Hi Guys
Its now formal, I've been conned, no engine no refund!!
Albert,
E & J Winter (Bolton Scale Models) changed ownership around two months ago. Your experience in ordering and paying for something, and not getting it delivered, was apparently common, and probably the reason that the previous owner went broke.
The new owner is Ben DeGabriel. If you've been contacting the previous owner using the old phone numbers or addresses, that is probably why you've been having no success.
The business still uses the same web address (
http://www.ejwinter.com.au), but is now located in Bathurst, and so now has a new postal address and phone number.
I've dealt with the new owner, and he seems to be a much better operator that the previous owner.
I know of one other person who ordered and paid for castings when E& J Winter was under prior ownership, and that person has also not received the paid for goods.
The legal advice that he received was that as Ben DeGabriel appears to have bought the business, trading name, stock, designs, patterns, and good will, it would appear that the new owner has an obligation to deliver the goods that you ordered and paid for. The reasoning being that you ordered the goods from the business (E & J Winter - Bolton Scale Models), and not from the individual who previously owned the business.
I'd strongly recommend telephoning Ben DeGabriel, and talking the problem through with him. Under Australian law, he can't fob you off by saying that you placed the order with the previous business owner.
If talking to the new owner does not work, and you paid by Credit Card or PayPal, make a claim for refund via your Credit Card Issuer (or PayPal as appropriate), on the basis that the goods have never been delivered.
I hope that information helps.
Regards,
Roy
