Nuttalls of Chester - no idea whats going on

AnnCM14

NeilF3485 wrote: »

In my experience (issued a claim against a landlord for non-return of a rental deposit) getting judgment after failing to file an admission or defence (with or without counterclaim) only takes a couple of weeks.

However; once judgment is granted the defendant can still then apply for it to be set-aside. You would then have to go to local court to argue the case in order for judge to decide whether or not to allow it to be set-aside (I fear they usually allow it, mine was allowed purely because the defendant didn't put correct postage on the defence forms and so they were sent back - apparently ignorance can be an excuse!). Defendant could then file defence and the process would then continue.

Need patience for something like this, can be a long and frustrating process, but generally if you're in the right then you can be confident of a good outcome.

Only other word of caution is that even if you secure judgment, if they don't pay it can still be difficult to force them. CC bailiffs rarely levy on goods, and if someone says "i'm not them" will often just walk away. Also issuing a warrant costs a few more quid (although will be added to the debt).

p.s. It's irritating that the spell check flags "judgment" as an incorrect spelling!
p.p.s This just my opinion/experience and others may well disagree - they usually do

Our Collins Concise dictionary/thesaurus states that it is perfectly acceptable to spell 'judgment' either with or without the 'e' - which I think you will agree is a tad confusing?

NeilF3485

I always thought that it was the context in which it is used which determines the correct spelling. In legal context I have always been under the impression that without the "e" is correct. Not really too fussed with either spelling, just know that without the "e" is definitely acceptable, so the spell check annoys me Should probably worry about more important things!

halibut2209

That explains the delay in The Rapture.

akarsu73

This forum had some amazing advice, thank you to all you folks who very kindly focus attention on what works best.
I attempted to purchase online from nuttalls 26/1 the line of excuses for the item never being received is blamed generally on foreign suppliers. I have legal protection insurance so am pursuing with their help as i paid by debit card and not credit card... also reported the problem to consumer direct who have in turn forwarded it to trading standards for investigation. They advised a more friendly general approach but unfortunately i went for the quoting laws and subsections of their failure to meet contractual obligations. Probably have to send another one to the registered address just to cover all basis.
Lame excuse for delay and as everyone pointed out still offering the choice on the web site.
It is very upsetting that it takes so much effort to recover money or the item wanted in the first place.
Searching the company their alleged profit/capital for last financial year appears to equate to £1..yeah right.... so can't see much success as it's a Ltd company also so the responsability can be washed away in formality and red tape.
I did search the web for basic info before placing the order and not much was available then. Seems since January more info and unhappy customers are surfacing every day.
Local gossip of the area said the main director has several companies, jewellery, gold and building to name but a few. Wish I knew then what I know now... I have absolutely nothing positive to say about this company and how it conducts its business and customer care. Someone received my money for supplying nothing and has had it for 5 months or more...I won't give up until I receive it back.
Best of luck to all parties trying to do the same !!

wealdroam

akarsu73 wrote: »

i paid by debit card and not credit card.

Then perhaps you should ask your card issuer for a chargeback.

At the bottom of MSE's article on Section 75 refunds is a section on debit card chagebacks.

Also mentioned in posts #7, #33 and #35.

AnnCM14

akarsu73 wrote: »

This forum had some amazing advice, thank you to all you folks who very kindly focus attention on what works best.
I attempted to purchase online from nuttalls 26/1 the line of excuses for the item never being received is blamed generally on foreign suppliers. I have legal protection insurance so am pursuing with their help as i paid by debit card and not credit card... also reported the problem to consumer direct who have in turn forwarded it to trading standards for investigation. They advised a more friendly general approach but unfortunately i went for the quoting laws and subsections of their failure to meet contractual obligations. Probably have to send another one to the registered address just to cover all basis.
Lame excuse for delay and as everyone pointed out still offering the choice on the web site.
It is very upsetting that it takes so much effort to recover money or the item wanted in the first place.
Searching the company their alleged profit/capital for last financial year appears to equate to £1..yeah right.... so can't see much success as it's a Ltd company also so the responsability can be washed away in formality and red tape.
I did search the web for basic info before placing the order and not much was available then. Seems since January more info and unhappy customers are surfacing every day.
Local gossip of the area said the main director has several companies, jewellery, gold and building to name but a few. Wish I knew then what I know now... I have absolutely nothing positive to say about this company and how it conducts its business and customer care. Someone received my money for supplying nothing and has had it for 5 months or more...I won't give up until I receive it back.
Best of luck to all parties trying to do the same !!

"Trying for a refund from Nuttalls of Chester"
I wanted firstly to wish you a very sincere good luck with the chargeback - general advice seems to be that this is the way to go if you either paid Nuttalls with a debit or credit card - I wish now that we had settled our money to them via this method, instead of through PayPal, which caused complications that you will see if you read my earlier posts. So far, we have received an admission from Nuttalls that they owe us the debt and we have now gone back to the Court to request judgement - this being that Nuttalls settle their debt to us immediately, although, what immediately means as far as Nuttalls is concerned, remains to be seen! I note your comments that you have contacted Consumer Direct and through them to Trading Standards. I have also been along this route with our own issues with Nuttalls and in the past week, I have sent a letter to the Office of Fair Trading, my reason being that I want as many official bodies as possible to know how Nuttalls are treating their customers. Should you feel inclined to drop the OFT a line, their address is :Enquiries & Reporting Centre, Office of Fair Trading, Fleetbank House, 2-6, Salisbury Square, London. EC4Y 8JX. Once again, good luck with your chargeback.

AnnCM14

Update on our Court case against Nuttalls: Having received from the Court an admission from Nuttalls for the full amount they owe us, we had to apply for 'judgement' - this being that we wanted the whole amount, including court costs, to be settled to us immediately. This judgement was issued to Nuttalls on 3rd June. Today my husband received an email from Nuttalls, saying how sorry they were that our refund had been delayed (yeah right!) and that because they "no longer use the acquiring merchant bank that our original payment was processed through, they cannot use this method to authorise our refund" They then went on to suggest that "we contact our credit/debit card issuer who would reclaim the refund on our behalf". Unfortunately, there is only one main problem here, this being that we originally paid Nuttalls through Paypal (debited directly from our bank account). In addition and even if it was possible to ask our bank to retrieve the money from Nuttalls, the bank would only take back the original amount - which of course would be minus the Court costs and the additional charges to cover telephone calls and 2 recorded delivery letters - clever Nuttalls! I therefore got on the phone and was surprised to find that my call was actually answered - by "Debbie". I explained to her quite frankly that even if we could go down the aforementioned route, we have no intention of doing so, because the amount Nuttalls owes us now includes Court costs and I stated most emphatically that the amount quoted on the 'judgement form' is non-negotiable. I also pointed her to the form they have received from the Court, where it states that payment is required immediately - not in another 3 months' time, otherwise we will go back to the court again and issue further proceedings. I'm hoping that she finally got the message - watch this space!.

Captain_Oats_2

I have been dealing with Nuttalls for around 3 months now (which upon reading these forums, doesnt seem to bad!) and finally received my refund on Friday through the debit dispute department of Lloyds TSB.

Basically my story seems to follow a similar pattern of paying for the goods and then being fobbed off everytime I tried to contact them. If I had left it to them to sort my refund I dont think I would ever have seen it, but Lloyds have got me my money back within a few weeks and I can now relax! As easy as it is for me to say this now that I have my money, I urge everyone to remain patient and keep on at this poor excuse for a company.

Sneezy

Just rec'd the form from my cc company and have printed ff the correspondence they have sent me and it's now ready to go back....fed up of being fobbed off now. Cheaper jewellery isn't worth this hassle.

Anyone else noticed that their website is down?

AnnCM14

Following on from my last post here dated 8th June, we have found that Nuttalls were still intent on further delay in settling our Court Order - now we know why! This morning we've received a letter from "Baines & Ernst" stating that the Director of Nuttalls of Chester "has taken the decision to place this company into creditors' voluntary liquidation". As a direct result of this, the letter states that "The Company are unable to honour our Court Order".
I've spoken to Paypal who were as good as useless, saying there is nothing they can do - because we didn't open a dispute within the first 45 days - when Nuttalls were happily using their delaying tactics under the guise of "their 30 days terms and conditions". We will be speaking to our bank to see if they can either assist in getting our money back - or offer any meaningful advice, but it now appears that our Court order isn't worth anything at all!.
As the previous post here correctly states, the Nuttalls website now shows as "Currently Unavailable" which will obviously become permanent. But what makes me really angry about all this, is that the director(s) of Nuttalls will most likely be able to carry on trading under another company name and start ripping people off all over again.