Missing tarp!!!

[jacko1066]

Hi guys,

I am after a bit of the BCUK collective.

First, a bit of background to the problem.

A while ago I decided to have my tarp modded by a company, I wont name them for now as I am not sure how I want to proceed from here, but thats where my problems started.

I was meant to be taking my modded tarp to Estonia, but 4 weeks wasnt enough time to do the work, and he sent it out a day before I was due to leave, it didnt arrive in time!!! Thankfully Paul lent me a nice shelter to use!!

The tarp arrived whilst I was away, a couple of weeks after my return I used the tarp at a North wood meet where I discovered the doors he had put on were no good for anything!!!

I couldnt close my tarp off and that was the reason I wanted it done, and he was fully aware of that.

So after some communications with the chap, he was happy to take it back and put on bigger doors, by this time I was already down £20 postage after having to send it off twice (which he didnt offer to refund by the way).

So I waited a while, 2 weeks went by and I contacted him to see what was happening, he informed he was abroad camping and that it was his first job on his return.

Two more weeks go by and he still hasnt done it.

Forward on 3 more weeks and finally he informs me he has sent the tarp out first class delivery via Royal Mail.

Again another week goes by, no tarp, contacted the company and he says its obviously still at the depot and it will be returned to him this week.

Another week goes past, which leads me up to today, and finally we admitted defeat that the tarp has been lost.

So hoping he would do the right thing and replace the tarp after asking him how we proceed from here, I get this response, quoted from the email - I will put in the postage claim for you mate, I will get what I can mate, although its not always market value... I will drop the forms in tomorrow.

Now to me this sounds like he is passing the buck, there is no mention of replacing the item that was lost in his care.

I really dont no what, or how to approach it from here.

I really dont want to fall out with the guy as he is genuinely nice, and I hope to buy from him in the future, however, its now the end of July and I have not been able to get out all summer because he has had my tarp for 10 WEEKS to fix a problem he created, so in that sense I am very angry, and also disappointed that he hasnt immediately offered to replace it.

I am about £85 into this tarp with buying and paying for the mods, and also the dreaded postage, all for a 3 x 3 dd tarp.

So guys, what do I do? what would the BCUK collective do??

Thanks in advance

Steve

 

[mountainm]

If the guy makes or sells tarps I'd ask for a suitable replacement or a refund on the alteration and the cost of a new dd. Its up to him to ensure the product reaches you safely.

 

[copper_head]

Sounds like a bit of a nightmare Steve!

MountainM has the right of it, hope you get it sorted out mate. If not make sure everyone knows not to deal with them!

 

[mountainm]

Just to add the postage claim is to reimburse him for any losses that he has to reimburse you for. The onus of responsibility is on him to make it right with you then take up HIS grievance with the post office. You should never be out of pocket.

 

[Dougster]

I'm not sure where the law is but with what I do, I ALWAYS take responsibility until they are happy with it.

Link them to this with an explanation that they will be named if they do not sort it forthwith.

 

[Gray]

Steve, its always poo to hear of this kind of thing and so if you dont hear from him and it looks like you've lost the tarp, let me know. I've got a brand new 3x3 DD never been out its bag, I'll post it on to you free of charge. Guys please be aware I am in no way connected to this repair guy in any way, shape or form but this forum has been good to me and one good turn deserves another.

 

[Stew]

I'll be interested to see how the royal mail claim would work.

The person doing the work for you didn't own the tarp so curious as to how the claim will work.

Sounds like a rubbish situation to be in though.

 

[ex-member BareThrills]

I think the onus is on the company to put things right. Mike and dougster summed it up well. Be firm with them. I ran a mail order business once upon a time and id never let a customer take the fall if something went missing. Dont know what the legal position is but Its a moral obligation on their part to put you right. If they try to wash their hands of you then name and shame here, hammock forums and any other forums you are on.

 

[Robbi]

Steve, its always poo to hear of this kind of thing and so if you dont hear from him and it looks like you've lost the tarp, let me know. I've got a brand new 3x3 DD never been out its bag, I'll post it on to you free of charge. Guys please be aware I am in no way connected to this repair guy in any way, shape or form but this forum has been good to me and one good turn deserves another.

Stunning !

 

[Trunks]

It's a tough one this Steve!

I've been on both ends of lost items in the post. I sold an item on the forum & it never arrived, I reimbursed the chap & RM rejected my claim, so I lost the item & was £60 down But I had to reimburse the chap, it would have been plain wrong not to. All that said, that was something I was selling, your chap was posting back your tarp after an (albeit long winded) alteration.

I know it sucks, but the fault lies with RM and IMHO I would not expect your chap to replace the tarp. However, do you know if it was just 1st class post or registered, and to what value it was insured? Did the vendor offer you different postage options to cover insurance etc?

I would think that if the repair guy chose to send the tarp with lower than value insurance, without asking you, then that's an error on his part, and he should offer to split the difference after any claim comes through, just as a gesture of good will.

 

[Teepee]

As above, the onus is on the poster.

If the company values its customers, it will do its best to see you right whether it's a legal responsibilty or not. Anything less is below par and they should be named and shamed publicly if you have no joy.


@ Gray- :notworthy

 

[Stew]

Small claims court?

 

[ex-member BareThrills]

OFT guide on distance selling regulations

3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

 

[Robbi]

good link.

 

[Lister]

OFT guide on distance selling regulations

3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

if they offer a refund, or if you push for one, you may find it'll only be a refund for their services, not the tarp as well as you're buying a service from them, not the tarp.

Give Citizens Advice a bell to clarify that though.

 

[Stew]

if they offer a refund, or if you push for one, you may find it'll only be a refund for their services, not the tarp as well as you're buying a service from them, not the tarp.

Give Citizens Advice a bell to clarify that though.

See that's what I wonder.

Bit shortsighted if they don't though.

 

[jacko1066]

Hi guys,

Firstly, thanks for all the replys, you have given me lots to think about.

Lister, Grey and Pete (Teepee), thank you from the bottom of my heart for all of your very kind offers, but there are people in a far worse off postion than me who deserve some nice kit, but honestly Im touched.

I kind of agree where most of are coming from ie the name and shame, but tbh I would rather not go down that road as he is a genuinely nice guy, who is actually very well respected on here for his work, perhaps even by some of you that have commented on this thread so prob best I dont.

I agree that I do need to do something, but what exactly do I do now, what is my next move?

I no I said it in the original post that I really dont want to fall out with him or go down the legal route, yes I was sending it back to be modded but by that I meant to correct his own mistake he made in the first place.

I really am not sure what my next move or how I go about making it!!

Thanks all
Steve

 

[jacko1066]

It's a tough one this Steve!

I've been on both ends of lost items in the post. I sold an item on the forum & it never arrived, I reimbursed the chap & RM rejected my claim, so I lost the item & was £60 down But I had to reimburse the chap, it would have been plain wrong not to. All that said, that was something I was selling, your chap was posting back your tarp after an (albeit long winded) alteration.

I know it sucks, but the fault lies with RM and IMHO I would not expect your chap to replace the tarp. However, do you know if it was just 1st class post or registered, and to what value it was insured? Did the vendor offer you different postage options to cover insurance etc?

I would think that if the repair guy chose to send the tarp with lower than value insurance, without asking you, then that's an error on his part, and he should offer to split the difference after any claim comes through, just as a gesture of good will.

Hi James,

No mate he didnt give me any sort of option for postage, he just emailed me saying he had sent it off via royal mail first class.

Cheers
Steve

 

[jacko1066]

Steve, its always poo to hear of this kind of thing and so if you dont hear from him and it looks like you've lost the tarp, let me know. I've got a brand new 3x3 DD never been out its bag, I'll post it on to you free of charge. Guys please be aware I am in no way connected to this repair guy in any way, shape or form but this forum has been good to me and one good turn deserves another.

Gray,

Thats an amazing offer my man, but really I cant accept it, there loads of people about the forum far worst off than me mate!!

But I am truly touched by your generosity pal!!

Atb
Steve

 

[jacko1066]

OFT guide on distance selling regulations

3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

LOL I knew you would pipe up thrillsey!! your more peed off than I am about it lol!!

Cheers for the link, I will have a look through, does it all still count though as there is no money changing hands and that its back to correct his own mistakes?