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Gamejelly Direct! - Video Game/DVD/Blu-Ray Dropshipper

Discussion in 'Bad Supplier Experiences' started by Gamejelly, Jan 28, 2009.

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  1. greedyboy

    greedyboy

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    1) Provide proof you cancelled the orders and the dates regadless of the 21 days

    2) If he sent the items after 21 days after you submitted written cancellation then he can't claim for them

    3) Also write to the customers for them to sign a statement that nothing was received along with a SAE

    4) Manually check all the tracking numbers and print them out whether delivered or not

    5) Print out ALL communications

    6) Put all the documents in a folder in the relevant sections/dividers so you can get to the information quickly when in court (its not a court it is an office with a desk :))
  2. Osctek

    Osctek Banned Member

    Joined:
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    Messages:
    1,380


    We dont have a lawyer but we have the power of dean. Great post dean!:niceone:
  3. greedyboy

    greedyboy

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    I've been there and done it, both claiming and defending :)

    Hardly a lawyer but bags of common-sense!
  4. PCDropship

    PCDropship

    Joined:
    Jul 4, 2008
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    1,037

    I would not worry to much allthough he looks set to drag it out. I would make sure you have print outs of all e-mails, pm's his t&c's and orders placed/payment receipts.

    The onus is on him to provide evidence that he dispatched within the correct time frame. Also he legally has an obligation to refund on orders not dispatched where refunds are requested.

    All he is doing is buying himself some more time to delay payment to you.

    I would also keep all the tracking numbers that have been sent to you for parcels not received and name/addresses of where they are going to. He may wish for his supplier to stay out of this the court would determain that so the onus is on him again to PROVE that items that he said were dispatched actually were.

    Remedies for breach of contract

    Remember some rights that can't be excluded from consumer contracts can be excluded from business-to-business contracts. So, for instance, being supplied with defective goods may not be a breach of contract if an exclusion term limiting your supplier's liability in this area had been included.
    However, you might be able to challenge the exclusion clause on the grounds that it was unreasonable under the Unfair Contract Terms Act 1977.
    If your supplier's liability is not limited by reasonable exclusion clauses and the goods supplied aren't fit for purpose, are of unsatisfactory quality or don't match the seller's description, you're entitled under the Sale of Goods Act to reject them within a reasonable time after delivery and to recover any money you have paid.
    Similar remedies are available for purchases of services. If services aren't carried out with reasonable skill, you're entitled to ask for the work to be redone at no extra cost. Or, if your supplier won't do this, you're entitled to ask another supplier to put the work right and then claim the cost from the original supplier.
    Where a price has been agreed as part of the contract, you aren't obliged to pay any more. And where a deadline for the carrying out of the services has been agreed and has not been met, you are entitled to compensation for any foreseeable losses you may suffer as a result.


    I would also read the Unfair Contract Terms Act 1977 which will basically squash all his terms nonsense of not liable for losses etc as this is decided by the courts (i.e if you wash to show that you eBay business callapsed because of this you can claim compensation but it would be down to the court to decide as to wether it was a direct result and if it was his "we are not liable" statements would be ruled not enforceable and he would have to pay)
  5. jayjrc

    jayjrc

    Joined:
    Jul 11, 2008
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    2,546
    i had the same defence thing when claiming against my bank, in the end it was stalling tactics and they paid me my money plus fees on the last day to provide defence, lets just hope that is what he is doing!
  6. Mark34BN

    Mark34BN

    Joined:
    Mar 16, 2009
    Messages:
    138
    I've received a similar letter, 28 more days to wait :mad:

    Would I get expenses for having to travel from Plymouth to Northampton court ?
  7. greedyboy

    greedyboy

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    Yes you claim 'reasonable' expenses.
  8. PGC Trading

    PGC Trading

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    How much is reasonable:D
  9. Pete

    Pete

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    May 30, 2005
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    14,067
    Travel if you go to court, postage and other related costs, including any costs involved in refunds and such done as a result of his actions / inactions.

    Just have proof and justification and you'll be covered.
  10. PGC Trading

    PGC Trading

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    Thanks Pete!:niceone:
  11. Ade

    Ade

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    Sep 5, 2009
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    69
    I hope you guys get all this sorted to your satisfaction !
  12. Mark34BN

    Mark34BN

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    Anyone had any correspondence from Darren ? It's been very quiet since he said RM were sorting the refunds within 48 hrs (two weeks ago):rolleyes:
  13. PGC Trading

    PGC Trading

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    Feb 18, 2009
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    Last I knew is he is going to be defending part of the claim, I only assumed we would be taking this to court/ the office (small claims)
  14. Mark34BN

    Mark34BN

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    Well, he's had my money and not sent the items. I forwarded all the outstanding order confirmation emails to him and I've heard nothing back.
    Seems pretty straightforward to me.
    Your situation may be different but I can't see how he can argue with the facts. He acknowledged the claim on the 21st Oct, so there's 28 days to resolve it now.
  15. HeadBangingMerc

    HeadBangingMerc

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    Website is now down.
  16. greedyboy

    greedyboy

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    ANy news on the County Court or any dates yet?
  17. Robert_Brewster

    Robert_Brewster

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    Greedyboy, mark said 28days, i think it was 27 days ago to do the maths of the top of my head, so would it be tomorrow?
  18. Mark34BN

    Mark34BN

    Joined:
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    Tomorrow is the 28 day deadline from when Darren acknowledged the claim. He refunded me for 7 orders on the 12th, with the promise of more to come. That's all the contact I've had.

    This alters out the amount I originally claimed for, I assume the claim still stands but for a reduced amount ?
  19. Robert_Brewster

    Robert_Brewster

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    I dont know mark, could be another stall tactic, gamejelly/darren is clearly waiting for the refunds of his supplier
  20. Mark34BN

    Mark34BN

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    28 days have come & gone, I was expecting some kind of correspondence from HMCS but nothing has arrived.

    Has anyone been here before?
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