Have I been conned. Bought outside of eBay

[timwilky]

Ok, I needed some garden/driveway gates and looked on ebay.

There was a guy advertising who would custom fabricate. I contacted with dimensions and he quoted a very good price. We agreed and I paid him with delivey in 1 week. Well after 2 there was no sign.

So I phoned him and it was always a premium rate number with his mailbox full. Eventually he did answer and promised to get back to me. 5 mins later he did on his own number, so now at least I have that.


I have now talked to him twice. He has given me the consignment number that it was shipped out on 2 weeks ago. Nightfrieght appear to have "lost them". 7'3" of 4' high gates how the hell do you loose them.

The problem is I cannot access the nightfrieght tracking system as I am not their customer. The supplier hardly ever answers his phone. I googled the real number and know it to belong to an established fabrication company in the Wolverhapton area. I must have made 30 calls yesterday and about 6 so far today. I know that his voicemail cuts in afer 6 rings, so now I let it ring 5 times and end the call. I am even withholding my number now.


I know if I have lost my cash it is only £85, and not 100s. But I have the company name/address etc. I am so tempted to drive down there.

I wouldn't drive down there tbh.

Nightfrieght do have the consignment you were told your order was on. They claim to of "lost" your gates. Your beef is with NightFreight, not the guy that made the gates. He's done his bit.

Data Protection Act is both your friend & your enemy in this case. It's your enemy because NightFreight simply refuse to talk to you, because as you said, you're not their customer. You didn't place the order.

However, I assume your gates were being delivered to you? Therefore, there's an element of your personal data on that consignment. Whilst they can't say where the consignment was supposed to be delivered to, they can shoot themselves in the foot

First thing, call NightFrieght, with a "Hi I understand your hands are tied, but I think I have a problem with a manufacturer. Can you please confirm if consignment xyz was ever supposed to go to my address? I think I'm being fobbed off by the manufacturer, my address is...." Human nature of the person you speak to on the phone, will mean that they'll give an honest yes/no.

If they answer yes, then you can say that the manufacturer/retailer has said that NightFrieght have lost the stuff you ordered. Quite a serious alegation. If NightFrieght have insurance, then this will pay for you some new gates. If they don't, well, nothing short of legal action will get your money back.

How much does this £85 mean to you? It's the easiest thing in the world for any of us to tell you to chase this matter or not. IMO there has to be a balance between what SHOULD happen, and what's easiest to do. All depends where you draw the line.

Originally Posted by timwilky

I am so tempted to drive down there.

Don't bother, you wont be able to get in. They'll have gates up.

(sorry, couldn't resist)

Under the distance selling regulations you should be entitled to your money back. How did you pay him? If you used your credit card, then you should contact your card company.

[timwilky]

I actually paid them through paypal. I have just talked with nightfrieght and they do not recognise the consignment number

Originally Posted by Baph

Nightfrieght do have the consignment you were told your order was on. They claim to of "lost" your gates. Your beef is with NightFreight, not the guy that made the gates.

Actually, if you paid the manufacturer, and he commissioned the delivery service, your gripe is with the company you paid. It's his responsibility to make sure his chosen delivery service actually do what he promised you... Deliver your gates.

However, going down there won't achieve much, as he'll just say that "they're in the post" (or similar). What may work is a letter stating that you intend to pursue this legally in which case I think Ed is the best guy for this one.

.

Originally Posted by timwilky

I actually paid them through paypal. I have just talked with nightfrieght and they do not recognise the consignment number

In that case just contact Paypal and they will claim the charges back for you, Paypal is a great service if you are a buyer but rubbish if you are selling items.

Hi
if you dont mind me asking who is the firm who are building you gates?
stew

Hi
sorry didnt mean to be nosey, just that I tried to order some gates from from a firm called Cannock gates but they wouldnt respond to emails return calls so I jibbed them before placing an order.
Anyway good luck

i live not to far from cannock gates its a big company with a good reputation so you shouldnt have many problems, wheres this company in wolverhampton Tim? i could have a word with them for you if you think it might help.