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New locomotive arrived damaged from 3rd party seller


Mar Mallard

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Just got my new Brunswick green Flying Scotsman with R3508TTS, a beautiful loco I have coveting for ages and with not working now due to Coronavirus I thought I would cheer myself up by spending money I don't have.  This is an old model (2017?) so I was lucky to find a new one from JDM Models.

 

It took forever to come and I was sure it was lost in the post and then it arrived today to my delight.  I had been so looking forward to it and was gutted that there was a small crack in the bottom of the front buffer beam and one sprung buffer was clearly seized and not working.  Then I noticed some shocking glue splodges on the buffer beam ladders like an amateur had broken them off and re-fixed them.  Then I found a loose, bent coupling rod in the box!

 

Seller has told me to send it back to Hornby to get it repaired/replaced, my question is, is this the best way forward?  Will they have any old stock and if not will they be able to repair it?  I just can't find another one of these and I went with my boy to see FS just before lockdown so it is quite a special model for me. 

 

We all need something to keep us going during these hard times!!

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To be fair they offered that but said it would be quicker to send it direct and they would pay costs.  JDM says Hornby will replace it but surely, being 3 year old model, they won't have any? 

 

I am a bit desperate for this model and even considered putting up with it as no chance of getting another one but everytime I look at it I see another fault.  Just noticed the whole right side of the cab is loose!

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I can't see it being too long before Hornby re-issue the Flying Scotsman in BR green again. It has to be their signature model. And I am sure the older versions will come up again in mint condition. 

 

£195 is a lot to pay for damaged goods.

 

I suppose you could try to contact Hornby Service Department, but as you say it is an old model. How they are currently functioning under the present circumstances is a point of uncertanty .

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JDM sold it to you not Hornby. It's their problem to deal with. The cost of the repair would be somewhat uneconomical, depending on what you paid for it.  

JDM are in their rights to give you your money back on return of the Loco, as they cannot offer you a replacement of the price that you paid for 'new' old stock.

You are stuck between a rock and a hard place, by wanting this 'affordable' Loco, and wanting it to be perfect.

Perhaps they may offer some discount on the price have already paid.

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I hope you didn't pay over the odds for the loco. They should do it for you but if you are happy to send it yourself that is up to you. You must contact Hornby first. I still think you should return it to JDM. 

It is the most I have ever spent on a loco, £189 + £6.50 delivery.  

 

Strange what you do with too much time on your hands :-D

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I can't see it being too long before Hornby re-issue the Flying Scotsman in BR green again. It has to be their signature model. And I am sure the older versions will come up again in mint condition. 

 

£195 is a lot to pay for damaged goods.

 

I suppose you could try to contact Hornby Service Department, but as you say it is an old model. How they are currently functioning under the present circumstances is a point of uncertanty .

 

Good point, they must re-release it, it is a stunning model.  It was  just within my grasp though...

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I wouldn't send it back to Hornby - its the retailers responsibility. Personally I'd send it back and get a mint second hand one on ebay - there seem to be plenty about with sound a lot cheaper. If it's got sound, its going to be recent and not a 1970's playworn model. Most people seem to take care with their models these days, all the stuff I've bought over the last 8 years has been absolutely mint.

Ebay rules used to be buyers and sellers had equal rights, but these days its very much skewed in the buyer's favour- if it ain't as described you get a refund no question.

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I wouldn't send it back to Hornby - its the retailers responsibility. Personally I'd send it back and get a mint second hand one on ebay - there seem to be plenty about with sound a lot cheaper. If it's got sound, its going to be recent and not a 1970's playworn model. Most people seem to take care with their models these days, all the stuff I've bought over the last 8 years has been absolutely mint.

Ebay rules used to be buyers and sellers had equal rights, but these days its very much skewed in the buyer's favour- if it ain't as described you get a refund no question.

 

It is really the Brunswick green R3508TTS that I want as it is absolutely stunning and the accurate representation of FS as she is currently liveried.  Also pre-fitted TTS always seems to work better even though I have fitted a few.  It's the annoying wires in the bottom of the tender that always interfere with the speaker when I do it!

 

R3736 4472 also looks lovely and the BR Blue one but I have my heart set on this baby!

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Yes, I did a scan of EBay and that version seems to be very rare. If you find one, they appear to be priced about the same as what you paid. Why don't you phone/email Hornby and see what they suggest, I think they probably are still working from home, at least you will then know what to do. Email is probably the easiest at the moment, they normally take at least two days to replay, so it may take a week given the current situation.

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So I just talked to Glen in Hornby Tech Services and for future reference he stated that They DO NOT FIX DAMAGED BODYWORK.  He said they would do the valve gear no problem but that is not the main problem.  He told me not to send it back to Hornby as I did not buy it from them, as you guys did.  Of course they don't have a that model in stock.

 

I have emailed JDM Models to see if they will pay for repairs at my local shop.  How difficult is it to fix a sprung buffer?  The cab just needs gluing back in place and the valve gear is fixable and hopefully does not need replacing.  Buffer beam crack and glue splodges I can live with.

 

This is a lot of hassle for an outlay of £195!!  Have any of you bought from JDM Models before?  Are they good people?

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I am not surprised about Hornby not fixing damaged bodywork, I doubt they have any replacement bodies. Funny though when I enquired about replacing a pantograph on a Bachmann class 86, they offered to sell me the pantograph or the body with it already fitted and it wasn't one of their current models. I would imagine your local model shop would just replace the valve gear that is the easiest and most reliable method. I don't know how to replace a sprung buffer, perhaps someone on this site does.

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@mar Mallard

Please do not use this Forum to try to gauge other people's views on a 3rd Party company, or any Company for that matter.

 

This thread has probably run its course now.  You have been advised whose responsibility it is to fix your Loco. At the end of the day, it is your decision whether you get it fixed, ask for a refund or just accept it as it is.

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All retailers will always try and bat it back to the manufacturer.

This is wrong.

The revisions to the consumer rights act of 2015 state that your contract is with the retailer. It is there responsinbility to ensure the goods you agreed to buy are as described and fit for purpose.

If not, you are entitled to a refund or exchange.

Additionally, section 75 of the act states that your credit card provider holds equal responsibility for that provision so if the retailer will not refund you, your credit card issuer must.

My usual tact is to get a nice email from a manufactutor representative stating that your claim is with the retailer, add to this a gentle reminder to the retailer of their responsibilities under the revisions to the 2015 act and strenusously and politely enforce your desire for a replacement.

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  • 3 weeks later...

The question here was about what to do when you buy a locomotive which is the last stock available of a coveted model and it arrives damaged?  How can it be replaced if none are left?  Do Hornby have older models still knocking about?  Can Hornby fix it if they don't have any in stock? 

 

I think these questions were answered along the way.  Obviously, the model shop cannot replace a model that is unavailable and Hornby can't either.  Hornby do not fix bodywork but they can replace parts such as wheels and coupling rods.

 

However, this thread went off on a bit of a tangent and I blame myself for that.  I think my question was interpreted as me being a helpless consumer being sent a dud by 'possibly less than scrupulous' model shop and them palming me off on Hornby.  Just to be clear it was not like that -  the shop knew I was keen to get the model quickly and they felt me sending it back to Hornby would facilitate a replacement quicker.  The shop never did anything wrong.  In the end, amazingly, JDM Models managed to find a brand new replacement for the faulty model, even though there was not a single one available anywhere I could find.  My experience with them was actually great and I do not want their name, which I mentioned several times, to have any bad press over this issue.

 

The beauty is purring around the track as we speak!!  Lovely model, I'm sure they will re-issue it time after time.

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