Offered refund but now being ignored

Fuzquia

My girlfriend bought a bouquet of flowers from https://www.britishbouquets.co.uk and when they arrived the flowers were dead. The packaging/wrapping was a disgrace. They also claim 'free chocolates with every order', however no chocolates were with the order.

So as per their website terms, she took photographs of the dead flowers (approx 1hr from when they arrived) in order to show 'documentary evidence'. She emailed the company with images attached.

They replied saying they would issue a full refund and agreed dead flowers (shown clearly in the photographs) were not acceptable. However since this time, they have not issued any refund, are not replying to any of her emails and she has tried for over a week to call the number on their website (which also happens to be an 0870!) but there is no answer.

Is there anything she can do? The website is still live and taking orders?

derrick

Fuzquia wrote: »

My girlfriend bought a bouquet of flowers from www.britishbouquets.co.uk and when they arrived the flowers were dead. The packaging/wrapping was a disgrace. They also claim 'free chocolates with every order', however no chocolates were with the order.

So as per their website terms, she took photographs of the dead flowers (approx 1hr from when they arrived) in order to show 'documentary evidence'. She emailed the company with images attached.

They replied saying they would issue a full refund and agreed dead flowers (shown clearly in the photographs) were not acceptable. However since this time, they have not issued any refund, are not replying to any of her emails and she has tried for over a week to call the number on their website (which also happens to be an 0870!) but there is no answer.

Is there anything she can do? The website is still live and taking orders?

As you have "documentary evidence", (your with the attachments e-mail will be dated, as will their reply), that they will refund you, then they should do so, you should e-mail them back citing their e-mails and the SoGA, "not of merchantable quality", or "fit for purpose" or "as described", (the 3 requisites under SoGA), and that if you do not receive a refund in the next 10 days you will sue through the small claims court, then do so.


You can try this number from the "saynoto0870" site instead of the 0870 number., it might be answered as " British Balloons", or "Express Gifts" ; - 01698 828088

Fuzquia

update: (advice appreciated!)

Girlfriend received a reply stating 'sorry we have been closed for a 2 week holiday, I will arrange for your refund now' type email so she wanted to wait to see if a refund would be given.

So quite a bit of time passed before she contact them again and she has now received this reply:

"This company has recently been taken over by ourselves, all previous refunds are with the former owners.
I suggest you instruct your bank to perform a charge back to them to receive any money owed.

I apologise for any inconvenience caused."


So do you think this is genuine or are they simply giving her the runaround? Can she simply contact her bank to do a chargeback? Can she still claim through small claims if the company has genuinly been taken over?

Smiley82

Hmm, it seems the website is actually run by a company called 'Send Flowers from the Heart Limited' - and a quick check on Companies House website doesn't reveal much......

SEND FLOWERS FROM THE HEART LIMITED
22 BACKBRAE STREET
KILSYTH
G65 0NH
Company No. SC347099

Status: Active
Date of Incorporation: 14/08/2008

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
None Supplied
Accounting Reference Date: 31/08
Last Accounts Made Up To: (NO ACCOUNTS FILED)
Next Accounts Due: 14/05/2010
Last Return Made Up To:
Next Return Due: 11/09/2009
They appear to be a very new company, and haven't yet filed any accounts.

You could get the directors information for £1 from the companies house website, which would tell you if the directors have changed lately?

You could try sending a recorded letter to the address above, including previous correspondence, and requesting a copy of the transfer of ownership documentation showing that the business has changed hands?

vicshippers

Sounds like a lot of work just to give someone the 'runaround'. If she has paid by credit card then do the chargeback, if not then start the small claims paperwork.

KeithP

vicshippers wrote: »

Sounds like a lot of work just to give someone the 'runaround'. If she has paid by credit card then do the chargeback, if not then start the small claims paperwork.

Careful with the Small Claims stuff.

If the old company has been taken over by a new company, then I think you need to still claim from the old company as it is they that owe you.
The problem is that the old company may no longer exist, and may have no funds to pay you with. Therefore not much point in taking them to court (small or not).
:beer:

DVardysShadow

KeithP wrote: »

Careful with the Small Claims stuff.

If the old company has been taken over by a new company, then I think you need to still claim from the old company as it is they that owe you.

But the old company is owned by the new company, so the new company must pay.

KeithP

DVardysShadow wrote: »

But the old company is owned by the new company, so the new company must pay.

Oh, I didn't know that.
How do you know that?

One thing I do know though...
If you are using the small claims process, you must make sure that you are claiming from the right organisation.
This thread may give some idea of the importance of targetting the right company.