Legal Advise - Where Do I Stand

[saidur]

July 08 a customer of ours needed a new Copeland D4RH-2500-EWM compressor. We got on to our local supplier who told us they could get one. After several weeks one was remanufactured by a Wimbledon based company and supplied and fitted. This lasted approximately 20 minutes before it blew up taking the main and delta contactors with it.

We got back on to the suppliers, who in turn contacted the remanufacturers. They basically said oh well we'll send you another one.

This was supplied and fitted along with new contactors. We kept a carefull eye on this one, checking it every few days, oil levels, operarional heat, run currents and pressures etc. All seemed fine until one day a loud rumbling noise developed. On inspection the main crankshaft bearing had gone allowing the rotor to core on the winding, luckly we'd caught it before it damaged the windings. It had lasted approximately 3 months.

Once again we contacted the suppliers who arranged to return this one. The remans' did an examination on this basically blaming oil contamination and liquid slugging (a usual get out clause I believe). And thus would not honour another replacement. We then went into a stalemate situation where nothing much happend, they had our money and our compressor and we had nothing to show for it. Eventually we demanded that they return our compressor (with a view of reconditioning it ourselves). After a few months a pallet load of scrap turned up, the compressor was all in pieces, the winding was toatlly trashed and it was definately not the compressor we had returned to them. Even the model number on the data plate was not the same.

Where do we stand legally on this, surely we should have the compressor that we purchased back wether it is working or not?

I believe our compressor had a new main baring fitted and was sent out to someone else as a remanufacture, otherwise why was it not returned when requested, and why now has another one turned up in it's place.

[Brian_UK]

Appears to be a simple case of theft.

Trading Standards might be a good place to start if letters are falling on deaf ears.

[Yuri B.]

it was definately not the compressor we had returned to them.

Hello.
Sad story. Maybe it was still yours - that, which had failed first?

Sorry, you probably did not send them the first one. The impression is they mean (with the attitude we-have -done-too-much-foryou) , now, with the parts of the both comp-s at your hands, you would somehow get out from the story on your own.

[Magoo]

Saidur.
You are between a rock and a hard spot.
A lot positives for factory new replacements.

[Abe]

July 08 a customer of ours needed a new Copeland D4RH-2500-EWM compressor. We got on to our local supplier who told us they could get one. After several weeks one was remanufactured by a Wimbledon based company and supplied and fitted. This lasted approximately 20 minutes before it blew up taking the main and delta contactors with it.

We got back on to the suppliers, who in turn contacted the remanufacturers. They basically said oh well we'll send you another one.

This was supplied and fitted along with new contactors. We kept a carefull eye on this one, checking it every few days, oil levels, operarional heat, run currents and pressures etc. All seemed fine until one day a loud rumbling noise developed. On inspection the main crankshaft bearing had gone allowing the rotor to core on the winding, luckly we'd caught it before it damaged the windings. It had lasted approximately 3 months.

Once again we contacted the suppliers who arranged to return this one. The remans' did an examination on this basically blaming oil contamination and liquid slugging (a usual get out clause I believe). And thus would not honour another replacement. We then went into a stalemate situation where nothing much happend, they had our money and our compressor and we had nothing to show for it. Eventually we demanded that they return our compressor (with a view of reconditioning it ourselves). After a few months a pallet load of scrap turned up, the compressor was all in pieces, the winding was toatlly trashed and it was definately not the compressor we had returned to them. Even the model number on the data plate was not the same.

Where do we stand legally on this, surely we should have the compressor that we purchased back wether it is working or not?

I believe our compressor had a new main baring fitted and was sent out to someone else as a remanufacture, otherwise why was it not returned when requested, and why now has another one turned up in it's place.

Hi

Just saw your thread and advise the following:

I would pay for an "independant" expert examination of the said compressor and obtain a report.

Forward a letter to the seller informing them of the findings and inviting compensation within a specified time period.

In the absence of a response, forward a "letter of claim" in compliance with the protocol under the civil procedure rules. The letter must state the quantum of damages which will include all the "losses" you have incurred.

Issue a claim in your local County Court using Form N1 together with a particulars of claim.

Anything up to £5000.00 will be a straightforward matter with the hearing in chambers, and most likely settled via mediation at a relatively low cost.

Hope this helps. Please post any questions if you require further assistance

Abe