Getting refund from unresponsive online retailer

scarletmarmot

Hi moneysavers,

Please help, I need advice!

I bought an umbrella online from Smiths Sevenoaks, www dot umbrellasonline dot co dot uk, on 4 Oct 2010 for £18. I received the product, but it was not the pattern I ordered.

I emailed the company on 21 Oct to ask for help but got no response. I then called the company, who told me they could not offer a replacement in the correct pattern as they didn't have any in stock, but that if I mailed it back to them they would refund the purchase price plus cost of postage.

I did so. Heard nothing, and the refund was not made. Followed up by email on 27 Dec, no response. I then sent a written complaint requesting a refund on 1 February, asking for a response within 7 working days. I have heard nothing back, and have not been able to get an answer on any of their advertised telephone numbers.

It's a small amount, but on principal I don't feel I should pay for the returned product or the postage. I wish I had just kept the brolly now!

Is there anything I can do?

Thanks for your advice!

deanos

Did you sent it via recorded delivery ?

If not how do you know they actually received the item back ?

vikingaero

Strange.

The company is a physical shop on Google Maps. Whois shows Umbrellas Online to be owned by Chris Morgan who is a "non trading individual". Doesn't look good with an 0870 telephone number, and the inability to take credit cards over the phone. If they can take cards in store then why not by phone? Very few retailers have such restrictions unless something is dire. And I doubt they would last long in a town such as Sevenoaks without taking cards.

Smiths Sevenoaks have a myriad of online stores ranging from: thelaptopbag.co.uk, smiths-sevenoaks.co.uk, buspassholder.co.uk, keycases.co.uk, travel-wallets.co.uk, coinpurses.co.uk, manicure-set.co.uk, conference-folder.co.uk etc etc

I would send them a Letter Before Action giving them 14 days to pay up and issue a summons.

deanos

vikingaero wrote: »

I would send them a Letter Before Action giving them 14 days to pay up and issue a summons.

Even if you cant prove they got the item back ?

aheaton46

deanos wrote: »

Even if you cant prove they got the item back ?

How are they supposed to know if the item was received if the shop won't answer emails, letters or the phone?

Given that situation, what else would you suggest they do?

somethingcorporate

aheaton46 wrote: »

How are they supposed to know if the item was received if the shop won't answer emails, letters or the phone?

Given that situation, what else would you suggest they do?

Tracking via special delivery would tell you if it reached it's destination. If the OP cannot prove it was delivered they are going to have to chalk this one down to experience.

deanos

Recorded delivery would also let you know if its been delivered

vikingaero

somethingcorporate wrote: »

Tracking via special delivery would tell you if it reached it's destination. If the OP cannot prove it was delivered they are going to have to chalk this one down to experience.

You would expect the retailer to reply by phone, email or snail mail: "Sorry, item not received back."

halibut2209

The promise of a refund was given by phone. I am not optimistic.

unholyangel

Well DSR's state a refund must be given regardless whether they have received the item back or not. However, if they havent received it, they may counter claim for breach of contract.

However proof of posting should be enough (unless their website states it needs to be sent recorded for example) as from what i've heard from those "in the know", in small claims you only have to prove what is likely to have happened, not what actually happened. IMO proof of posting would be adequate.

Ofc if the OP has pop and the item wasnt received by the company, they could always claim via royal mail.

Kind of hard to tell though when the company wont respond! Which (again from what i've heard - never had to go through small claims before personally) the small claims may find in the OP's favour due to this, providing the letter was sent recorded delivery and was a LBA.

scarletmarmot

unholyangel wrote: »

Ofc if the OP has pop and the item wasnt received by the company, they could always claim via royal mail.

Sorry, what does the first bit of this sentence mean? Not up with the acronyms.

Thank you all. I stupidly didn't send the returned item or the letter by recorded delivery. Lesson learned. From your advice it doesn't sound like I have much chance of getting anything back from them now.

Scoundrels: 1, Marmot: 0?

The text of the letter I sent is below, not sure if this meets your definition of an LBA?

"Dear Sir or Madam,

Sale of Goods Act 1979 (as amended)

I am writing with regards the Swallows Open & Close Umbrella I purchased from you on 4 October 2010 for £18.00 which was not as described. I received a Rococo Floral umbrella instead of the Swallows pattern which I ordered. Further details to support my complaint are enclosed.

I emailed on 21 October to request a replacement product, but did not receive a response. I then telephoned for assistance, and was instructed that there were not any Swallows pattern umbrellas in stock, and that the only option was to post the umbrella back and receive a refund. I was assured by phone that a full refund including the cost of postage would be paid on receipt of the umbrella. I mailed the umbrella back, and awaited repayment, which did not arrive. I have since followed this up on 27 December and have again received no response. There is no answer by telephone to either of your published numbers.

The Sale of Goods Act 1979 (as amended) states that goods should be as described, of a satisfactory quality and fit for the purpose. As the umbrella is not, you are therefore in breach of contract and I would like to reject the goods and request that you issue me with a full refund of £18.00 including the return postage of £6.80, which makes a total refund of £24.80.

I look forward to a full response to my letter within 7 days or I shall seek legal advice in order to take the matter further."