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My diff at lincomb

Chris Green90

Well-Known Member
Joined
Feb 28, 2011
Messages
1,364
Garage
Country Flag
england
Right chaps. Is there any chance that anyone who assisted or witnessed of saw for a moment either the condition of my diff or the new one that was sent to me dropping me a quick letter via email. The more the better. The company I got it from is now claiming that the diff I returned is not the one that they sent out. any pics anyone may have taken of the condition of either mine or theirs would be helpful.

Thanks guys for any help, all gratefully received. My email address is [email protected]

Thanks
Chris
 
Oh fer fncks sake... :icon-cry: I got nothing dude; I was covered in oil too...

Name & shame these muppets after the event man - hope you get sorted...
 
Sorry to hear about your troubles Chris - I'm sure there were some pics on the Lincomb thread of you guys in the barn with your diffs out.........

Seriously though - that's just not cricket. Give them a chance to sort you out and if not, you'll need to name and shame them! :icon-evil:
 
In the chaps defence you get people trying it on etc.

Obviously this isn't the case.

If I were you I'd send them an email saying you give them 24hours to refund you your money. If after 24 hours you haven't got your money tell them that you will be Intouch with trading standards and you will take them to small claims court. At that point you need evidence from everyone.

Your not the type of guy to be played. Just send email tomoz at 9.am and give them until 9 am Tuesday with us having the weekend.
 
Chris tell them the whole story from the moment you broke down is recorded online on an open forum with millions of users , whats more your were on the way to a meeting hosted by forum members when the breakdown occurred and the diff was replaced at the meeting in front of a large audience , many of whom took pictures and video which they later posted on the forum . Your entire weekend was ruined because you were sent the wrong part which resulted in numerous messages of commiseration and sympathy again posted on an open forum .
 
Shayne.

You are right in what your saying. But, that can be used in the court of law as its the truth.

The people he is dealing with are obviously bent. I'd do as I said. It has been long enough since they sent the wrong diff out. In my mind I'd do as said. They have had chance to make it right.
 
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Thanks for all the help guys. Karl I have been very patient with them and made all the right noises in regards to threats of court action. I sent an email on the 24 stating clearly that they had until 5pm today to resolve. I will go into the full details of what has gone on so far later tonight but suffice to say that at this point I am currently writing the necessary "Letter before Claim" giving them 14 days to acknowledge receipt then a further 14 days to act. I will also be in touch with trading standards for them to investigate.
 
Sounds good Chris.

They obviously aren't interested in playing ball. At least you had already got the ball rolling. I thought it had taken until now to start to sort it out. You ain't daft :icon-wink:
 
Unfortunately trading standards are a complete farcical waste of space and ALL traders know it . If your thinking of going down that route instead pay a lawyer £50 to write a letter informing them of his hourly rate , which they will be liable to pay , if refund or replacement has not been offered within 7 days . Everybody knows when lawyers get involved only the lawyers profit .
 
Trading standards seemed to sort out Chequred Flag Shane.

The owners were locked up. Don't know how long the whole thing took though.
 
Yeah a mammoth case involving thousands of people and millions of pages of evidence and it only took them 10 years . Watch that Cowboy Builders on TV it doesn't matter what the dodgy traders do or how much money is involved , trading standards comment is "we will certainly give this a serious looking at" often the credits that follow state "no action was taken against blah blah builders"
 
Yeah a mammoth case involving thousands of people and millions of pages of evidence and it only took them 10 years . Watch that Cowboy Builders on TV it doesn't matter what the dodgy traders do or how much money is involved , trading standards comment is "we will certainly give this a serious looking at" often the credits that follow state "no action was taken against blah blah builders"


You have a point...:
 
Unfortunately trading standards are a complete farcical waste of space and ALL traders know it .

Once again you're spouting nonsense Shayne. Trading standards always give fair and impartial advice, and in genuine cases of fraud or misselling bring the full weight of the law, which is never a quick process.
 
I fought the government through court for 10 years and eventually won without the help of lawyers so i'm often asked by friends and family to help with problems similar to those Chris has . In my personal experience trading standards has no interest in individual cases . If enough people bring individual and unrelated complaints about the same trader perhaps something will be done ..... perhaps .

I should add though that i have always felt the people who work for trading standards truly do want to help but i have to assume they simply don't have the resources .

If you want help with legal questions or trading regulations or anything along those lines Chris go to the consumer action group forum there is a wealth of knowledge on there and some uncanny investigators .
 
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This has gone way way way off topic but I must be honest Shayne that your attitude towards this really bugs me. It is the people that don't make a noise and complain to trading standards that cause the problem. Without following through on threats of their involvement they can do nothing. I must ask is there anything you don't have an opinion on. Earlier today you were pointing another user on here in the direction of trading standards. If you don't have experience or knowledge of a situation or problem then please leave it to people who do rather than commenting speculation, You have enough posts now for newcomers to think that you have a clue what you are on about and there have been several post where in my opinion your advice has been quite frankly dangerous.

Builders are a completely different story as they do not provide a "product" as such hence if work has been carried out customers rarely have a leg to stand on. in that case it is the law that limits trading standards.

I do not want to fall out over this just be careful about the advice you band about.

Now back to the point

I have given Scum Spares of Wigan (anyone buying parts from wigan in the near future let me know and I will tell you their name) every opportunity to settle this amicable to no avail.

On the Monday after Lincomb I call them several times to try and sort the issue, I was met with promises of call back that never happened, this continued until the 11th when I finally got through the the owner. We agreed that in order to come to a speedy resolution I would return the unit in person in 3 hours time on the understanding that a money transfer be done the same day. So i returned the item and had a document signed and dated to say that it had been received in good condition etc. 5pm came and went with no funds. After 15 calls the following day I was told that the boss had made the payment that day via BACS. After waiting until the 18th and still recieving no payment the calls started again probably 10 or so answered calls a day (probably another 20+ unanswered) with the same result, either, I'll call you back at x or he's gone to the bank to do it ring his mobile. only once did I recieve a returned call.

On tuesday I was again told that the money had been sent via BACS transfer but my patience was starting to wain so I followed the calls up with a strongly worded email

Dear Ms XXXXXX.

I have been attempting to contact your company since the 9th of September in regards to the “Toyota Land Cruiser Colorado Front Differential” that I ordered from you on the 6th of September. After finally managing to contact you I arranged to return the unit in person on the 11th of September to ensure as smooth a transaction as possible and you promised me faithfully that the funds would be transferred the same day.

This was not the case. I arrived with the unit and left it at you premises with an employee and obtained from him a signed receipt to say it was in good order. The funds however were not transferred. I was informed the following day (12th September) that you had made the transfer via BACS Payment.

After waiting the appropriate length of time (4 working days) the funds had still not been received into the account that you had details for. So, once again I attempted to make contact. After many, many telephone calls and having only been called back once after many promises to do so I was informed today again that a BACS transfer had been made.

Unfortunately I cannot believe this as the woman in the office had told me on several occasions that the transfer had been made. Furthermore she said that she had spoken to John at 15:15 on the 23rd September and that was when he told her that He had transferred the funds. However when I spoke to him at 15:49 he said that only yourself could authorise the transfer and that he was going to see you that night and would be in touch with what was happening. Once again I received no return call.

I have tried on countless occasions to contact you and your organisation with regards to this matter to no avail. I have made dozens of telephone calls to both the landline and mobile numbers provided on you ebay account only to be fobbed off with false promises and in some instances having the phone put down on me. I have provided proof that the moneys have not been returned and need a resolution to this situation as soon as possible.

I understand that your mother has been unwell, however you still have a business to run, as do I. with my vehicle being off the road due to the fact that your company knowingly sent out the wrong parts has cost me over £2000 in lost business.

There is also the matter of the return cost to me. I returned the item personally on the understanding that it would mean a speedy transaction this has not been the case and therefore I wasted £40 returning the item.

Then there is the fact that due to you sending the incorrect part I had to have my vehicle recovered in excess of 170 miles home at a cost of over £250.

As of this point I am happy to overlook all of these issues on the understanding that the funds are transferred (not via BACS unless you can provide proof that the payment has been made) into the TSB Account Number xxxxxxxx Sort Code xxxxxxxxx on or before 5pm on Thursday 26th September.

If I have heard nothing from you before that time then this correspondence will be sent to your business address via recorded delivery giving you a further 48 hours to respond.

Failure to do so will result in me consulting with my solicitor in regards to taking you to court for the full amount, loss of earnings, cost of returning the item and the cost of being recovered home. I will also be forwarding you the bill for this consultation.

Once again I do understand that your mother has been unwell and I wish her all the best.

I look forward to hearing from yourself or one of your colleagues with regards to closing this matter as amicably as possible.
Yours
C.Blake

So after a call I made to them this morning the guy asked if I was still looking for a diff. I told him that I had sourced one from a friend and needed my refund to pay for it. He said to give him a call after 2.

Called at 2:15 he said not sorted yet and that he would give me a call in the next half hour. No return call so called again at 3:15.

The situation got quite ugly here but I prided myself on not resorting to the profaine.

the conversation went along the lines of he would have to go and check to make sure the unit was all OK before he could give me a refund.
I informed him that he had had it for 2 weeks and had apparently OK'd a BACS transfer twice.
again he said he needed to check it our.
I said fine I'll hear from you in the next 10 mins then.
he said no it would take longer than that.
I said I'LL RING YOU BACK IN 10 MINS
he said I wont be able to give you an answer i'm in the office. (having been there the office is 10 yrds from the "stripping shed")
I said fine, I'll just keep ringing your landline and mobile until you give me an answer.
bang phone down.

Shocker 5 mins late I gets a call back
me:hello
Him: Your a F&%cking con man, this aint the diff we sent you you beep beeep beeeeeep
me: erm yes it is, your guy signed for it
Him: no your a con artist
me: fine you'll be hearing from my solicitor and trading standards
Him: fine you'll be hearing from mine for wasting my time and trying to f**k me over
me: ok bye

Now if that is the case surely he cannot sell the unit he has until this is resolved because he is saying that it is mine should that be added to the letter of intent of court action???

Quite a sorry state of affairs really but hey ho we muddle through
 
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Think i'd be inclined to remove your bank details in the email, this is an open forum for all & sundry to see, not being funny just pointing the fact out.
 
Think i'd be inclined to remove your bank details in the email, this is an open forum for all & sundry to see, not being funny just pointing the fact out.

Cheers mate. Forgot it was in there

Sent from my GT-I9300 using Tapatalk 2
 
Hi Chris, this is a sorry state, but if you're serious about solicited legal action, then I'm sure you have a good case.

On that note, it seems that the case may revolve around the identification of the unit. Are you aware of the means by which he maintains it's not the same unit? Obviously not from his phone call! Presumably it would have a serial no or some such stamped on it that should match the purchase documents.

For car parts, that may not be the case, an oily hand written invoice with "land cruiser diff" wrItten on it may be all you have. He's the one counter claiming fraud against you, so the burden of proof of that claim is on him. Your claim against him, however, sounds to be admitted, have they admitted in writing that they supplied you with the wrong part?

All things to consider, but a good solicitor will guide you correctly.

Wish you luck with this one, it's an atrocious way for him to run a supply business.
 
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