How do I get my money back?

Mivesy

I had the misfortune of ordering a TV from I WANT THAT GIFT' in August.

After 2 weeks of hearing nothing I rang them on the 10 September 2009 to cancel the order and refund my money to my Visa card.

I still haven't got my money.

I contacted NOCHEX on the same day (emailed) and asked them for a refund (as it was their name that appeared on my credit card bill).

I have since contacted Consumer Direct and they sent me a template letter mentioning The Consumer Protection (Distance Selling) Regulations 2000.

I was told to send it recorded delivery. I actually sent it 2 weeks ago yesterday and god bless Royal Mail it still hasn't arrived!

I've been promised 3 times now that they will refund the money. The latest being this week when I was told it would be in my account in 3 or 4 days.

They have been using NOCHEX as an excuse for the delay so I've been on their case aswell. NOCHEX emailed me today to say I WANT THAT GIFT are doing the refund!

Anyway I'm not confident at all about this refund especially now that their website is down and they aren't taking phone calls!

Does anyone know what my next step should be? I'm giving Consumer Direct a ring in the morning. I thought I was covered using my MBNA card but a call to them has thrown me when they said the use of this 3 rd party (NOCHEX) to make the payment makes them exempt form a section of the law which escapes me right now.

Any help or advice would be greatly appreciated.

The_Pedant

Doing a quick search showed up a .co.uk site with that name. There also appears to be an eBay store with the same name. Are these the people you're on about? It's a little worrying as the domain for the former is currently reporting as suspended.

If these are the same people, then there is an address on the eBay page. Judging by the number of companies registered at that address though it might well be just a forwarding office.

If there doesn't appear to be any joy with the 1st letter, I'd send a second one as a 'letter before action', giving them 14 days to respond to your original emailed request for a refund.

Could could try sending one letter with just a proof of posting, and another by special delivery. Special delivery is tracked more than recorded. That way you should either get a signature or the letter returned. Recorded, in my experience is sometimes just dropped off as normal post.

If you need to take it further, then I think courts usually accept both as suitable proofs of posting. It might also be worth contacting trading standards, to see if they might have any records of them (if you can track down the correct region for the seller).

As for the card, section 75 protection. I believe it has to do with the fact that you contract with Nochex as an intermediary in transferring the money. The card payment is therefore made to them. They then forward that to the seller and have therefore fulfilled their obligations. You would only be able to reclaim it if they did not pass it on. What happens after that involves parties the card company has no direct dealings with, and therefore outside of the protection offered.

Mivesy

Hi thanks for the advice.

Rang consumer advice this morning who advised sending another letter as you have advised and give them 14 days to reply.

Yes, the company you found on Ebay is the same one. I've also found out they own a company called TVsDirect2U. Which is also geting very bad reviews.

We've got the police calling tomrorrow as we've rang them saying this company is dealing in fruadulent activities.

Does anyone know the postal address from iwanthatgift? I know from memory it's in Runcorn, Cheshire.

Thank again

The_Pedant

Ok, looking at eBay: I want that gift - eBay - Contact Us
Gives details of:-
I Want That Gift
Office-58-60 Berners Street London W1T 3JS Company Registration 04942214

Looking at Companies House for that registration gives:-
TOPSTOCK (HINCKLEY) LTD
58-60 BERNERS STREET
LONDON
W1T 3JS
Company No. 04942214

Which seems to tie up with this thread:-
http://forums.moneysavingexpert.com/showthread.html?t=1986459&page=4

If they have taken your money, and not delivering or responding to post then having the police involved certainly can't hurt. Some of that information (all the addresses from the company's legal filings) may be of interest to them.

Mivesy

If I made my payment to NOCHEX is it worth pursuing them for the refund? I can't confirm this at the moment but I've heard when you make a payment to NOCHEX they hang onto the money up to 6 months before they pass it on to the retailer.

So would it seems reasonable to get the refund direct from them instead?

Problem with IWANTHATGIFT is the last message I got from them last tuesday was, they would issue the refund to my credit card in the next 3 or 4 days. How do they have my credit card details? I would assume only NOCHEX have that.

I've just sent NOCHEX another email so see what they have to say.

I found the address for IWANTHATGIFT. It's Suite 3, Victoria Buildings, High Street, Runcorn, Cheshire, WA7 1QS. The director is John Barrett.

I've added this bit on as I can't be the only one who has been treated like this!

cleo1299

Mivesy wrote: »

I found the address for IWANTHATGIFT. It's Suite 3, Victoria Buildings, High Street, Runcorn, Cheshire, WA7 1QS. The director is John Barrett.

I've added this bit on as I can't be the only one who has been treated like this!

Apparently you're not. See http://www.sitejabber.com/reviews/www.iwantthatgift.co.uk

Mivesy

Yes I've just seen that aswell.

The latest is we are now serving papers on them through HM Courts Service.

I see the website is back up. I've sent a few more emails requesting my refund.

IWANTHATGIFT have previously told me they are going to refund my money but how?

They don't have my credit card details!

KeithP

Mivesy wrote: »

IWANTHATGIFT have previously told me they are going to refund my money but how?

They don't have my credit card details!

Maybe they are going to do the refund via NOCHEX.

I.e. they refund to NOCHEX, NOCHEX then refund to your credit card.