19 replies to this topic

[rocky500]

I had brought a Demo model Harman Kardon AVR255 from Paul Bourke from Home Theatre Australia.
It was faulty from the get go, so I took it into J.W. Electronics here locally who do work for convoy Aust (Distibutors for HK in Aust)
Now it came back to me still faulty. Took it back.
Same thing over and over for more than a year. I had it in my pocession for all of a couple of days in this time.
Finally Convoy agreed to refund as they found the fault.
Unfortunately it seems Convoy refunded Paul Burke.
I have waited over another 6months to finally be told that he is denying the refund.
The Repair shop has proof from Convoy of the refund but now Paul will not return their calls.
Today I call them to see whats happening and the Repair shop now says for me to call him and chase up the money.
I am not sure where to go from here.
Anyone?

Edited by rocky500, 20 December 2011 - 12:12 PM.
Surname was incorrect

[mikizee]

I'd maybe contact the Office of Consumer and Business Affairs and find out exactly what your rights are and what the seller's obligations are. Once empowered with this info you could approach the seller, advise them of their obligations by law, and if they still refuse then it's time to take the matter to small claims court.

I may be mistaken though. We need someone with a better grip on consumer law than I have.

[Bus_Boy]

This isn't a court matter, the money is yours and no one elses. Call the Police , he has something of yours, and you have the proof. Have him charged witan unlawful possession and then have the police issue a warrant for them to enter the premises and reclaim your goods, i,e your money, before this bloke turns out like that other guy (can't remember his name) ran off with everyone money and equipment.

Dealing with the Police will be quicker and far more effective.

If this Paul bloke is at a loss as a result then it it HIS responsibility to take it up with the supplier. The retailer is responsible for the consumer, the supplier is responsible for the retailer.

Ask any of the forum sponsors, i'm sure they will agree.

Edited by Bus_Boy, 19 December 2011 - 08:56 PM.

[LogicprObe]

Geeze, I wouldn't have waited that long.
I'd be onto Fair trading straight away.

[joz]

Geeze, I wouldn't have waited that long.
I'd be onto Fair trading straight away.

Agreed, this guy is just hoping you'llngive up and then he's free.

[Zaphod Beeblebrox]

Ultimately, the retailer is responsible for selling you a saleable product. That is regardless of any warranty offered by a manufacturer or distributor. Your first call should be to the relevant consumer authority.

[rocky500]

Thanks for the responses guys.
I like the idea of the police, so might try and contact Paul first and let him know what I plan on doing.
It was only $450 when I brought it, so not sure if that is too low in value for the police.

[Bus_Boy]

The value of an item doesn't make it irrespective of the law.

Edited by Bus_Boy, 19 December 2011 - 08:53 PM.

[Telecine]

I had brought a Demo model Harman Kardon AVR255 from Paul Burke from Home Theatre Australia.
It was faulty from the get go, so I took it into J.W. Electronics here locally who do work for convoy Aust (Distibutors for HK in Aust)
Now it came back to me still faulty. Took it back.
Same thing over and over for more than a year. I had it in my pocession for all of a couple of days in this time.
Finally Convoy agreed to refund as they found the fault.
Unfortunately it seems Convoy refunded Paul Burke.
I have waited over another 6months to finally be told that he is denying the refund.
The Repair shop has proof from Convoy of the refund but now Paul will not return their calls.
Today I call them to see whats happening and the Repair shop now says for me to call him and chase up the money.
I am not sure where to go from here.
Anyone?

You should have asked for a refund from the get go. The goods must be reasonably fit for the purpose that they are sold. It clearly wasn't. Never mind.

Who has the receiver now? Is it the repair shop? They appear to be the repair agents for Convoy Aust.

[Monkeyboi]

Sorry to read about your bad experience rocky500. It kind of makes a mockery of their claim on their website which reads "At Home Theatre Australia Pty Ltd we aim to provide SUPERIOR sound & vision as well as excellent customer service. You can expect personalized service as well as after sales follow-up." Clearly it would appear they didn't live up to this claim at least on the latter parts.

I realise it is of cold comfort now, but returning the faulty amp ASAP after realising it had issues would have been your best course of action. As already pointed out, goods must be fit for their intended purpose. Obviously this amp wasn't. The retailer should have offered a new replacement, refund or at minimum a store credit to the value of the full price you paid for the item. AFAIK that's still the law.

It would appear that even after being placed on notice HTA have decided for one reason or another not to replace or refund. IMHO not good kudoes. This thread alone would put me off having anything to do with the company. They've lost me as a customer and I've never been into their showroom.

Hope it gets resolved to your satisfaction in the near future. If it were me I'd be writing to Harmon Kardon advising that the retailer in question isn't doing anything to enhance the reputation of their product here in WA. It might fall on deaf ears as IIRC a SA SNA member had a similar but not exactly the same problem with a HK CD player.

Cheers,
Alan R.

[rocky500]

I thought at the time it was a great purchase at a very reduced price still with the full warranty.
I kept getting strung along that I would get a fully working unit.
I was really hoping that they might replace it with a newer model, since the one I had was no longer available. Thats why I hung in there.
Convoy now has the unit after they refunded.

From what I gather Paul is no longer with Home Theatre Australia.
My only contact with Paul was when I went to his house to buy the HK from him.
I have not contacted him since I brought it and from your help at least I might have a chance once I mention I will be involving the police as he refuses the refund.

Edited by rocky500, 20 December 2011 - 12:39 PM.

[LogicprObe]

If you have a receipt/tax invoice, they should have refunded to you.

[Telecine]

I thought at the time it was a great purchase at a very reduced price still with the full warranty.
I kept getting strung along that I would get a fully working unit.
Convoy now has the unit after they refunded.

From what I gather Paul is no longer with Home Theatre Australia.
My only contact with Paul was when I went to his house to buy the HK from him.
I have not contacted him since I brought it and from your help at least I might have a chance once I mention I will be involving the police as he refuses the refund.

Sit down a write a chronology of events. Dates are important if you can ascertain them. If not, terms like in early May etc will do. This will come in handy later.

Do not contact the former employee of Home Theatre Australia at this point. (I have a particular reason for this suggestion. PM me if you want to discuss it).

You also need to find any receipt or ticket given to you by the repairer. If you can, obtain a condition report from them outlining what the problem is that they have found.

Do you have a receipt issued by Home Theatre Australia? If so, I recommend that you contact Home Theatre Australia at their offices and tell them what has transpired. I am sure that they will be very interested. Offer to provide the chronology of events and a copy of the condition report from the repairer, together with copies of receipts. Advise them that the repairer has kept the receiver following the refund. Ask for a refund on the basis that the receiver has never worked correctly and is therefore not fit for the purpose that it was sold. Do not accept a credit and do not agree to contact the former employee yourself.

If you do not have a receipt issued by Home Theatre Australia, the chronology of events will be important. For example:

On or about date x, I saw a HT Receiver advertised on the Home Theatre Australia website.
On date y, I contacted Home Theatre Australia by phone at their offices and spoke to X.
On date z, I arranged to collect the receiver from the home of employee X. X issued me with a receipt dated z and provided warranty registration forms for me to complete. etc

Let us know how you get on.

Edited by Telecine, 20 December 2011 - 08:26 AM.

[datafone]

Some good advise above...

Good luck with it all

[biologist]

From what I gather Paul is no longer with Home Theatre Australia.
My only contact with Paul was when I went to his house to buy the HK from him.
I have not contacted him since I brought it and from your help at least I might have a chance once I mention I will be involving the police as he refuses the refund.

This would have rung alarms bells for me. It sounds very suspect indeed....

[rocky500]

The Amp was advertised as a demo model with warranty in the local Quokka. He said it was there demo model and it would have full warranty.
He printed me a computer receipt from MYOB? but it did not have a letterhead. I still have his business card with him as Managing Director of HTA that he gave me once I mentioned about there being no letterhead.
It was good enough for the repair shop as they deal with him. I thought he told me it was his business (HTA).

Thanks Telecine. I think the repair shop has all the details as every time I called, they could see all the history building up each time. I will ask for a copy if possible. They do seem helpful.

I did start noting my calls.
19th July 2010 recieved unit back from Convoy. Still same problem
1/3/11 Been told it went back to Convoy.
24/3/11 - Waiting on Convoy.
31/3/11 - Waiting on Convoy still.
8/4/11 - Convoy mention that can not find a fault with it. Told them to try turning it off and on a few times.
13/4/11 - Might get back to me in a few days to tell me how its going
30/6/11 - Repair center will chase up Convoy
20/7/11 - They will contact Convoy again to see what is happening
1/8/11 - Waiting on Money. Credit given to seller.
7/11/11 - Waiting on Seller to advise he has refund.
19/12/11 - Now advise me to contact seller(Paul) direct for refund
-----------------------------------------------

[Telecine]

Rocky,

Ask the repair shop to provide you with the proof that the refund has been given. They should be able to get you this document.

Based on what you have said, I think that you have a case that Home Theatre Australia sold you the Receiver.

It is vitally important that you document in detail what occurred in that transaction, including any representations made that the seller was acting on behalf of Home Theatre Australia. Once you have done that and gathered the receipts and condition report, go see Home Theatre Australia about it and ask for a refund. You might be pleasantly surprised.

Edited by Telecine, 20 December 2011 - 05:13 PM.

[wolster]

..and I would staple the business card to the receipt.

[rocky500]

..and I would staple the business card to the receipt.

Good idea, but I'm still looking for the receipt. I know I have it.

[yardley]

i would still contact the ministry of fair trading also. this fella seems like a real sleez bag...