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Should I cut my losses, or take it all the way legally?

Discussion in 'The Pub' started by pringa8, Sep 22, 2008.

  1. Seeking opinions here on what you guys would do in the same situation.

    Bought some wheels through a forum, the wheels haven't turned up, this matter has been going on for over 2 months now. Was in some contact with the bloke, he kept saying he was chasing it up. Lately he wasn't responding to emails or texts. Sent an email today demanding I either get my wheels or have my cash returned by the end of the week otherwise I'd take legal action and notify his employer (I have his work email address and bank account, mobile but not physical address).

    Not suprisingly he's answered the email straight away. He's sent the email from the shipping company confirming that they've been lost but the bloke sending didn't take out insurance and the shipping company is basically saying sorry cant help but we're looking into it. He's saying he's not fully responsible as he didn't lose them and I didn't ask for insurance on the shipping.

    The bloke has said that he's willing to give back $500 of the amount, leaving me out pocket $400.

    What would you guys do, would you cut your losses or would you take it further? My only concern is that a third party is involved who are the people that lost it, and they're trying to keep right away from it.
  2. Where is the guy located? must be far since your using shipping?

    On what terms did you buy the wheels?

    900 + shipping

    900 incl shipping?

    If you paid shipping you should also cover the insurance cost or risk it, if he offered to ship them he should have paid insurance or taken the risk.
  3. Simple. Go and punch fcuk outta him :evil:

    Don't cut your losses mate, you won't have much joy legally as it will cost you more than it's worth but if it was me I'd be paying him a visit with a few mates. You know where he works so go and embarrass him in front of his workmates. It's funny how quickly problems get rectified when someone is made to look like an ass.
  4. Don't make empty threats; notify his employer, on solicitor's letterhead.
  5. A shipping company loses something a guy sent in good faith - and you want to beat him up. Helpful. :roll:

    Chase the shipping company, they're the ones at fault. The other guy did everything that could be expected of him.
  6. GS, not quite clear on what his employer has to do with anything and their relevance to the story.

    If he's acting as a broker for goods, then surely he his responsible for the lost items. Who did you give money to? If you gave it to him, wouldn't your contract be with him and not with the shipping agent? And if he got something from OS, could you not have just gone straight to the source?

    Lastly, did he offer you shipping insurance?
  7. 1. Turn your fkn sense of humour back on. Violence solves nothing.

    2. You don't think it's odd that the guy doesn't respond for 2 months and then only does when the OP threatens him legally? Sounds very suss to me.

    Maybe it's the shipping companies fault for losing it but the buck stops with the guy the OP was dealing with. He was the one organising the deal. If you ordered a part from Race Replica and it was lost in transit being shipped from Japan, you'd chase RR wouldn't you?


    Spot on CJ
  8. Have you checked that the shipping company from which the email was sent actually exists?
  9. Don't do anything at all until contacting your local trade practise / consumer protection / consumer rights office. 15yrs mass merchant retail experience and a further 10 in trade / industrial retail assures me you have more rights of recourse in there before you wind up anywhere near a solicitors office.

    The first point of call is at the retailer, and how he procures goods on your behalf and his failure to advise you of any risks involved in said procurement. Just because you don't know how big a boat is doesn't mean he doesn't have a duty to tell you goods need insurance too. The internet makes trade laws slippery and it's been far too long since i read their far reaching implications, but local trade is governed in an entirely specific manner via the trade practises act.

    You've got rights, seek and utilise. All a solicitor will do (initially) is charge you for stuff you could have done yourself. Good luck mate ;)
  10. Cut your losses dude. Buying from OS is risky because of shite like this. The guy is doing his best to make good and meet you half way. if he's legit, he doesn't even have to do that much.
    It sux balls, but i think you have to suck it up. If he's a long term member of the site, check back through his posts ala MG, and see if you turn up anything sus.

    And shipping insurance is for when it's damaged, destroyed or stolen, not for when it's lost. They need to keep looking or cough up.

    edit: hehe, oh boy i just read that back after i posted.
    I really meant it as being two options.
  11. I reckon people who work for shipping companies must have absolute shed fulls of other people's gear.

    It's like they know that there's really nothing anybody can do if they say they lost it, so they just take whatever fancies them.

    I've heard so many stories about people who've lost gear 'in transit'. It's not that hard, surely. It's got a friggen address and a barcode to keep track of it.

    Dishonest fuggers. May they rot in hell.

    Disclaimer: I'm not saying all transport/shipping company employees are dishonest. But there are a lot of them out there and too many incidents with items of value for my liking. I mean it's not like a set of wheels can just be misplaced.
  12. I assume the guy is selling wheels from his car/bike or whatever. Just rock up to the work location, spot the appropriate car, and nick them.

    Sorted ;)
  13. It's from OS dude, otherwise Doug's punch up post would of had legs :wink:
  14. Nah, its just a forum stem from Sydney somewhere, only have his work email address and phone number. I mentioned telling his work cause he hadn't answered the last few times I contacted him so it was more of a f*cken get back to me now, sick of waiting for this shit.

    It all seems legit, it seems both of us are getting fvcked by this company, and most people would have said fook it, you're problem now mate, I didn't lose em, the freight guys did.

    Fvck knows how you lose 4 wheels and tyres. They were nice wheels though so yeah, probably in some pr!cks shed. Surely you shouldn't have to take out insurance just in case the fvcks dont do their job and lose your sh!t. And no, they bloke didn't offer insurance.
  15. I send things via couriers and post everyday, I've only ever lost 1 package, unfortunately that company didnt even offer insurance as an option, we're now with someone else...

    First things first:
    1. Get the couriers name and consignment note for tracking purposes.
    2. Call them yourself and ask what is being done about it and where they can last place the item.
  16. Oh sorry, i missed that the first time. Alcohol haze :oops:
    If the shipping company is local then you stand a much better chance.
    I've lost a few things in my time, but four rims and tyres takes the cake. It's not like they fell down the back of the couch.

    Good luck with it.
  17. Booga is spot on.

    Get a copy of the con. note from the seller. If the seller cannot produce one, how can you trust that he sent the items?

    Then ask the shipping co. where the goods are that relate to said con. note.

    Most shippers will just pay you out to avoid the bad publicity if you can provide a con. note.

    Good luck
  18. Provided the Con note can be produced and if he didn't state that shipping was included, I'd say it's your problem not the sellers.

    You buy something, it's up to you how it gets home.
  19. It's amazing what people can do when they receive anything on solicitors letterhead!

    The worst part is - if the email from the shipping company is genuine he's out of pocket too.
  20. he may be genuine. if you now have his attention then turn to working with said person to 'find' them. if its a scam he will drop the ball pretty quick when you are his 'mate' failing this set him on fire