Advice on not getting caught out or ripped off

Discussion in 'Other Bikes' started by layhervamp, Jun 27, 2012.

  1. I've started this thread for forum users to share bad experiences , with suppliers, in the hope to prevent other riders getting caught out or ripped off by dishonest suppliers.

    I have recently had a very negative experience and would like to share it. Recently I engaged the services of a leather seat upholesterer. My plans were to have a bespoke seat made for my bike, something to really stand it out from the crowd.

    After searching hard to find a company with the skills I required I found Caer Urfa Leather in South Shields UK. After a very promising initial conversation with them, in which I detailed my design concepts and plans for the the bike, they left me reassured I was in safe hands. They requested I send my seat to them so the project, which was forecasted as being about 21 days, could commence.

    On receipt of the seat they made plans on how to approach its recover, which I was somewhat excluded from. They asked me to submit outline artwork for them to work with, with clear instruction that they would sort out the art detail.

    Well it all went wrong from there! I started to receive emails telling me what they were doing and highlighting how they were not going to fit aspects of the brief. Eventually I realized they had simplified the seat shape design, change the colour planned for the seat and not only changed the artwork design but had opted to trace copy a photo image from the internet, no doubt ignoring all artist copyright.

    Concerned about these developments I sent the upholsterer an email expressing some concern over whether the end article would meet any of the projct brief. The upholsterer then through his toys out of his pram, refused the work and has been sending nasty emails since, most of which are liabless.

    Here's the worst bit. The upholesterer has my seat and is refusing to return it. They are attempting to extort money from me, even though no work has actually been started on the seat. So for obvious reasons my advice is stay well clear.....These people should be avoided at all costs.

    On again the company name is CAER URFA LEATHER of South Shields UK.

    Avoid at al costs!!!!
     
  2. If they have your seat, and you dont want them to have it, and they are refusing to give it back, and you owe them no money is that not theft ?
     
  3. I like your thought process and I agree. I spoke to my solicitor who said that a company has right to withold goods for service rendered and not paid for, its called a 'lien'. However thats not the case here, after setting the price which I agreed to ( commencement of our contract) the company then decided they didn't want the work, hence breaching the contract. They then subsequently refused to return my goods until I gave them money, effectively holding my goods to ransom.

    Things have developed since then. I posted my experience on biker forums, primarily to make other bikers aware of this BAD company, as my solicitor would have dealt with goods recovery. They actually sent my seat and other perifery items back. Given the nature of the language and abuse I had sustained in emails from them, I thought it prudent to video the unboxing of the returned package. I operated the camera while my 5 ft, 7 stone wife opened the package and inspected the seat. Rather unsurprisingly they have damaged the seat, maliciously I believe. Youtube search Caer Urfa Leather for two videos, one explaing the initial issue and the other the unboxing video.

    Now my solicitors focus will be recovery of costs for returning it to its original condition or replace, which ever is the cheaper. I'm considering actions for crimal damage also. Therefore the advice stands, pass it on. I really wouldn't want another biker to go through this.
     
  4. Hey mate glad you got the seat back.
    Having said that i do think you need to be careful with the bad publicity for this company, have you told your Solicitor that youve been posting on Forums and Youtube, id be interested to see what his reaction would be regarding either Slander or Defamation of character, would hate for them to have you in court for either.
    I think sometimes its just worth putting these things down to experience, yes let others know but maybe just put the bare facts and let folks make up there own minds, obviously if they have damaged the seat then you should be able to do something about it, have you proof that it wasnt damaged when you gave it to them maybe a photo ? because it will just be your word againt theirs, im not meaning to sound negative just saying tread carefully as it can be a mine field.
    Good luck with it all and keep us updated with the outcome mate :upyeah:
     
  5. While I understand your frustration, it's a bit Falling Down of a reaction isn't it? If you have the seat back, these things aren't fortunes, as above why not just stick it down to experience and move on :smile:
     
  6. Small anecdote which may help:

    Many years ago, as a student, I crashed my 400N Honda in Switzerland where I was living at the time. Couldn't afford the new bits to fix it, there was no eBay and the model wasn't imported into Switzerland so couldn't go to a breakers. So I arranged the purchase of second hand bits from a large company in Doncaster which shall remain nameless. To cut a long story short, the front wheel they sent was buckled and the yoke was so rusty that it required hours of cleaning by my mechanic (I had no workshop or tools). In fact by the time of the repair, I was back in England at Uni. I had to buy a new wheel in the end - impossible to fit the one I was sent.

    So I took the company to the small claims court as I couldn't get any sense out of them, for selling products of unmerchantable quality. When the hearing happened about a year later, I was back in Switzerland and had to fly to the UK (no cheap Easyjet then either) and go to Doncaster (not my neck of the woods anyway) to attend. The result was that my claim was thrown out as I only had one expert witness to say I had been sold crap and the magistrate wallah said I should have had two.

    Lessons learnt:
    1) Don't expect justice in a court
    2) Don't expect to win against Yorkshiremen when you're playing away from home
    3) Don't throw good money after bad
    4) No one cares about your points of principle, no matter how important they seem to you.
    5) Accept the bum rap, conserve time, energy and resources and move on.
     
    • Like Like x 2
  7. Thanks for the response and your concern. Some interesting facts you might like to know. Verbal is slander and written is liable but.... and heres the important bit, only if you state a falsehood. Everything I have stated in postings and youtube videos is 100% supported by email exchanges between this supplier and myself.

    My legal team, DAS legal, one of yhe largest legal groups in the UK, see no prblems with actions I have been forced to take to get satisfaction. They have also asked for a copy on dvd to use as evidence in pending court action. They have confirmed this morning that a contract agreed, as the supplier quoted and I accepted, the supplier breached that ageement and illegal attempted to solicit funds from me by refusing to return my seat. They will be launching small claims proceedings, whcih undoubtedly won't do this company any favours in judgement as a CCJ would be recorded against the company and just like CCJs listed aganist individuals, this affects credit ratings.

    I would rather avoid all of this but thats not my decision. The facts are the seat was sent back damaged, malicious or accidental, this company are still liable for its return to its original condition.
     
  8. Dont get me wrong mate i wasnt having a pop or doubting what youve said, i was just saying be careful.
    Hope it works out for you.
     
  9. Where did the rant post go?
     
  10. Hi guys, just quick replyy to all.

    Firstly, I'm not taking any postngs as any one having a pop, I just wanted to keep you all up to date and genuinely thank you for your interest and comments.
    I would like to address a couple of points though. The question over whether I should persue these people for returning my seat damaged or just be grateful to have it back and to chalk it up to experience.

    Firstly, brand new bike, brand new seat, now with damage that will only get worse with use. Not just as a matter of principle but a matter of useablility. Why should I put up with that. The upholesterer knew exactly what they were doing by sending the seat back damaged, they knew I'd have to get it recovered or replace the seat, just to be able to use my bike.

    To answer your question of costs...this company wanted £385 for a recover, admittedly in a different colour. I figure I agreed to and was happy to pay for having it recovered in a different colour leather. I have also obtained a replacement seat quote from OEM manufacturer, believe it or not, £352 plus vat just for the rider seat, so there is good finacial ground for a claim. As I have to recover or replace the seat, hence incurring finacial loss.

    I'm not simply claiming the morality high grounf but also the legal one. To be clear this experience has lead to my loss in confidence in sending a seat away for recover, although I also appreciate that this one probably doesn 't reflect the industry. You have to conceed the point though, once bitten twice shy.

    The matter would have bThe simplyeen dropped were the seat sent back in the condition of which it was sent to this company. In fairness I can't post all of the email correspondence for you to view, theres far to much of it. If I could you would follow the events in full and realise the extent of abusive I've suffered from them also.
    To start with they choose not to work on the seat after we agreed they would, they stzted they would send the seat back. They then decided to hold onto the seat, why...because they were demanding a payment before they would return the seat. They never even actually identified how much money they were demanding. I had to advise that I would get a court order to demand the return of my property, before the even engaged in sensible dialogue, before this it was abusive defamatory slagging off.

    To address the question of my second youtube video, I've taken it down in the short term ans the comoany were creating false youtube accounts to post negative slagging off comments again.

    I know you'll be asking, how do I know that? Well the text in the postings included specific details about the dispute, that have not yet been disclosed. These details existed only between the company and myself, I also checked the age of the these accounts and discovered they were created on 30th June 2012, coincedence, I think not!
     
  11. Hey Bradders, thought this was a much more behaved Forum than to have rants, i remember "Rock Jock" was it ? off Ducatisti was always going into one, became quite tedious in the end, we could all have a pretend rant instead ? :tongue:
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  12. Sorry for the spelling errors, the forum pages locked up and wouldn't let me edit it.

    I'd also like to thankyou for concerns over the costs wth taking it further. I have house insurance the covers legal costs, thats were DAS legal come in. I won't be incurring any costs at all. The case for court is clear and supported with email evidence. Given the disgraceful emails from this company, I took the precaution of videoing the unboxing of the returned seat, infact I shot the video an my tiny wife opened the box, you've all seen the video, do you think it is contencious, or simply what it is a constant video, with no editing, showing a damged seat.

    Finally, why should we, the little guys, have to put up with this type of treatment by ANY company? Why should a company be permitted to behave in such a disgraceful manner and end up costing us, the little guys, financial loss. Especially when we don't have to?
     
  13. 749si, gotcha, lol. Really not my intentions, sorry for getting drawn into it. My orignial posting was simply advice in the hope to help others avoid similar situations, altbough the thread was started for people to flag up companies they've had issues with, so others could make an informed decision about using them themselves.

    I shall leave it at that.
    Cheers
    Vamp
     
  14. Dont Dissagree at all and good on you for standing up for whats right and proper, its just that you here stories of this kind of situation where the aggreived partie seems to end up with no satisfaction and out of pocket because it rolls on and on.
    As i said, good luck with it, be interesting to see what the outcome is :upyeah:
     
  15. interesting thread but I would walk away from this and write it off as a bad experience

    sure you can prove seat was damaged when you received it back but can you prove that it was undamaged when you sent it to them for recovering - they will claim this

    if you bring a claim against them in court they will counter claim for breach of contract or some other fine print
     
  16. Thouht the rant was way off beam..and a little harsh (not the OP, the one that isnt there now where he wished them a slow cancerous death i think it was) but the be fair it was a proper over the the top job! Lol
     
  17. "I shall leave it at that."

    Shall we have a Fight anyway ? :biggrin::biggrin:
    Fight.jpg

    Hey Bradders wanna join in ??? just dont ladder me tights !!!

    Fight.jpg
     
  18. They're not foghting, the top bloke is going in for a snog!
     
  19. I wish you the best of luck and hope you win.

    Do let us know!
     
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