Consumer Advice

Man of Honour
Joined
17 Nov 2003
Posts
36,743
Location
Southampton, UK
About an month ago I needed a new gearbox for my Volvo S40. I looked online and found a site that sent your requirements to various breakers and then they'd phone you their quotes.

I got a reasonable quote for the gearbox from a company called Universal Spare based in Liverpool. They said it was straight of a 1996 S40 which had done 36K miles. It was amazing low milage so I thought great!

I wanted it to be delivered before the easter bank holiday and they said that it wouldn't be a problem. A week after the the bank holiday it finally arrived :rolleyes:

I spent two days fitting it and I noticed it had new bolts so had obviously been reconditioned. After I fitted it it came to the testdrive. The was however a problem. Only one gear could be engaged and it seemed like it was 5th and Neutral wasn't neutral. It was reverse!

I couldn't be bothered to fit another gearbox so I sent it into a garage and they aquired another gearbox and fitted it. £600 later and I'm left with a gearbox that's obviously faulty and needs to be returned for a full refund.

I phoned them up on the day that I discovered the fault and they said I would have to ring back (it was a Saturday)

I've phoned them so many times and it seems hard for them to do anything. At one point they asked me "Why didn't you let us send you another gearbox?" I said "Becuase you deliver stuff a week later and to be honest I didn't want the hassle".

I've arranged for the gearbox to be collected twice. Both times they didn't show. I'm going to give them one more chance to pick it up.

I've also found some disturbing reviews of the company online and people's difficulties getting refunds.

I know that under the Sale of Goods Act I'm entitled to a full refund as the Box was faulty and I don't need to pay delivery costs as per the Distance Selling Regulations.

What shall I do if they keep fobbing me off? Can I get the box delivered to them by a courier who will want payment on delivery?

Any advice?

Burnsy
 
Soldato
Joined
12 Aug 2004
Posts
6,105
Go to their garage/shop and have a good go at them and threaten them with court if they dont give you a refund. With a bit of luck that will work!
 
Man of Honour
OP
Joined
17 Nov 2003
Posts
36,743
Location
Southampton, UK
I'm just writing a letter of complaint, does this sound ok?

Wednesday, 24 May 2006

Dear Sir or Madam,

RE: Sale of Goods Act 1979 (as amended)

Reference: #####

On 10th April 2006, I ordered a Second-hand Volvo S40 gearbox from you for £264.38 Inc VAT. You ensured me that the gearbox would be delivered before the Easter bank holiday. After several delays I received the gearbox on the 20th of April, about a week after your delivery date. I discovered that the gearbox was faulty on the following Saturday and notified you on that day by phone.

The gearbox has obviously been reconditioned as it has new bolts throughout and it is my firm belief that during the reconditioning a shaft has been put in incorrectly. The symptoms are:

1. On connecting the control rod, only 5th gear can be selected.
2. When the gear stick is thought to be in neutral, it is in fact in a reverse gear.


I was told that a refund could not be issued until the gearbox had been collected and inspected.

I have arranged collection for the gearbox on three occasions from the 8th of May to the 22nd of May. On all of the occasions you have failed to collect the item.

I wish to reject the goods and claim a refund as per the Sale of Goods Act.

Please respond to my complaint within 7 days.

Yours faithfully,


Mr C Burns

Burnsy
 
Last edited:
Soldato
Joined
12 Aug 2004
Posts
6,105
Sounds good, you can also threaten a small claims court in your initial letter, but that may be better if they dont reply within 7 days.
 
Man of Honour
OP
Joined
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Posts
36,743
Location
Southampton, UK
Isotope said:
Sounds good, you can also threaten a small claims court in your initial letter, but that may be better if they dont reply within 7 days.

I've been adapting the template letters from the Consumer Direct website, this letter will be followed up with the threat of court action.

ConsumerDirect.gov.uk said:
Dear Sir/Madam,

I wrote to you on 21st November. I enclose a copy of that letter. I have not yet had a response.

I have given you reasonable opportunity to resolve my complaint. You have failed to do so.

Unless I hear from you within 7 days I will have to take court action. The costs of this action will be added to my claim.



Yours faithfully,

Burnsy
 
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