dodgy said:
I've had one of those experiences today that has disappointed me. I bought an exchange gearbox from a very well know VW parts supplier. It was on an exchange basis and a surcharge of £420.00 was required. The surcharge was on the basis that my old gearbox was returned in a rebuildable condition. No other terms and conditions were given. As my old gearbox was fully functioning and just a bit noisy I thought this would be ok. You can imagine my surprise today when I chased the supplier having not had my refund one and a half weeks after returning the old gearbox only to find I would only be getting £240.00 back not £420 as expected. I was a little disappointed to say the least. The reason given was that the crown wheel was damaged and this makes the gearbox unusable.
My questions are, has anyone else had the same experience and am I being unreasonable to expect all of my deposit back? After all what is the sense in exchanging a gearbox which has nothing wrong with it and why was this not explained to me ?
Your opinions are very welcome even if you think I am being unreasonable.
Thanks
Hey,
This is laughable, and absurd to put it mildly.The good news is that you're entitled to a full cash refund

, no if's or but's.
This is the reason:
1. The whole basis of exchanging a gearbox is that your old one is not working properly! If it was in a workable state, they you'd have no need to exchange it.
2. The conditions set by the seller is that your old gear box is re-buildable condition. Are they seriously saying that the gearbox is not re-buildable? If so Why are they not keeping all of your £420?
3. It's ridiculous to expect a gearbox to be in perfect working order, which seems to be the suggestion as it was working before you exchanged it.
4. They set the terms, they must follow them. The company is obliged to give you your full £420 back.
My advice is to send a letter to them outlining this, and if they do not pay you your full amount back, send them a letter before action and sue them in the county court (It costs £60).
I always record telephone conversations when entering in to any contract by phone, especially when the goods are of a high value. This may seem a bit extreme verging on paranoia, but what your told will then form an implied term of any contract, or if your told something false it will be misrepresentation under the Common Law and the Misrepresentation Act 1967, (which are grounds for rescinding any contract - that is bringing it to an end by yourself without any financial or other penalties).
Simply put your phone on loud speaker and use your mobile to record the conversation. If you have to recall the conversation two weeks or two months later, without a recording, you'll be chasing rainbows . Companies routinely record conversations with buyers, so why not follow suite?
Before you call them prepare a time chronology of events,outlining what you said and what they said, and then tell them what you want.

Also get them to respond in an e-mail too, but use the telephone approach first.
If they give you and nonsense, let me know, I'll send you a letter before action and a few other things that will help focus their thoughts.
LV :msn4: