Shop charges for damages which I did not cause

sparky2010

Hi Guys. I'm wondering if anyone has some advice on a consumer problem I've had recently with a shop Cartronix in galway. I'll try to explain my situation in as much detail as possible:

Warning: Long rant alert!!

I bought myself a KJWorks M9A1 airsoft pistol from Cartronix back on 18th November 09 for 220 euro which includes a full on site one year warrenty and was dealing with a very pleasant and helpfull lad who was working there. Everything was great until a month later I had to get a magazine replaced due to a gas leak....everything went well and the same lad was very helpfull and replaced it on the spot with a mag from one of the guns on display. So I was happy as larry with their service at this point. But then on january 2nd I had a major problem with the pistols cylinder breaking (shattering) for some reason after an extending firing session.

So I go back to them and the same lad is there and after looking at the gun and stipping it etc he sees where the damage i'm refering to is and he tells me to leave the gun with him and he'll get the part replaced and lube it up for me and make sure it's in good order. He also said that he had seen a few of these problems before and that the manufacturer is trying to make a stronger version of this particular part to ensure this sort of problem nolonger occurs.

So off I go happy that my pistol is in good hands. A week later I drop in to the store to ask how the repair was getting on and he tells me he's having problems getting the part from the supplier so I can either let him send the whole gun to their supplier and once the supplier receives it and sends them confirmation they'll allow me to get a new gun in the store of the same value or order a brand kjw m9a1 for me. I chose the brand new m9 and went off happy again and a week later I am told by the same lad that he recieved confirmation and my gun is on order. This was around the 15th January

So what happened that I'm complaining about you ask? Well for the next 2 week I pop in a number of times and call the store phone waiting to see if theres any news about my new gun. On one occasion I called in and the owner was there and told me to pop back in a couple of days when the guy I was dealing with would be back in.

Still no news until yesterday I call the store and talk to a guy (apparently the owner) who tells me my gun is waiting for me and I tell him I'll pop in to collect it later on that day. So in I go with my wife and am told by the owner that I have to pay 40 euro for repairs. 40 euro I ask? what about my one year warrenty? He replies by telling me that their supplier had told him that the magazine on the gun had a part broken off (Which was definatly not the case when i handed it in) and the trigger was busted (also not a problem when I handed it in). So apparently I had to pay for two extra problems that were definatly not existing before i gave it to them.

To make matters worse the sound lad who I dealt with before (and who checked the gun thoroughly on the day I handed the gun in (definitely was not an obvious piece snapped off the top of the magazine) was apparently "not working there anymore". So I requested that he call that lad to confirm the non-existance of these obvious problems with the gun the day i handed it in and the owner refuses to contact him for me "because he doesn't work there anymore" and says my only other alternative is that he gets the gun sent back and gives me the even more broken gun that I had before. He refused to even consider the possibility that the gun was damaged after it was no longer in my possession. He also refused to give a refund of any sort even if I paid the 40 euro (which is a legal consumer right since the gun was obviously faulty...right?). As far as I can see this a plain violation of consumer rights. Also the owner told me that the gun had been in his store up till last tuesday and he had sent it to the supplier himself after I called to inquire about it...this was a direct contradiction of what I was told the week before by the ex-employee since he informed me that the supplier had already confirmed that they had received the item more than a week and a half to 2 weeks ago.

Sorry for the rant guys but it's been bugging me. Has anyone else had a similar problem like this? How should I go about dealing with this? any suggestions?

Thanks for any help

P

foggy_lad

send a letter to the owner of the shop explaining what you were told and that you handed in your gun without the extra damage and then tell him what you want as in a replacement repair or refund, then give him a reasonable time usually 10 working days, to respond and then if you are not satisfied start proceedings in the small claims court.

wmpdd3

As above, it's your best option for a claim for €220

sparky2010

right thanks guys. @foggy_lad since it was the owner who was so unreasonable about this, should I indicate that in the letter or should I phrase it as if I had not talked to him about it before? thanks again

smelltheglove

sparky2010 wrote: »

right thanks guys. @foggy_lad since it was the owner who was so unreasonable about this, should I indicate that in the letter or should I phrase it as if I had not talked to him about it before? thanks again

Reading this I would think that you are best to write the letter addressed to whom it concerns and then state happenings including names of people if you have them, if not descriptions. I am guessing someone else may have left in the same gun as you and the 2 were mixed up at best, at worst Id guess the owner is trying to get money wherever possible. Make sure the letter is sent registered so you can proove it was received. As above give the 10 working days to respond before you begin proceedings, indicate in the letter that this will be the outcome if the matter is not resolved.

elgriff

If it was me, I would just go in. Act as though you we considering paying or making a deal. Ask to see the gun and then just walk out with it. Pop a couple of airsoft caps in his ass on the way out!

ejmaztec

elgriff wrote: »

If it was me, I would just go in. Act as though you we considering paying or making a deal. Ask to see the gun and then just walk out with it. Pop a couple of airsoft caps in his ass on the way out!

And then write your memoirs in prison.

sparky2010

yes I think I'll skip that advice thanks all the same elgriff

sparky2010

I managed to track down the lad who used to work in the shop today and he confirmed to me that he remembered that there was only the cylinder problem wrong with the gun. He will be dropping into the shop to deliver something tomorrow for the last time and he said he will discuss it with the owner then. hopefully the owner will believe me then and co-operate so i won't ave to send a letter. if not then I will send said letter and everything else you've advised, thanks guys

P

sparky2010

got this sorted eventually guys thanks...