Are ModRail still in business?

 
  Gremlin Assistant Commissioner

Sent a couple of emails 10 days ago about a model paid for in March, haven't received a reply....just wondering...?

Sponsored advertisement

  Gremlin Assistant Commissioner

So, don't know if anyone else has received an email from Modrail, but it appears that they have financially collapsed, the models are not likely to be produced and there are no refunds forthcoming.

That is a précis of the email from Geoff Langridge....
  kingfisher Chief Train Controller

So, don't know if anyone else has received an email from Modrail, but it appears that they have financially collapsed, the models are not likely to be produced and there are no refunds forthcoming.

That is a précis of the email from Geoff Langridge....
Gremlin

It doesn't seem right that their web site is still up and running.
  Gremlin Assistant Commissioner

To be fair, the letter suggested that their preference would be to produce and deliver the models, but that the likelihood was vanishingly low.  It was a very detailed email and I won't reproduce all of it here.  I do feel sorry for them...and me Sad
  David Peters Dr Beeching

Location: "With Hey Boy".
I would have thought by law that refunds would have to be made on models not supplied. You advertise it in good faith you either deliver the models as described or give those that ordered and paid for models their money back. This could be construed as gaining money under false pretences really. Oh and to any bush lawyer I am only generalising here about false pretences part, the other part is chiseled into the law though. If you cannot supply what the customer wants then a refund in full must be made of any monies used to pay for said non existent models etc. All pre-payments like this are supposed to go into a special fund or account for just this kind of thing, so that those that ordered and paid in full in advance etc can have their money fully refunded if the company goes through the hoop!
  FirstStopCentral Chief Train Controller

I would have thought by law that refunds would have to be made on models not supplied. You advertise it in good faith you either deliver the models as described or give those that ordered and paid for models their money back. This could be construed as gaining money under false pretences really. Oh and to any bush lawyer I am only generalising here about false pretences part, the other part is chiseled into the law though. If you cannot supply what the customer wants then a refund in full must be made of any monies used to pay for said non existent models etc. All pre-payments like this are supposed to go into a special fund or account for just this kind of thing, so that those that ordered and paid in full in advance etc can have their money fully refunded if the company goes through the hoop!
David Peters


If the business goes bankrupt, you are just one of the many creditors and a long way down the pecking order...

Paul
  Roachie Chief Commissioner

Location: Kadina SA (formerly NSW)
It depends how the item was paid for.....

If you paid by credit card then the company's merchant (ie: the supplier of their credit card merchant facility) can be called upon for a chargeback and you will receive a refund (in due course).

Start by contacting YOUR own credit card provider to get the ball rolling.

Roachie (retired NAB manager....had nearly 40 years with them).
  Kevin Martin Chief Train Controller

Location: Melbourne
I would have thought by law that refunds would have to be made on models not supplied. You advertise it in good faith you either deliver the models as described or give those that ordered and paid for models their money back. This could be construed as gaining money under false pretences really. Oh and to any bush lawyer I am only generalising here about false pretences part, the other part is chiseled into the law though. If you cannot supply what the customer wants then a refund in full must be made of any monies used to pay for said non existent models etc. All pre-payments like this are supposed to go into a special fund or account for just this kind of thing, so that those that ordered and paid in full in advance etc can have their money fully refunded if the company goes through the hoop!
David Peters

All well and good, but if there is no money, how much are you going to spend chasing it, with no guarantee of success?
  Gremlin Assistant Commissioner

And in this case, I paid using PayPal and....surprise...they don't want to know about it.  If it isn't disputed within 45 days, then tough - you can't dispute non-delivery at all or get your money back.

I pointed out to PayPal that the scheduled delivery from the vendor was more than 45 days after payment was made; they don't care...
  Aaron The Ghost of George Stephenson

Location: University of Adelaide SA
If the money is gone, then the money is gone, you can't just have them give it back, you can chase it through a court if you like, but if they have no money you're only spending money for no chance of return. Roachie's advice is good to a point, but not even the chargeback is guaranteed, once again, if there are no funds what are they charging against?
  Coastboy7 Locomotive Fireman

Hi, yes, roachie is correct (and from a fellow financial institution employee) . If the item is paid via a credit card, and not supplied, the client can request a charge back from their own bank, which means they their bank requests the funds back from the merchants bank, who in turn try and get the funds back from the merchant.  Obviously proof needs to be provided of the whole chain of events.  If the company has gone bust, the merchants bank is responsible for the refund.  The process does take time, buts that the rules of the card payment system.  The risk is in the merchants bank assessing the risk of future dated transactions involving the merchant.  They can mitigate the risk by requiring funds on a "bond" type basis or the bona fida s of the merchant.  Nab was burnt big time in one of the largest charge backs in australian history (as reported in the media), when Ansett went bust and they had to refund millions to people who had used their credit card and not recieved their flights.  Not aware of any statute of limitations on these transaction.
  Gremlin Assistant Commissioner

The particular issue that riles me is that Paypal tout themselves as a safe financial institution, with "world leading" (their words) buyer protection.

Except they say that, in cases like this, even though PayPal had the financial relationship with both parties and was the financial intermediary, they say they are not interested in providing protection in this case...or similar cases.

So, the lesson is not use PayPal for transactions that will have a delivery more than 30 days in the future.
  comtrain Chief Commissioner

Location: Near Albury Wodonga
The particular issue that riles me is that Paypal tout themselves as a safe financial institution, with "world leading" (their words) buyer protection.

Except they say that, in cases like this, even though PayPal had the financial relationship with both parties and was the financial intermediary, they say they are not interested in providing protection in this case...or similar cases.

So, the lesson is not use PayPal for transactions that will have a delivery more than 30 days in the future.
Gremlin

PayPal must be smarting at your and many others remarks They notified today that the safety zone has been extended to 180 days
Cheers
Rod
  Gremlin Assistant Commissioner

Not retrospectively unfortunately!

I did point this out to them, but they have a clever mechanism to avoid contact: their contact page.

If you try to lodge a dispute, they won't accept it because it is lodged outside their dispute period (45 days).  If you try to challenge them, you get into an automated email war that says they can;t do anything unless you lodge a formal dispute, and when that is rejected you reply to their automated email to complain which directs you to their automated dispute lodgement process which.....you get the idea.

And you can't contact them by phone as they won;t talk but insist that you lodge an online dispute which...and around we go again. Sad
  comtrain Chief Commissioner

Location: Near Albury Wodonga
Not retrospectively unfortunately!

I did point this out to them, but they have a clever mechanism to avoid contact: their contact page.

If you try to lodge a dispute, they won't accept it because it is lodged outside their dispute period (45 days). If you try to challenge them, you get into an automated email war that says they can;t do anything unless you lodge a formal dispute, and when that is rejected you reply to their automated email to complain which directs you to their automated dispute lodgement process which.....you get the idea.

And you can't contact them by phone as they won;t talk but insist that you lodge an online dispute which...and around we go again. Sad
Gremlin

I wonder if the Financial Ombudsman or Consumer affairs can bludgeon their way in?
I had a similar problem with EA games. Bought a game and three future updates (Deluxe Edition) at a great price. Money went in straight away, but the download turned out to be 1.5 gig and two upgrades another 1 gig ech. Could not play without going on line and then MUST upgrade. Ran out of download bytes and had to wait 3 weeks for a new allocation. When I went back in, I was deleted. When I reopened the account, I had a ban placed for breaking some rule, but I got the same runaround as PayPal gave you and Consumer Affairs failed to help,   Big Business out to rip you off every time, as far as I can see. Try to raise a complaint with a mobile phone issue in Victoria. You cant apparently.
Cheers
Rod

Sponsored advertisement

Subscribers: comtrain, Gremlin, Kevin Martin

Display from:   

Quick Reply

We've disabled Quick Reply for this thread as it was last updated more than six months ago.