, phone calls, postage and waiting and now i have no exhaust and im £440 out of pocket so far, and have lost this years riding.

So with all of todays antics i have finally decided i want a full refund with re-embursement of postage fee's as i have been VERY patient.

I have now been told i am obliged to let him repair the system and he cannot give me a refund!

I have googled the sales of goods act which says im entitled to a refund if the goods are poor quality, faulty or not fit for purpose (which this is all 3)

Where do i stand now?

(p.s i work for a solicitors)
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[kerr]

you do have a right to ask for your money back as far as i know, email him the sales of goods act.
plus wouldnt it be better asking at work rather than here if you work for a solicitor's
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[adamck]

I am better asking at work, just i have a feeling he will call me tonight...

I feel i have been fair and i was hoping for the system to be worked on to make it right, but after the cheek of wanting me to pay for the return postage it was the last straw...

The only reason ive put up with all this is due to the fact he is the only person who makes a twin system for my bike and its what i wanted in terms of style and design.

If he has told me he will fix the system and i return the item to him, then i decide i want a full refund, am i obliged to let me attempt to fix it before i can demand this refund?
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[Minty]

Did you pay by debit/credit card? Do a chargeback.
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My fingers smell of your mum.

[adamck]

I paid via paypal but i dont want the £410 refund for the system, i want the £440 in total for the system and the postage fee's.

and i want my exhaust hangers sending back!
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[iooi]

[Chris750]

If I was in your position I would probably let them put it right.

Its the system you wanted all along and if you start a dispute you may be left without the money, the exhaust and your hangers while it all gets sorted out.

I would say that I want the postage back as part of the bargain of me still having the exhuast though and I would put a time limit on them getting back to me and all being correct.

Make sure you takes notes of every contact you have with them. document everything, in case things turn nasty.
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Current Rides: GSXR-750 WS, GSXR-1000 K5, KTM EXC 300

[adamck]

I was sending the system back to let them fix it but its since they said i wasnt getting a refund for the return postage that it was the last straw.

I dont understand why its up to me to pay for the return postage?

Then when i kick up a fuss he offers me a 'Good will gesture' of £10 refund leaving me £20 out of pocket still.

Ive sent tons of photo's, videos and emails and spoke to the guys multiple times to try and get sorted and ive been so patient with them but it gets to a point where enough is enough.

My bike had been garaged all year and ive been faffing with this for months and i just want the bike ready and MOT'd for next year.

Really gutted its all turned out to be a mess!
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[P.]

Tell him..

His exhaust is not as described at all, it doesn't fit, it does not have the quality he stated it would have and you are totally unhappy with it.

Ask for a full refund minus the postage you paid, its only fair as he did arrange a courier... I know it may have been inconvenient for you, but thats life dude. My bike broke 2 days before I was due in court 20 miles away with no other transport... shit happens and I was inconvenienced also.

Hope you get it sorted but...

...

https://images.icanhascheezburger.com/completestore/2008/9/25/128668379572565643.jpg

[adamck]

He didnt arrange a courier, he offered me the choice of a courier that he uses (but i would have to wait in all weekend) so i suggested that i post via Royal mail when i get chance to do it.

So IMO i think he is liable for the postage fee's.

Ill just speak to the solicitors in work and see where i stand.

Next question is where to get a new system built?

Every man and his dog tells me how i could have got it made better or cheaper or more locally... but then nobody tells me where can do it!!

Just emailed ASBO exhausts after a recommendation... MTC and Pipeworx are not interested...
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[P.]

[Rogerborg]

I'd sort out another supplier before you burn any bridges with this one. He's got it back and is presumably working on it. I mean, stranger things have happened, I saw Warped making a sensible post last weekend.

If you decide to bail on him, thank him kindly for acknowledging that it's not fit for purpose, but tell him you opt for a full refund. Everything in writing from now on - don't take his calls. Give him 2 weeks, then send a Notice Before Action (ask your workmates), then it's off to County Court - good luck on ever collecting though.
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[adamck]

I am trying to keep it all nice before it gets sour.

Trying to source someone else to make a system, at worst i will get a Scorpion off the shelf system, but what i wanted was custom.

Hes not working on it yet as it was only posted back today.

Infact... he doesnt make the system, he made the first, then he gets another company to make the system for him and ship it out.

He just takes the cash and advertises it as his system as he made the first prototype.

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