Three months interest free loan

[claudio]

Name and shame forum needed!
I ordered some parts in August 2009, payment was made at the time of order, here's the Live Chat .....

Chat InformationPlease wait for a site operator to respond.

Chat InformationYou are now chatting with 'James' I will see if I can help, in busy periods please allow a few minutes before asking a 2nd question We also recommend you visit while chatting our digital catalogue section which has over 2,000 pages of products PRODUCT INFORMATION We have setup online over 2,000 pages of our Marine Catalogues in Digital Format so that you can view detailed specifications on products before ordering. http://www.marinemegastore.com/catalogue_request.asp

Chat InformationYour Issue ID for this chat is LTK143027342364X

James: Hello. How may I assist you?

Claudio: Please confirm delivery on remaining items on order

James: Please bear with me while I look into your order..

James: Due date on pump head is end of November according to the distributor

James: We apologise for the delay and any inconvenience caused.

Claudio: I don't think that you can deliver on this product. The order was placed at the end of August. I was told two weeks. I queried when it didn't arrive and was told end of October. I rang again at the end of October and was told 18th Nov. Now you're telling me end of Nov. This is getting to be a joke, you've taken the money and 'entered into contract' to deliver. I suggest now that the delivery is unreasonable and that you have not fulfilled the contract in a reasonable amount of time. I am incurring cost now and have missed the opportunity to order from elsewhere earlier because of your promises.

Claudio: For the sake of good customer relations can you now deliver on the 18th ?

Claudio: I have booked flights to the UK and planned to pick up the parts

James: The part has been on backorder with the UK distributor XM Yachting since order date

James: We never said a definite date on this item we said it was DUE in 2-3 weeks time

James: We may be able to supply the same item on a different part number from the other distributor if they have stock however the pricing may not be the same let me check if they have this part

James: http://issuu.com/marinemegastore.com/docs/bainbridge_marine/124

James: Please identify the part you require from this left hand page

James: hello

Chat InformationChat session has been terminated by the site operator.


So what do you think ?
Have they entered into contract (having taken the money) and do I have reasonable grounds to sue in the small claims court. ?
Three months interest free loan, probably with no intention to supply at quoted price.

Could this be the first entry in a new 'name and shame' forum.
NB. The quoted text was pasted directly from a live chat earlier today

 

[SimbaDog]

Hi, you have no chance of claiming in a court, don't waste your time. You have 2 options, 1/ Wait for them to deliver, 2/ Tell them to cancel & refund you.

Pretty poor but seems to be the norm nowadays

Can you not source the part anywhere else?

Why not post full part information & see if anyone can find it for you?

 

[asteven221]

Not 100% certain about your situation except that the service is obviously rubbish.

On a similar subject, it might be worth mentioning to unsuspecting forumites that there are many internet sites/shops that you can buy from that never hold any physical stock, although they show stock and prices etc....... and you can order from them. What actually happens is that they set up an online shop, advertise it etc..... as normal. Sometimes they will set up many online stores with different names. The key difference to a genuine store (e.g. Argos, Comet) is that they do not have a physical presence and never have physical goods to sell. Instead they have links to other sites that DO have the goods, which is fine IF nothing goes wrong. If it does then it becomes a protracted nightmare trying to get the issue resolved. There is a chain of people to finally get the origonal supplier. These sites are not necessarily scams and are common on the internet, but personally I would stay away from them. FWIW use companies that publish there full contact details, registered company address, company number and VAT number. Many of the "virtual" companies don't publish all the details, because they often have a UK site, but are actually in Asia or somewhere like that. Ones that use Chat Sessions as a means of communication are to be avoided IMHO. Hopefully that helps some of the less internet savvy amongst us.

 

[jhr]

I'm afraid the Marine Megastore have previous with this kind of behaviour and have been mentioned less than favourably on these fora in the past. I'd try and get your money back, or you could be in for a long wait.

Not to be confused with the Marine Superstore at Port Solent, who are nothing to do with them and who have been more than helpful on the occasions I've been there. Mind you, they do have the advantage of possessing physical premises and actual, rather than virtual, stock

 

[PilotWolf]

I thought it was illegal to charge your (credit) card before dispatch? Assuming thats how you paid...

W.

 

[FullCircle]

I can't remember any good outcomes reported with this company on the forum.
I would cancel the order and check the national avaialbility with Plastimo on 01489 778850, who are usually very helpful.

 

[Boat44]

Yes, they entered into a contract with you when they accepted your offer of payment for the goods specified.

Are they in breach of contract? Not sure. If they have specified dates by which they said they would deliver and have not delivered then yes.

You need to contact them and get them to confirm to a revised date, specifying the year (no joke) and that the revised date is on condition that time is now of the essence. At this point you need to explain to them what happens if you don't get the parts, eg more flights, cant use the boat etc. (All to do with associated costs and what they should be reasonably aware of in terms of costs you will incur as a direct result of their late delivery) This approach should get a sharpish response from them if they have any sense.

Ultimately is it worth taking them to court? Probably not. Although it can be very satisfying and is a dodle to do on line via the county courts.

Some parts can be on backorder for some time, (I have waited 6 months for parts before) but they should be telling you about this and the progress being made. Always worth talking to the manufacturer direct to find out what is going on and when parts will be dispatched.

A more pragmatic approach is probably better based on what you find out from the manufacturer.

 

[tillergirl]

I had a similar experience with James. When I asked to be put onto the Manager, he claimed he was the manager. I made the mistake of placing the order and then confirming they had it in stock. I was told they had (a lie). After waiting two weeks, I queried the non delivery and had a simialr conversation to you. I cancelled the order and in fairness my credit card was reimbursed pretty quickly. I am currently waiting for Force 4 to deliver some products but at least they haven't charged yet. James will nto accept an order without prior payment.

 

[claudio]

Thanks all for the responses. What gets me is that they took the money, from a credit card, as soon as I placed the order. I bet they haven't paid their supplier and won't until 30, 60 or even 90 days after invoice.
I've searched some previous threads and now realise that they operate back to back catalogue orders, they carry no stock, i.e. a virtual company with virtual stock.

I'll check with my credit card company about charging the card before delivery, if it is illegal then I'm sure that this particular supplier won't be in business for very much longer.

 

[sky7liner]

You need to cancel the order and ask that your card be credited with the amount you paid.

If they won't then you can lodge a formal complaint with the company that issued the credit card that you used to pay the supplier. They have the ability to apply what's known as a chargeback. Basically the card company can go to the merchant after the event and say that they're having the money back and they take it out of the merchant's account.

But, as I say, you need to have proof that you have requested and been refused a refund.