Some serious advice needed

[peteroldracer]

I am in the middle of a serious dispute with a large store: a long tale, but in essence I say they have misrepresented goods, failed to honour claims made in their literature, and are trying to duck out of replacing the faulty goods and/or doing anything to compensate me for the problems.
Who do I turn to?
Is there a department that deals with this, or can anyone recommend an honest lawyer to pursue the company?
They are in Málaga, I am nearer to Velez-Málaga.
If I were to make a poster detailing what they have done and not done for example, and picket the store, can they stop me?
The sums involved are around 900€ for the item, plus many hours of trying to get them to do something.

[markwilding]

Firstly, You should try to resolve the dispute with them by talking to them.It's seems that you have already passed this situation. You need to return to the shop and ask for the Hojas de Reclamaciones and take it to your local consumer office.They will look into the case and shops are required by law to answer and investigate.
You don't say how long ago you bought the goods or what the problem is but if the goods are faulty and you've had them for less than two years, then you should have a case.

[Devils Advocate]

Out of interest Peter could you say what the goods were? "Misrepresented" can cover a lot of things and can be subjective, as opposed to faulty goods which speaks for itself.

Maybe others here have the same product and could compare notes with you.

[katy]

Peter I went through the procedure some years ago with a large bill for car repair. Got ask for the hoja at the company concerned, they are legally obliged to have it. What we call the complaints book is actually a pad. There are 3 copies, 1 for the company, 1 for the consumer office and your copy. On the form is a section asking what is the outcome you are wanting eg. refund repair etc. There is a timescale in which they have to reply, 15 days?

When I asked for the book the Manager was very abusive and threw it at me. On the 14th day they rang to say I would get a refund. Many companies do not like official attention being pointed at them for various reasons such as IVA/tax deficiences!

[peteroldracer]

I had better give a synopsis - sorry it goes on a bit: I decided to buy a garden shed, and having studied Bauhaus' brochures and looked at the show models, picked the "Oslo" model. The price was 779€ plus 73€ transport to my home, total cost 852€, or roughly 2 months of my old age pension!
The brochure says "Podrás montarias tú mismo perfectamente, haciendo uso de tu creatividad....Facil montaje gracias a módulos de ensamblaje perfectos. Nuestras casetas de jardin son conjuntos modulares completos,...los tableros de madera maciza para el suelo y el tejado, el material de montaje y los herrajes....las ventanas son de vidrio auténtico..." and there are diagrams showing that the planks slot together, even showing roofing felt being applied. In very small letters on the subsequent pages it says "entrega sin tela asfaltica". The small print on the back of the brochure says "Para montar y ensamblar estos productos son necesarios conocimientos técnicos. Lea atentamente el manual de montaje".
I placed the order with Bauhaus Málaga (BH) on 4th July, allowing for about 10 days for delivery this meant it should be with me as my partner's son arrived to help me for a few hours whilst here on holiday - BH advised it would take about a week for it to reach them, then they would call and advise actual delivery date. 8th July BH rang, said delivery Weds 13th - I told them must be no later than lunchtime as I had to go to the airport to collect family.
13th, nothing by noon, so I started to try and get in touch with BH - no reply twice, got through 2pm, girl says she knows nothing. Rang 2.30, another girl said would find out. She rang back at 3, saying lorry had broken down, delivery would be Friday. Friday, no sign, tried several times to ring BH but no-one picks up phone before Movistar cuts call. Eventually get through, BH say delivery will be tomorrow (Sat) no explanation. Sat urday, lorry delivers package(!).
Sunday 17th, open pack to get instructions (nothing in pouch on outer packing) find manual in centre of lots of planks - in German! Decide to press on and sort parts until I can talk to BH for manual in English or Spanish.
List shows pack contains 948 parts, plus a large bag with several types of screw, large bag of nails, other long nails, handles for door etc, all unmarked with any key as to which to use where.
Monday 18/7: try to call BH - no reply despite constant trying, so I email to Touman in Finland (who make the things) and a UK agent, asking if I can download a manual in a language I understand. Start to lay out parts as instructed in manual and tyr to understand German with Babelfish translations.
20/7 try again ring BH - no replies, so I email them in Barcelona, explain problem, ask for help.
Later that day José Maria Aguilar (head of sheds, Málaga) emails me to say will try to get PDF manual sent.
21/7 Email comes with part of manual in Spanish PDF. Read this, and research internet, find video on UK agent's site (which helps).
Go out to shed, to find it difficult to get planks to fit together as the wood of lots of bits has warped and twisted. Over weekend of 23/24th have given up on any chance of BH answering phone, so continue efforts to build. Finally abandon it, as wood now so bad it breaks if I try to slot it together.
25/7 Email complaint to BH, with lots of photos of the distorted wreck that should be a shed - ask what they are going to do about it.
26/7 nothing.
28/7 José rings, says it is my fault, that sheds must be built to completing roof level within 2 days of opening pack....I point out that nowhere does it say this, or if it does then it would be in German, so I would not understand it. He still says it must be my incompetence, and says he will send men to put it together but that I must pay. I refuse, say this shed will never go together, and ask that he replaces it with new. He says he will send techician to examine it.
29/7; 30/7; 31/7; 1/8; 2/8 nothing - no contact at all
3/8 I send email to BH asking what is happening
4/8;5/8;6/8;8/8 - still no word
9/8 I send email to MD of Tuoman complaining about shed and their sales outlet - they reply saying it is for me to sort out with Bauhaus.
10/8 nothing
11/8 Tecnico calls me - will come look at shed tomorrow.
12/8 Tecnico (not employee of BH but contractor) comes, examines shed, agrees it will never go together, repaets that it should have been put together within 2 days, but agrees this was not possible, takes many more photos, speaks to BH (using my phone as his is Vodaphone and useless where I live) says he will go back and report, they (BH) will contact me promptly (!)
Girl from BH calls me (speaks good English) says they will examine and she or her colleague Linda will call me either later that day or tomorrow to say what they will do.
12/8 and 13/8 - surprise - no call, but do get email from Hans Wiesner of German agent who sell sheds to Bauhaus Spain - sympathetis, says will try to help get it sorted.
15/8 nothing from BH, further email from Hans, says he needs to talk to one man who can do something, but he on holiday until Sept 5th!
16/8 nothing
17/8 email from BH Málaga: they say they have had no problems except with me, will offer to sell me a new shed at half price, and they will put it together for additional 300€! I reject their offer.
So much for "easy to put together...read the instructions..."
Is it me? Because they seem determined to blame the customer - the word "Sorry" has not emerged from anyone at Bauhaus.
As a final insult the same shed is on sale at the German outlets for 649€...

[peteroldracer]

Update: 18/8: email from Bauhaus saying (at last!) they are sorry - but only that I feel their offer not good enough. They asked me to suggest what solution would satisfy me.
I replied, saying that due to all the stress, trouble and problems their incompetence has given me, I expect them to supply a new shed, with their techicinas to assemble it, and as some form of compensation that it should include supply and fitting of roofing felt. They should also take away all the faulty shed.
They have just replied saying that this is unacceptable and that I must take what action I feel I must. Their offer was the best that they can do.

I think it is time I made out some large placards with details of their abysmal service, with photos, and positioned myself outside their front door during shop hours - every day until they do something.
It might be a way of finding out if their claim that is only me that has had problems is true?
I should add that technically I have worked for MFI, and assembled showroom flat-pack models: have installed fully-fitted wardrobes; and have designed and installed a complete new kitchen (including appliances, floor and wall tiles and plumbing) in our previous home in the UK, and do not regard myself as a numpty!

[Martin Page]

So it shows how powerfull the complaints book, Hojas de Reclamaciones,can be !
Very often just asking for it can resolve a dispute .. it did for me with Carrefor. on minute we were in full argument at the counter. I stoppped dead - colleted my thoughts and then very calmly just asked for the Hojas. things just went sureal after that ... si senor. no senor - no problema - sorted ...
no need to fill in the form .. just the threat can be enough.

.... but watch out that they dont trow it at you !!!

[Martin Page]

Perhaps you didnt see things from their point of view Peter .. maybe if you had been a bit more consilutory you would have got something out of it .... now they have called your bluff !

..you have lost !

[markwilding]

You definately need the Hojas de Reclamaciones.It's a really powful tool.

I believe that there must be instructions in the language of country of purchase.

One thing that is for sure that the onus is on the seller to prove there wasn't a fault at time of purchase. this is a clear rule under Spanish consumer law.

You shouldn't need á lawyer and my suggestion is to follow the rules yourself or you might get into problems if you start to picket the shop when all you really want is a resolution to the problem

[katy]

Peter I think the most you can reasonably expect is a new hut and try to install it yourself.

I once had a bad outcome with the complaints book. Bought a pack of vacum cleaner bags from Worten. I had to ask which were the ones for my model as wasn't sure. The dependiente assured me the ones she chose were correct. They wasn't, didn't fit. They refused to change them because the packet was opened!! Despite challenging the person who told me which to buy they still refused. Signed the hoja and received a certificated letter a few days later stating law something and turning me down for refund. Was only about 7 euro but it was the principle They lost businees though as I used to buy most electrical and computer stuff from them.

[markwilding]

In the end that´s what you have to do..vote with your feet. Whenever my wife or I have had a problem which was difficult to resolve,We have stopped shopping there, even if it's for only a year.

I still believe though in Peter's case,If he follows it through in the correct manner,he'll have a sucessful outcome.

Not sure if he'll win the part about someone coming around to build it for him for free though

[Devils Advocate]

I think you shot your self in the foot starting to build it with the "warped" planks you've admitted you found and lack of destructions . I'd not have offered a screw to it and have told them to take it back. They will stand their ground obviously now as it's undetermined in their minds how this damage occured.....if it were untouched I think you'd have had more of a leg to stand on, in fact I'm convinced you would have. Take any offer they come up with and move on.

Sorry about that and I do hope you get the shed up eventually.

[peteroldracer]

Can anyone who has had to use the complaints form tell me what the layout is please?
I mean how much space is available and does it have to be in Spanish?
I am well aware that I must complain about solid things wrong with the goods and/or the marketing descriptions, but want to prepare well before going there.
DA - when I started the build, the planks did not appear warped - this only became obvious after the delay caused by their not instructing me properly. The "must be in 2 days" is written nowhere, needing clients to be psychic.
Aa a last resort I am going to tell them that I would accept a new shed, and removal of the junk they have supplied, at no cost.

[julian]

if I was in charge of the shop I would let you picket the store, I would supply you with an area outside the store with no shade where you can demonstrate all you want from 2pm to 5pm.
if you hadn´t been so unreasonable with your demands you would have had all this solved ages ago.

if you have any pride at all write the complaint in spanish, or is that too difficult after all these years living in spain?

[Devils Advocate]

Not like you to offer sympathy

[peteroldracer]

I took the unusual step of taking you off "ignore" Julian: you have definitely become too Spanish - one of the reasons that customer service and quality of goods is so poor here is the reluctance of many Spaniards to complain. Maybe there were too many years of not being able to get much that they have a mindset of being grateful for anything?
I hope you buy something for many hundreds of Euros, find the documentation useless, and then suffer many many days of not being able to talk to them and being ignored. Let's see at what point you get "unreasonable".
All I want is what I should have got - an easy to assemble shed.

[julian]

I know what I would do with his warped planks as well...but I may get 4 years if I post it on the internet !!!!

[julian]

"I took the unusual step of taking you off "ignore" Julian"
POA..you read each and every one of my posts, stop pretending !!

"you have definitely become too Spanish"
at least I have become spanish enough to be able to write in spanish !!

"and being ignored"....proof of karma

try a different approach, in a polite friendly manner,in spanish.... you´ll be amazed at the results !!

[katy]

Peter, there is not much room on the sheet, maybe a few lines. Though best to be clear and concise. The marbella one had English for details like name NIE etc. The part that asks what conclusion you want would be better in spanish. Write it out before you go. I would go for a refund. Wood should not warp as quickly anyway, it's the place they store them, probably been there for months.

[Devils Advocate]

Did you need planning permission or a license for the shed out of interest? It's just that after reading the posts on this forum over the years I'm lead to believe you need a license to change a door handle.......in some towns