Damaged Hardtop HELP!!

uktotty · October 3, 2007, 11:37

Guys I have purchased a hard top with the description

MR2 BLUE HARD TOP ROOF. HARDLY USED, BEEN IN STORAGE FOR 2 MONTHS. IN EXCELLENT CONDITION, NO SCRATCHES OR MARKS. HAS SOCKET FOR HEATED REAR WINDOW. QUICK SALE WANTED WOULD BE AN EXCELLENT BUY, ESPECIALLY BEFORE WINTER! ADDS VALUE TO YOUR CAR AS WELL!!

It has arrived today and it VERY badly wrapped, 2 sheets of bubble wrap and 12" of gaffer tape, we could see the damage through the bad packing and have REFUSED the delivery.
Where do I stand?
What do I do?
Am I better to refuse and claim on Paypal or accept and ask for a reduction for the damage???

HELP!!!

celmacmat · October 3, 2007, 11:39

Hi Russ,

Do you know if insurance was offered by guy if you pay via paypal?

uktotty · October 3, 2007, 11:43

Celine
As far as I know there was no insurance on the item and my experience of Paypal is that if it didnt arrive they will refund, if it arrives damged, parts missing etc they wont, this was the primary reason why I refused delivery. Not sure if I am covered as delivery was attempted.

mr2jw · October 3, 2007, 11:47

see what the sellers says first. did you buy it via ebay ?
if you did then use their contact seller mail at least they will have a copy too, not sure if this helps the claim.

uktotty · October 3, 2007, 11:54

Yeah it was an ebay purchase so I have contacted her and will await feedback.
What do I do if she gets arsey? She has my money AND my hardtop?

mr2jw · October 3, 2007, 11:59

you can still claim via paypal. after 7 days you can start an item not recieved or not as expected dispute. fairly straight forward.

read up on it now at paypal so you understand the process.

philster_d · October 3, 2007, 12:25

yeah damaged or significantly different from description (up to their limit)

Chris_h · October 3, 2007, 12:42

Who has liability in transit? (assuming that is when damage occured)

I am assuming there is no courier insurance?

uktotty · October 3, 2007, 13:02

Quote from: "philster_d"yeah damaged or significantly different from description (up to their limit)

Phil I am not sure if this is the case I have tried to claim before and Paypal say if it HAS arrived then any damage/difference is a matter between you and the seller.

Liz · October 3, 2007, 13:04

How about the card which was used on the paypal account would they cover you?

What was the description of it/pictures on ebay like, did they show it perfect.

uktotty · October 3, 2007, 13:06

Unfortunately it was direct from Paypal funding so no credit card and associated insurance Liz

celmacmat · October 3, 2007, 13:06

Quote from: "uktotty"Celine
As far as I know there was no insurance on the item and my experience of Paypal is that if it didnt arrive they will refund, if it arrives damged, parts missing etc they wont, this was the primary reason why I refused delivery. Not sure if I am covered as delivery was attempted.

I see, i thought it was covering damaged goods as well.

Chris_h · October 3, 2007, 13:10

There are 2 issues

1) Was it sent in a damaged state
2) Did it get damaged in transit

Both seller and haulier will no doubt deny responsibility which seems to leave you in a narrow waterway sans means of propulsion.

I dont think it is a paypal issue.

Where is the hardtop now? - maybe your best hope is they return to sender and the seller is of decent character and accepts the damage and refunds you. Either way, have you made contact with the seller yet?

SteveJ · October 3, 2007, 13:14

Did you get pictures of the inadequate packaging and the apparent damage? Could be useful in the event of a dispute.

uktotty · October 3, 2007, 13:15

1) Was it sent in a damaged state (unlikely but badly packaged)
2) Did it get damaged in transit (possibly, due to bad packaging)

Both seller and haulier will no doubt deny responsibility which seems to leave you in a narrow waterway sans means of propulsion.

I dont think it is a paypal issue.

Where is the hardtop now? - (on its way back to the sender as we refused it)maybe your best hope is they return to sender and the seller is of decent character and accepts the damage and refunds you. Either way, have you made contact with the seller yet? (have emailed but no reply yet)

uktotty · October 3, 2007, 13:16

Quote from: "SteveJ"Did you get pictures of the inadequate packaging and the apparent damage? Could be useful in the event of a dispute.

Got 2 pics before Mrs Totty's camera died

northernalex · October 3, 2007, 15:51

Id contact the seller asking for a refund, threaten to use paypal to get your money back off them..

Start a dispute on paypal at which point the sellers money will be held until the dispute has been finalised. This money being held will scare the seller and give you a better position for discussion.

Failing a resolution. You can ask ebay for the sellers home address and phone number. Simply point out that you wouldnt mind driving down and having a word face to face about the problem. I've found out that this often shocks a seller into paying up.

Good luck..

Alex

Anonymous · October 3, 2007, 18:44

If the seller isn't reasonable about this then you should start a dispute with eBay and PayPal. The quicker you start this with PayPal the better as it freezes payment if its still being processed. I did think that all PayPal purchases were covered up to £500 as a matter of course if not as advertised !?
Anyway, I had a similar problem with a guitar and I ended up threatening them with small claims court. Took 2 months but did get my money back. If the seller doesn't play the white man theres no quick fixes unfortunately.
I would have been tempted to go and pick it up, after all you could have put it on your car to bring it back, (wouldn't fit behind the seats) !

cdrskull · October 3, 2007, 21:08

ok been here done this..

Just log into paypal and goto the resolution centre. Open a new case with the transaction ID (just search for this) The message you type is sent to the person you bought it off, just put something like. Really sorry I didnt accept the delivery of the item but it was damaged.. please could you refund all my money including postage. If payment isnt refunded in full I will then need to raise this claim to paypal. thanks etc..

If they respond in a way that says.. your not getting ALL your money back, just raise it to paypal, then they will look at your case. 10 times out of 10 they always refund all your money. Its not your fault this guy cant package it up right..

Done this a few times so dont worry but it will take a couple of weeks to get ALL your money back.. dont settle for anything less m8

Steve

Anonymous · October 4, 2007, 09:11

As above, it happened to me .

uktotty · October 4, 2007, 12:15

Right guys thanks for your support on this.
I am going to raise an issue with Paypal now as I can always cancel it or amend it in the future.
She hasnt got back to me from my message yesterday so I think its the best thing to do.

Liz · October 12, 2007, 12:09

What happened on this - I have seen a damaged hard top for sale on ebay - is it this one?

uktotty · October 12, 2007, 14:35

Right, she has offered me a full refund including the postage.
But she needs to verify her bank account first.

The damaged blue one on ebay is my next option as if I can get it for £200 I could repair it to a better standard? Maybe??? this however is not the same roof.

Liz · October 12, 2007, 14:48

Thanks for that - its nice to have an update on these things - so often they get left with no end to the story.