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DJDeckstands non delivery

Hi

This is my first post so I hope it is in the correct section.

I ordered a Deck stand for my son from djdeckstands. com in December. after a few weeks I contacted them and they assured me it was going to be delivered by the end of the week. This same thing has happened week after week after week from then on.

They always have the same answer to me asking when its going to be delivered. They have no telephone number on their site and my only form of contact is via email or live chat.

I have tried to get my money back via my bank but because the company used NOCHEX my bank can do nothing to help. My local trading standards will not help as I am not on benifits so my only option is small claims court.

I need to send them written notice giving them 14 days to deliver or refund but have since found out that the po box address they have displayed on their web site is non existant!

The address on the who is site is coming up saying the company has been dissolved, but they ARE still trading and taking peoples money!!

Please can anyone advise on what I do now?

Thank you

Sarah
«13

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    http://whois.domaintools.com/djdeckstands.com

    shows an address without a PO Box in Redditch.

    Use that for your letter before action.
  • Do I still send it there even though that address is showing as company dissolved?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    arkangel1 wrote: »
    Do I still send it there even though that address is showing as company dissolved?
    What says company dissolved?
    I don't see that.
  • Saw it here
    intared-directory

    Cant post links hope this works
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    arkangel1 wrote: »
    Saw it here
    intared-directory

    Cant post links hope this works
    Oh... no idea. Never heard of that website.

    Anyway, here is a link to that Intared-directory entry.
    May help someone to help you.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    edited 21 April 2011 at 6:47PM
    It can't have been voluntarily dissolved if it has traded within the last 3 months
    Criteria for Voluntary Company Dissolution

    In order for a company to apply for voluntary dissolution it must meet the following conditions and criteria:
    It must have had the same name for a period of at least three months. If the company has changed it name, it must wait until the three month period has lapsed.
    The requirement only exists for the company’s official registered title name and does not relate to any business name it trades under.
    It must have been a dormant company with no significant transaction or trading activities for a period of thirteen weeks.
    The winding down or otherwise curtailment or downsizing of operations within this period is not sufficient for it to qualify for voluntary dissolution under the current criteria.
    Within the last three months, it must not have engaged in any of its normal trading activities or sold any of the goods or services which formed part of its usual business services when it was active.
    Items which were incidental to the company carrying on its trade may be liquidated.
    This means it has either been fraudulently dissolved, or possibly gone insolvent and in the hands of administrators - which would make you another creditor. However, it looks like the website is still treating to trade, which I'm pretty sure is rather illegal.

    I think you may need to take court action against the company directors.

    I don't think this story will end well.
  • It looks like it was dissolved a while ago:

    http://wck2.companieshouse.gov.uk/2dcd08615242b0b644fa7625ff701be9/compdetails

    This was back in 2009. As they are still trading they cannot be trading under the banner of a limited company. Once a company is dissolved, its members lose limited liability protection and are trading in their own personal capacity. This means that the person you have to take to court is the person who owns the business (who is now probably a Sole Trader). I would start by ringing them and finding out who has that liability. This also may be on your receipt or invoice. By the way, if they issued or even displayed themselves with ltd or limited in their name they are breaking the law.

    Send this letter to the company in question. Keep a record of it and send it recorded:

    "[FONT=Arial, Chicago][FONT=Arial, Chicago]Dear Sirs,

    I refer to my letter dated the date to which I have received no reply. I enclose a copy of that letter for your information.

    If I do not receive a full refund within the next seven days, I will have no alternative but to issue proceedings in the County Court without further notice.

    If it is necessary to pursue this course of action, please note that I intend to pursue a claim for a full refund, plus interest, together with any incidental costs incurred.

    Yours faithfully, "

    [/FONT]
    [/FONT]Give details in the letter as to how you should be refunded.

    If that doesn't work then you will need to proceed with an application in Small Claims Court in which case follow from Step 2 here: http://www.tradingstandards.gov.uk/wirral/countycourtindex.htm#letter

    Good luck!
    If my post helped you in anyway, please hit the "Thanks" button! Please note any advice I give is followed at your own risk!
  • omen666
    omen666 Posts: 2,206 Forumite
    1,000 Posts Combo Breaker
    Am sure I remember a post about them on here a couple of years ago with the same issue of not delivering
  • Hi there,

    I am new! I was googling djdeckstands and I saw this page so I felt I had to sign up and tell you my story so far.

    First off, I was googling them because I made the mistake or ordering from them. I have had repeated promises of dispatch and delivery. Promises that its actually been dispatched and enroute. It was to be delivered Today 27thApril2011 but they sent an email at 5:59pm to tell me that it would be delivered the day after on Thursday 28thApril2011.

    Here is a censored version of my chat I have just had with them via the live chat link. I've censored out my name, their web link and my order number.

    10:17:31 AM [sarah] Welcome to djdeckstands.com! how may I help you?
    10:17:35 AM [DJ] Products - Order #**** Can you tell me if this order has been dispatched?
    10:19:01 AM [sarah] I'm just going to access your account details. This may take a few moments, so please bare with me.
    10:19:13 AM [DJ] ok
    10:23:28 AM [sarah] yes , this was sent and delivery was re-arranged and you were emailed yesterday
    10:24:07 AM [sarah] this is being delivered tomorrow now
    10:24:08 AM [DJ] So this order will be delivered by 6pm on Thursday 28th April 2011?
    10:24:19 AM [sarah] that is correct
    10:24:33 AM [DJ I have requested the courier details twice. I haven't been emailed them.
    10:24:59 AM [DJ] Can you look on your system and tell me who the courier is the the tracking number please.
    10:25:09 AM [sarah] will get these over to you this week
    10:25:24 AM [sarah] sorry this afternoon
    10:26:09 AM [DJ] Can you tell me the contact details for djdeckstands. How I make written contact with the company.
    10:27:16 AM [sarah] Certainly please write to customerservice (at) djdeckstands (dot) com reference Thomas.
    10:27:38 AM [DJ] No, a physical address where to send a written letter to.
    10:28:19 AM [sarah] Oh im sorry yes its Djdeckstands, P O Box 13359, Redditch , B97 9DQ.
    10:28:46 AM [DJ] 1 more thing. Does djdeckstands trade as a sole trader or a ltd company?
    10:29:41 AM [sarah] Sole trader
    10:30:14 AM [DJ] Can you tell me who this is that outright solely owns the business that trades as djdeckstands
    10:32:05 AM [sarah] im not allowed to give personal details , however my manager is Thomas - if you have any query please feel free to cont him to which he will respond - is there anything I can look in to for you at all ?
    10:32:51 AM [DJ] Ok. So you are refusing to give me the details of the person who solely trades as djdeckstands, Is this correct?
    10:33:14 AM [DJ] Not even their name?
    10:35:15 AM [sarah] I personally can not give personal details thhis is the same for most companies I know and have worked for in the past, my job is customer facing so im here to help you thus leaving anyone at a higher post than me to continue with what they are employed to do - if I can help or assist you in anyway then that is what I shall do for you.
    10:35:33 AM [DJ] Ok thanks for your information.


    So my stand is due to be delivered tomorrow. Yeah right! When it doesn't arrive, I shall tell them via their live chat that I wish to cancel this order. It's outside of the 30 day statutory limit. I too paid with nochex, I shall request that my payment is refunded. They will tell me that this will take 30 days.

    Lets see what tomorrow brings.

    DJ
  • arkangel1
    arkangel1 Posts: 8 Forumite
    I too was told my deckstand had been collected and was being delivered on the 27th April, I received another email on the 26th saying it was delayed and would be here on the 28th. I spoke to them via their web chat and explained that I had to take a day off to wait in....

    [debbie] Welcome to djdeckstands.com! how may I help you?
    [arkangel] May I have a tracking number please for my order number ****
    [debbie] I'm just going to access your account details. This may take a few moments, so please bare with me.
    [debbie] ive just contacted the correct department and they have advised me they will email them over to you
    [arkangel] i was told this on tuesday but didnt get anything other than an email saying it wasnt being delivered yesterday but today instead! Is it coming today?
    [debbie] this is what your account advises
    [arkangel] you promised me last week that you yourself would oversee this and make sure it was sent out, have you any way of checking that it is being delivered today or have I taken a day off for no reason?
    [debbie] I dont have your tracking details , but the other department will be able to confirm this with you
    [arkangel] can i have a contact number for the other department or courier please
    [debbie] they will be contacting you shortly via email
    [arkangel] I don't believe they will as like I said I was told this two days ago and nothing! I was also told several times a manager will be in contact but this never happened either!
    [arkangel] I am sure you could give them a call and get the delivery tracking number
    [debbie] Im Afraid I cant , as advised they will be emailing you shortly with the details


    We are just hitting our heads against a brick wall I'm afraid!!
    I am going to send an email requesting a refund and if that doesn't happen maybe we could work together to take them to court??

    Sarah
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