Refund Problems

millwalll

Update

I got a reply from the company they sent me the keyboard back saying unfortunately we are not responsible for errors on your part the goods supplied to you were requested and of working order the sales of goods act covers you only if incorrect items were sent.

we did originaly offer to take your item back minus a restocking fee however as you have chosen not to accpet this there is little else we can do. if your unsatisfied with this desision your next course of action would be to seek legal advice and proceed to a small claims court. this is unlikely to be successful as paypal have already found in our favor and as i am sure your aware they base their desision on consumer law. Please also be awar that we will request our addition legal cost to be taken into consideration.

NO ONE SHOULD USE THIS COMPANY http://www.atlantishc.co.uk/atlantis-canterbury-contact.html

pinkshoes

But if they keyboard was not as the description (i.e. wrong colour and wrong fitting), then why did paypal side with the the shop??

millwalll

I really dont know I tried to ring them ask them and they said becasue I provided information it could be my fault. What seems crazy as if i went into a shop and said I nee this and they sold me the wrong thing I could take it back. To me this is the same thing!

garth549

Did you inform them you wish to cancel within 7 working days of receiving the keyboard?

If so it will be fairly straight forward to claim the money back through the small claims court: https://www.moneyclaim.gov.uk/web/mcol/welcome

I think it costs £30 for a claim under a few hundred pounds (unless the fees have gone up). This £30 is added to the cost of the claim - ie will be recovered from the defendant if you win.

Send them a letter threatening court action stating you cancelled under DSR and legally they must refund you the full cost including delivery. Give them 14 days to pay up and then file a claim. Dont just bluff, make sure you go through with it. Its unlikely they will contest it due to the costs involved. Make sure you get a correct legal argument in the particulars of claim.

Optimist

millwalll wrote: »

Update

I got a reply from the company they sent me the keyboard back saying unfortunately we are not responsible for errors on your part the goods supplied to you were requested and of working order the sales of goods act covers you only if incorrect items were sent.

we did originaly offer to take your item back minus a restocking fee however as you have chosen not to accpet this there is little else we can do. if your unsatisfied with this desision your next course of action would be to seek legal advice and proceed to a small claims court. this is unlikely to be successful as paypal have already found in our favor and as i am sure your aware they base their desision on consumer law. Please also be awar that we will request our addition legal cost to be taken into consideration.

NO ONE SHOULD USE THIS COMPANY http://www.atlantishc.co.uk/atlantis-canterbury-contact.html

That response is all bluff and a irritating attempt to bully.

I am not sure why paypal ruled against you if all you have stated is correct. I can't really see the judge taking the paypal decision into consideration. Nor will they get their legal costs paid if you go through the small claims

Call their bluff and take them to court also report them to trading standards.

Dont worry about the court small claims is very easy to do and given your a private individual and they are a business it will go to your local court and they will have to travel. they cant claim against you for that either.

d123

millwalll wrote: »

Update

I got a reply from the company they sent me the keyboard back saying unfortunately we are not responsible for errors on your part the goods supplied to you were requested and of working order the sales of goods act covers you only if incorrect items were sent.

It's nothing to do with the Sale of Goods Act, you should have arranged the return under the Distance Selling Regulations.

we did originaly offer to this is unlikely to be successful as paypal have already found in our favor and as i am sure your aware they base their desision on consumer law. Please also be awar that we will request our addition legal cost

something went wrong in your Paypal dispute, possibly you disputed under the wrong heading or erroneously admitted fault.

You should have filed a SNAD dispute, ie you bought a new item and was sent second hand, but irrespective, a Paypal decision has no effect on any possible small claims court decision.

millwalll

d123 wrote: »

It's nothing to do with the Sale of Goods Act, you should have arranged the return under the Distance Selling Regulations.



something went wrong in your Paypal dispute, possibly you disputed under the wrong heading or erroneously admitted fault.

You should have filed a SNAD dispute, ie you bought a new item and was sent second hand, but irrespective, a Paypal decision has no effect on any possible small claims court decision.

I contact consumer rights and they told me to send the letter regarding the sales of good act. It just starting to get on my nurves a bit now all I want is a refund I should not have to go thought all this to get one. I am gonna ring paypal ask them why he won and also compain as this second time ive lost out becasue of paypal and there decision grrrrrr

Mark_Hewitt

millwalll wrote: »

I got a reply from the company they sent me the keyboard back saying unfortunately we are not responsible for errors on your part the goods supplied to you were requested and of working order the sales of goods act covers you only if incorrect items were sent.

It's not Sale of Goods Act you are returning the items under, it's Distance Selling Regulations, and these allow you to return any item for any reason (or no reason), including changing your mind on a whim if you so desire.

we did originaly offer to take your item back minus a restocking fee however as you have chosen not to accpet this there is little else we can do. if your unsatisfied with this desision your next course of action would be to seek legal advice and proceed to a small claims court. this is unlikely to be successful as paypal have already found in our favor and as i am sure your aware they base their desision on consumer law. Please also be awar that we will request our addition legal cost to be taken into consideration.

But of course they are entirely wrong!

millwalll

I just rang them they said only way is to take it to small claims court. And spoke to Paypal too, they said they review it again and I just got keep my fingers crossed that they put it my way.