When a used gear purchase goes wrong

[DomT]

@tuga that’s appalling. Insist on your money back. No point flogging a dead horse and you have been patient enough.

 

[Nativebon]

Just goes to show. For them to actually think you'll aspect in that condition says it all.
Time to put your foot dwn and ask for a refund.

 

[StingRay]

Get a refund. This is really poor and is further worsening their reputation.

They are my nearest dealer but I have never used them.

 

[tuga]

Ok, spoke again to Nick Besley, Emporium HiFi's manager.
He ruled out the option of a refund, said that I was buying used gear and my expectations were overly high, and complained about being fed up with having to send his driver over at £200/visit (although I was only charged £150 for the initial delivery).

He has unilaterally agreed to send his driver/engineer once more to deliver the baseplates and align the baffles.

I will be away for a week, which means another 20 days of waiting...
What a nightmare.

 

[parcelmonkey]

Ok, spoke again to Nick Besley, Emporium HiFi's manager.
He ruled out the option of a refund, said that I was buying used gear and my expectations were overly high, and complained about being fed up with having to send his driver over at £200/visit (although I was only charged £150 for the initial delivery).

He has unilaterally agreed to send his driver/engineer once more to deliver the baseplates and align the baffles.

I will be away for a week, which means another 20 days of waiting...
What a nightmare.

As you purchased from a retailer of used goods you are perfectly entitled to a refund fella. Whether Nick is happy to or not, his problem not yours!

LINK

I'd use their template to write a formal letter and if he still doesn't comply then off to small claims court. Your fee is around 5% of claims but if you win, this is awarded to you, if I remember correctly?

Best to use Citizens Advice in this instance, just be careful to follow their advice otherwise you'll trip up.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Emporium are being tossers about this now, telling you your expectations are too high! Yeah, like we should all be buying knackered goods! Idiots...


I'd judge this as now you want to win above all else, this type of seller response boils my p**s..

Good luck, don't give up. I once had to threaten an insurance company by suggesting as a member of a Satanic cult I would be cursing them! It worked, I'm not by the way, just determined to win if I'm in the right!

 

[tuga]

The only upside to this is that I am really enjoying the speakers!

 

[VanDerGraaf]

@tuga I sincerely hope this all works out for you- not casting Emporium in the best light!

 

[DomT]

The only upside to this is that I am really enjoying the speakers!

If you are enjoying the speakers then you have a choice to give them a chance again or get a refund and search for the same pair elsewhere. If it’s the same driver whom I met maybe three years ago he was designing a tonearm and so he may actually have sufficient skills to fix the speakers.

The distance selling rules should help you so long as you can show that you were mis-sold. And this is the key point. Have a good think about the evidence that you have. Often Emporium ads say very little and this helps them rather than you.

 

[Iceman 16]

The only upside to this is that I am really enjoying the speakers!

Is it because they measure well or you got what you paid for?

 

[It Cost How Much!?!]

And this is why you avoid this retail outlet at all cost in my opinion.

 

[tuga]

If you are enjoying the speakers then you have a choice to give them a chance again or get a refund and search for the same pair elsewhere. If it’s the same driver whom I met maybe three years ago he was designing a tonearm and so he may actually have sufficient skills to fix the speakers.

The distance selling rules should help you so long as you can show that you were mis-sold. And this is the key point. Have a good think about the evidence that you have. Often Emporium ads say very little and this helps them rather than you.

What annoyed me in today's conversation was him implying that I was being difficult and that them having sold me faulty goods was somehow my fault...

The driver is a long-haired big chap. and he told me he'd had engineering training, it might be the same person.

 

[tuga]

Is it because they measure well or you got what you paid for?

With the advent of the Meta several used and ex-demo Reference 3s and 5s have popped up at attractive prices. Emporium accepted a trade-in so I went ahead. I knew that the cabinets had a few bumps and bruises, as did one of the bass drivers, but wasn't told that one of the coaxes had been replaced nor did I expect that same driver not to have been properly soldered. When they took the speakers back to fix the problem they messed up the aluminium baffle faceplates. And it's been over 2 months now...

I think that the Reference 3s met my expectations. I just wish that they'd tuned the port to a lower frequency but for the most part they're great.

 

[oldius]

Without any shadow of a doubt, I would return these speakers to the dealer for a full refund.

 

[Iceman 16]

With the advent of the Meta several used and ex-demo Reference 3s and 5s have popped up at attractive prices. Emporium accepted a trade-in so I went ahead. I knew that the cabinets had a few bumps and bruises, as did one of the bass drivers, but wasn't told that one of the coaxes had been replaced nor did I expect that same driver not to have been properly soldered. When they took the speakers back to fix the problem they messed up the aluminium baffle faceplates. And it's been over 2 months now...

I think that the Reference 3s met my expectations. I just wish that they'd tuned the port to a lower frequency but for the most part they're great.

Did you get both the supplied pairs of the bass port tubes? There should be 2 sets. Long + short tubes.

 

[Nativebon]

I also feel the speakers should be returned cause if things go wrong here on there is no going back. Adding the fact that the speakers came firstly sounding rather odd. Then secondly an opportunity to put things right once and for all, and still messed things up. Does not instill confidence whatsoever in any repairs undertaking.

 

[tuga]

Did you get both the supplied pairs of the bass port tubes? There should be 2 sets. Long + short tubes.

Yes, I have opted for the long ones, maybe with woolen socks in the lower ports

 

[tuga]

Without any shadow of a doubt, I would return these speakers to the dealer for a full refund.

I also feel the speakers should be returned cause if things go wrong here on there is no going back. Adding the fact that the speakers came firstly sounding rather odd. Then secondly an opportunity to put things right once and for all, and still messed things up. Does not instill confidence whatsoever in any repairs undertaking.

He has already rejected that option. I'd have to fight it.

 

[Iceman 16]

I'd have to fight it.

I think you need to. These speakers are not cheap. I have read many bad reviews and comments in the past about them that’s why Im quite reluctant to buy anything from them even at low priced items. My only experience with them was when I was looking for speaker cables. The guy brought them to my house to demo but I didn’t buy them.

 

[savvypaul]

It sounds like the OP is giving the seller one more chance to carry out an acceptable repair. That is the OP being reasonable.

If the second repair is not satisfactory, I would act quickly. Send a registered letter that states the facts of the transaction. Events, dates, what was said. Attach notes of any conversations you have had, and copies of all relevant emails. Include a copy of the original listing, if you have it. Include photos of the faults caused by bad repair.

Tell them you are rejecting the speakers because their repair is not of an acceptable standard and point out that this will significantly affect the current and future value of the speakers.

State what you want to happen and by when. If it's a refund, state that you expect to receive the refund within 30 days of delivery of your letter. If it's a discount, state the amount you are asking for and why it is a reasonable amount. Stress that you are keen to avoid litigation, point out that you have been reasonable by allowing an extended period for satisfactory repairs to be carried out, but be clear that you see no reason for further delays. State that if you haven't received a refund / the agreed discount, within 30 days, you will issue proceedings for the item cost and any associated expenses, including travel to and from a hearing and any loss of earnings from taking time off work/ away from your business to attend a hearing. If the registered address of the seller is a significant distance from your home, your expenses might include an overnight stay.

For the future, buy on eBay (with their wonderful buyer protection and easy returns) and make them treat your trade-in as a separate transaction. It's much easier to unpick, if things do go wrong.

 

[horace]

It sounds like the OP is giving the seller one more chance to carry out an acceptable repair. That is the OP being reasonable.

If the second repair is not satisfactory, I would act quickly. Send a registered letter that states the facts of the transaction. Events, dates, what was said. Attach notes of any conversations you have had, and copies of all relevant emails. Include a copy of the original listing, if you have it. Include photos of the faults caused by bad repair.

Tell them you are rejecting the speakers because their repair is not of an acceptable standard and point out that this will significantly affect the current and future value of the speakers.

State what you want to happen and by when. If it's a refund, state that you expect to receive the refund within 30 days of delivery of your letter. If it's a discount, state the amount you are asking for and why it is a reasonable amount. Stress that you are keen to avoid litigation, point out that you have been reasonable by allowing an extended period for satisfactory repairs to be carried out, but be clear that you see no reason for further delays. State that if you haven't received a refund / the agreed discount, within 30 days, you will issue proceedings for the item cost and any associated expenses, including travel to and from a hearing and any loss of earnings from taking time off work/ away from your business to attend a hearing. If the registered address of the seller is a significant distance from your home, your expenses might include an overnight stay.

For the future, buy on eBay (with their wonderful buyer protection and easy returns) and make them treat your trade-in as a separate transaction. It's much easier to unpick, if things do go wrong.

Excellent advice.