Advice needed -returning a damaged bike

[Andrew_P]

Stick with the Amazon A-Z - if that fails do a small claims online. Easy to do. Emma is the owner of the business and is trying to confuse you with BS. Also their business info is filled out wrong on Amazon Poppy Trading Company Ltd doesn't exist the company reg number leads somewhere else.

https://beta.companieshouse.gov.uk/company/08880330/officers

 

[Andrew_P]

the hyperlinking to the devils spawn is really irritating (A)(MA)ZO)N it even got round my attempt before to stop it

 

[Globalti]

So fix the bike up and sell it.

 

[Andy_R]

From their website:

NOTE: We reserve the right to determine what damage is due to defective materials and what is due to product abuse or misuse.

Says it all really.

Interesting too that on the amazon Q&A Emma says it'll be ok to put a 27kilo child in the rear basket.......

 

[classic33]

Stick with the Amazon A-Z - if that fails do a small claims online. Easy to do. Emma is the owner of the business and is trying to confuse you with BS. Also their business info is filled out wrong on Amazon Poppy Trading Company Ltd doesn't exist the company reg number leads somewhere else.

https://beta.companieshouse.gov.uk/company/08880330/officers

Why the name change though? Its not two years old yet.
http://listings.findthecompany.co.uk/l/167346839/Poppy-Trading-Company-Ltd-in-York-United-Kingdom

 

[MarkF]

[QUOTE 4014314, member: 45"]Amazon declined the claim. The seller spouted lies about the damage to the bike and Amazon have fallen for it. We've appealed, but Jorvik have refunded £165 of the £400 and washed their hands.

Fuming.[/QUOTE]

The letter from Emma is unprofessional and full of bullshit and bluster, "After consulting with Amazon, Trading Standards and our Lawyers". What lawyers? They are a partnership with £2 capital! Use the small claims court, it's simple and cheap, you have enough evidence to make a good case and they seem chancers who when it comes to it, may well back down.

 

[classic33]

I'm assuming that you are able to show that it was fit for purpose, if you are then the sale of goods act should cover it. Not always easy when the goods are no longer in your possession. Many shops seem to back down if the customer knows that the item(s) were not fit for purpose.

I'd say it's also their job to prove that you caused the damage that they are claiming.. Have you been in contact with whoever you had return the trike to them and lay a claim in with them. If you chose who to send it back with, your contract lies with them. And its upto them to prove that it wasn't damaged whilst in their hands. I'm also assuming that they will have got a signature for the acceptance of the return, stating that it arrived in good condition. I've written on the electronic ones that the box/package arrived opened/damaged. Never gone down well, but its within the terms and conditions.

They'll also have the actual address to which it was returned to. A residential address I can't see holding too many. Have you got this information from them, confirmation of delivery.

 

[MarkF]

Go for it Paul, I've used this system plenty of times, usually to get folk to stump up money and it's worked every time, just about always before court. That's because I was right and they were wrong, and they knew it. These people have your money and just want you (the problem) to go away

 

[Milkfloat]

It sounds like you have enough evidence to win this. Plus if the vendor arranged collection it is for them to take up with the delivery company. I would try and explain this to an Amazon manager and provide all the information in a easy to follow timeline with photos. If that fails then hit the small claims button.

 

[classic33]

Don't forget to do your review of the seller!

 

[raleighnut]

[QUOTE 4033625, member: 45"]So Jorvik initially refused a refund and said they were sending the bike back to us. They said that the damage that the bike arrived to us with was caused by amateurs trying to assemble it (someone with 30 years' experience of bikes and an aeronautical engineer). They said that the damage caused by their courier during the return of the bike was due to the box having no packing in it. I have a photo of the box before the lid was closed showing the packing in it.

The Amazon A-Z claim was denied. Amazon fell for Jorvik's version of events.

We appealed, and Jorvik were told to refund the full amount.

Jorvik refunded £150, saying that the rest was deducted due to the damage.

We spoke to Amazon again, who told Jorvik to refund the full amount.

Jorvik refunded another £165, the remaining £85 being deducted due to damage they claimed that was caused by amateurs trying to put the bike together and lack of packing on return.

We spoke to Amazon again, who told Jorvik to refund the full amount.

Jorvik replied, refusing on the grounds that.....

We spoke to Amazon again, who have told Jorvik to refund the full amount.

Nearly there.....[/QUOTE]

When it is finally sorted out if your friend does still require a trike I can recommend this one, I've had mine for well over a year and it has been great, nothing has broken and although mine has been modified (by me) the changes were not due to faults with the standard machine but to tailor it to my needs.



Kentex Classic available in either 20" or 24" wheel versions, I paid £414.95 for it delivered unassembled.

 

[classic33]

[QUOTE 4033789, member: 45"]Can you review sellers off of the item review? I'm asking because they take down any ad which has a negative review. The ad we bought from was removed in anticipation a while ago.[/QUOTE]
Seller's review was seperate earlier this year. Pestered for both, but only wanted to leave seller review.
Can't think of much to say about a book. Service was excellent, which I wanted to say.

 

[MarkF]

[QUOTE 4033625, member: 45"]

Jorvik refunded another £165, the remaining £85 being deducted due to damage they claimed that was caused by amateurs trying to put the bike together and lack of packing on return.

We spoke to Amazon again, who told Jorvik to refund the full amount.

Jorvik replied, refusing on the grounds that.....

We spoke to Amazon again, who have told Jorvik to refund the full amount.

Nearly there.....[/QUOTE]

Can't you point them in the direction of this thread and offer to close it for £85?

 

[Arjimlad]

No sensible solicitor would want to take your or their money over a £400 dispute. With hourly rates as they are, and costs irrecoverable for cases under £10,000 (small claims rules) they'd be hugely out of pocket. Suggesting that they will only respond to your solicitor is ludicrous & a District Judge on a small claims hearing would not be amused by this conduct. Whether you'd win or not would depend upon the court's view of the evidence of the condition of the bike on delivery though.

 

[Markymark]

Good result. Don't knacker the next one by putting it together whilst pissed again though eh?