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skewt

667 posts

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#142419 12-Mar-2014 14:06
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Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order

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PeterReader
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  #1004238 12-Mar-2014 14:06
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Hmmmm. Here we go.




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macuser
2120 posts

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  #1004242 12-Mar-2014 14:09
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Did you bid on the phone, or was it a buy now you used to purchase the phone?

Also how many sales does the TradeMe user you bought it from have?  More than 500? Or less?

skewt

667 posts

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  #1004254 12-Mar-2014 14:11
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macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales



mattwnz
18664 posts

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  #1004262 12-Mar-2014 14:22
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skewt:
macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales


Well the phone has to be described accurately, so if it had a missing camera, (has someone physically remvoed it?), and that wasn't advertised, then it should have been. Not unless it was being sold as is and condition unknown, then you take all the risk. There is a difference between bidding and buy now. You would have a far stronger case if you used the 'buy now'. Otherwise it is an auction, and I believe auctions have their own laws. You may just have to go through the process, and you may not end up being in the right legally.

skewt

667 posts

Ultimate Geek


  #1004278 12-Mar-2014 14:28
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mattwnz:
skewt:
macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales


Well the phone has to be described accurately, so if it had a missing camera, (has someone physically remvoed it?), and that wasn't advertised, then it should have been. Not unless it was being sold as is and condition unknown, then you take all the risk. There is a difference between bidding and buy now. You would have a far stronger case if you used the 'buy now'. Otherwise it is an auction, and I believe auctions have their own laws. You may just have to go through the process, and you may not end up being in the right legally.



Its an iPhone5 and it appears the phone was dropped multiple times by the previous user, causing it to break the camera off or fall out, if you compare the phone to another iphone 5. you can see the circuit board where the camera should be
Under the fair trading act, I would assume "Excellent working order" means it doesn't has 3+ faults

They are also going against their own warranty policy which I can PM people further details if required as I don't want to mention the company in post

The faults were:
Front camera missing
Rear camera fill of dust/dirt and unable to be used correctly (Dust is entering the device from being dropped by previous owner)
Power/Sleep button stopped working after limited use within first 10 hours



macuser
2120 posts

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  #1004279 12-Mar-2014 14:29
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mattwnz:
skewt:
macuser: Did you bid on the phone, or was it a buy now you used to purchase the phone?


It was a bid, and I understand there is a difference when it comes down to your rights but due to them being a 'professional trader' I do get some of these back

And they have over 9000 sales


Well the phone has to be described accurately, so if it had a missing camera, (has someone physically remvoed it?), and that wasn't advertised, then it should have been. Not unless it was being sold as is and condition unknown, then you take all the risk. There is a difference between bidding and buy now. You would have a far stronger case if you used the 'buy now'. Otherwise it is an auction, and I believe auctions have their own laws. You may just have to go through the process, and you may not end up being in the right legally.


Matt got it right, first contact TradeMe and notify them of the Traders behaviour if it was described to be fully functional on the Auction.  If they do not repair the goods when offering a warranty as part of the deal (provided it wasn't damaged by you) then they are also breaking their contract with you.

Klipspringer
2385 posts

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  #1004319 12-Mar-2014 15:02
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skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.



skewt

667 posts

Ultimate Geek


  #1004332 12-Mar-2014 15:15
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Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Was your case with an individual or a company?


Geektastic
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  #1004340 12-Mar-2014 15:29
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I wonder if Trade Me will ever offer Buyer Protection like Ebay or if they will just continue to take large fees for doing not really very much?





surfisup1000
5087 posts

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  #1004404 12-Mar-2014 16:45
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Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Someone managed to get someone thrown in jail over an unpaid debt like this.   anyone have reference to that thread?

Ruphus
318 posts

Ultimate Geek


  #1004420 12-Mar-2014 16:53
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surfisup1000:
Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Someone managed to get someone thrown in jail over an unpaid debt like this.   anyone have reference to that thread?


Here it is:

http://www.gpforums.co.nz/threads/382668-Debt-Collecting-for-Noobs?perpage=25

It one of my favourites.

Klipspringer
2385 posts

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  #1004426 12-Mar-2014 16:59
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skewt:
Klipspringer:
skewt: Has anyone here lodged a claim with the Disputes Tribunal?

They say most claims are finished within 3 months, how long did yours take?
Did you get the result you intended?
Did the other party actually pay?

Currently in a dispute with a company that sold me a phone over trade me,
they offered a warranty on all items they sold of replace/refund but are only agreeing to FIX 2 out of 3 faults.

The item was listed as excellent working order when all 3 faults appeared in the first day, 1 of the faults was the front camera is completely missing!
I want a refund as I have already had to purchase another phone and would prefer not to get a phone back to attempt to resell when its clearly in bad quality and not excellent working order


I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Was your case with an individual or a company?



Company

clevedon
1059 posts

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  #1004439 12-Mar-2014 17:13
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Klipspringer: I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Don't let them get away with it. I went through the same process and the person also ignored the distress warrant, we all ended back up in the District Court and they had to pay on the spot ($1200) to me and they also got 180 hours community service for their trouble.

loceff13
916 posts

Ultimate Geek


  #1004451 12-Mar-2014 17:36
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Klipspringer:

I have been through the disputed tribunal recently and it went very well. In my favour, but it does not seem to have had any effect so far as to get the person to pay...

- A date of the hearing was set about a month after I lodged the dispute via the website.
- other party indicated he could not make the date of the dispute hearing.
- A new date was setup, a few weeks later.
- Went to the hearing, the other party did not show up.
- Hearing went ahead and the other party was instructed via snail mail to make payment.

To date the other party has still not paid me, despite the order. I'm now filing an application for a Distress Warrant to try and get them to pay, this costs more money. The disputes tribunal no longer has anything to do with it.

Not happy about it. It was only for $800 and I am probably going to have to end up writing it off.


Pass it onto a debt collection company? They then pass on said costs to the person/company who owes you money and if they get it you might get some percentage back

jeffnz
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  #1004457 12-Mar-2014 17:45
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Geektastic: I wonder if Trade Me will ever offer Buyer Protection like Ebay or if they will just continue to take large fees for doing not really very much?



another terrible NZ company, oh hang on its owned by an Aussie company is that a reprieve for us Kiwi's 




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