Consequential Loss

[FRAN1952]

I bought a bed base , online , from an Ebay shop. There turned out to be multiple faults with the hydraulics and the whole thing was generally unfit for purpose. The manufacturer took it back claiming that it was not faulty.I have filmed trying to close the top of the bed, an ottoman type, which was impossible and in fact the wood started to crack with the pressure.
I had to pay £80 transport to return it. they do state that if goods are returned that the buyer pays, however this was faulty and very costly Any ideas anyone?

[woofgang]

open a case with ebay.

[Retrochic]

You should have made a claim through Ebay and they would have advised you to return the goods and they would have refunded your shipping costs and deducted it from the seller. You could still try and pursue them through Ebay go to the Resolution centre and follow instructions for returning goods -though I think its too late now you have sent it back yourself.

[FRAN1952]

Hi I actually opened the case with Paypal as when I received the bed the dept had gone home! sunday night. I was panicking as the seller was very unhelpful, on the phone and I finally got the refund thru Paypal but , as I say there is also the extra I had to pay to transport it back to them. Paypal say that they cannot do anything else. I will try Ebay but I think they normally don't want to know once a case has been s ettled ,even tho' it isn't

[gingejbee]

You pay to return goods if, say, you change your mind.....you DO NOT pay to return goods which are faulty....which is why they are claiming it was perfect....so you pay. Open a case, as above.

[gingejbee]

These are the new regulations that apply...scroll down to "returning faulty goods"...

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

[Buenchico]

You've got two (entirely separate) sets of legal rights:

The Consumer Contracts Regulations allow you to return goods that you've ordered online for a full refund. (There are a few exceptions but they're not relevant here). However the seller can insist that you pay the carriage costs when you return goods under those Regulations.

However, in respect of faulty goods, you're also covered by the Sale of Goods Act (for purchases made prior to 1 October this year) or the Consumer Rights Act (for purchases from 1 October onwards). Returning faulty goods under the relevant Act should not leave you out of pocket, therefore the trader must pay the carriage costs.

Contact the supplier (preferably by post, using Royal Mail's 'Signed For' service) to demand compensation for the carriage cost you've incurred. Make it clear that you're claiming under the Sale of Goods Act (or Consumer Rights Act, as appropriate), and not under the Consumer Contracts Regulations. State that, if you do not receive your money, legal action will follow.

If you still don't get compensation for your loss, claim online here:
https://www.moneyclaim.gov.uk/web/mcol/welcome

[murraymints]

CHRIS ..YOU ARE A STAR ! xx