money taken- no goods

vicki+1

dh ordered a kinnect tv mount on 6th of jan from gamesbasement. Was sent a dispatched not on jan 10th. never arrived. spoke to games basement mid feb, first told it had never been dispatched then when i said ok well ill have a refund and cancel i was tol it had been dispatched and that i needed to fill in a missing items form., which must be hand completed. did this and posted, 2 weeks later still no refund.. emailed and apparently the missing items form never arrived. so i have just sent another one recorded delivery. Having since researched this company it seems they frequently don't dispatch goods and or give refunds. What shall i do next. item was £39.99 paid for in a visa credit card

halibut2209

Claim a refund under Distance Selling Regulations. Seeing as you have not had the goods, they are legally obliged to refund within 30 days regardless of whether the item arrives or not.

vicki+1

does it still count its more than 30 days ago that they alledge to have dispatched the item. Also its difficult since they are now denying that they have recieved the missing item claim forms, which they insist must be completed by hand

Equaliser123

halibut2209 wrote: »

Claim a refund under Distance Selling Regulations. Seeing as you have not had the goods, they are legally obliged to refund within 30 days regardless of whether the item arrives or not.

Disagree. Under DSR, there is still an obligation to return goods.

OP - just need to chase them. If need be, issue a small claims court claim for the cost on the basis that they have not fulfilled the contract.

halibut2209

You misunderstand me, of course you will need to return the goods if and when they arrive. But, under DSR, they are legally bound to refund you within 30 days whether or not the goods have arrived TO YOU.

Apologies for the confusion

halibut2209

Actually, seeing as it's been 30 days, the DSR covers this as well

3.17 If you cannot meet the 30 day deadline to deliver the goods or
perform the service, you must inform the consumer before the expiry
of the deadline. You and the consumer may agree a revised date
for delivery of the goods or performance of the service. But the
consumer does not have to agree to a revised date. If they do not
agree to a revised date, the contract must be treated as if it had not
been made, apart from any rights that the consumer has under it as
the result of the non-performance.

So if you refuse a revised date of delivery, the contract is not made and thus you are entitled to a full refund

halibut2209

Actually, that's probably inappropriate seeing as the goods are claimed to have been sent.

So look at this from consumerdirect

If goods are not delivered on time


The seller must deliver your goods by the agreed date. If no date was agreed, the seller must deliver within 30 days of the order being placed.
The seller should let you know if the goods can't be delivered on time. If you don't want to give the seller more time, the trader should reimburse within 30 days.
If the date for delivery has passed and you haven't received anything, treat it as though you had never placed the order. If you have already paid, demand a full refund.


Therefore after 30 days, demand a full refund

hairy_g

try and get your money back

http://www.freeindex.co.uk/profile%28games-basement%29_206206.htm



scroll down to see customer reviews

unholyangel

halibut2209 wrote: »

You misunderstand me, of course you will need to return the goods if and when they arrive. But, under DSR, they are legally bound to refund you within 30 days whether or not the goods have arrived TO YOU.

Apologies for the confusion

Not to be overly pedantic but OP can refuse delivery if they do ever attempt to deliver them and company cant treat this as a breach of contract so no need to return them as long as you dont accept them (which is useful to remember as some companies have customers pay return delivery fee's which is acceptable providing its in their T&C's).

Also from looking on google maps, it looks kind of dodgy. Interesting if you look up the domain on a WHOIS you get the name and address of a company matching another entry in companies house (with a different company number from CHILDS PL4Y LTD).

BattyMatty

Read my past posts about these guys. I would just let it go. Raise a claim with your credit card company (you're lucky you paid with that, I used a debit card). I attempted to get my money back with the small claims court, and all that resulted in was me spending even more money - by the time the bailiffs went around to the address, it was videogames and consoles ltd trading there instead of gamesbasement ltd, and so the bailiffs couldn't reclaim anything from them. It now looks like a company called childs pl4y ltd. is associated with the website.

Alichapman

I'm still waiting for a refund following non-delivery of a Wii Balance board ordered 30 January 2011. I have received emails acknowledging non-receipt of delivery form (I don't believe they ever had item in stock to deliver) and that refund will be paid in 3-5 days. Every phone call is another promise that refund will be made, that finance department cannot speak to customers, that no manager is there. I paid £39.99 by debit card and have probably therefore lost my money. There doesn't seem to be any way of getting money back from this company, but they are still trading online at gamesbasement dot co dot uk. Every other review site is full of really angry customers. Is there nothing that can be done?