Should I have been refunded by now?

vicx

I placed an order on FoxyLocksExtensions.com on 11th August. My item was showing as dispatched on 12th August by Royal Mail Recorded Delivery.

The item still has not arrived. I have tracked the order on the Royal Mail website with the tracking number supplied but I get the following message:

Recorded Signed For™ items are only tracked after the item has been delivered. Depending on whether the item was sent first or second class, this may be a few days after posting. Please try again later.
Information on your item is not yet available online.



I have contacted the seller by eMail and did not receive a reply about 1 week so I opened a ticket with Nochex hoping they would help recover my payment.


The seller replied asking me to wait until 2nd September which I did and the item still has not arrived so I emailed again and this is the reply I received today:

Hello,

Thank you for your email.
We are very sorry that your order has still not arrived, we can open a claim against the Royal mail to have your funds returned to you but normally a claim would not be opened for at least 30 days from dispatch date as the royal mail take longer to respond to any claims under 1 month old as they know that 90% will be returned to sender or redirected to the recipient.
Please let us know if there is anything further that we can assist you with as we would be more than happy to help. Have a lovely day!
Kind regards


Now it is just me or am I actually being fobbed off here? The problem is getting dragged out and I feel this is very poor customer service.

Do I really have to wait until the seller receives a refund from Royal Mail? What if the seller receives compensation from Royal Mail but does not refund me? I paid more for the item than Royal Mail would pay out in compensation so if the seller does pay up it could only be what Royal Mail pay out.

Nochex told me to open another ticket if I did not receive a resolution by 2nd September which I have done and awaiting a reply. I'm not sure if they will help recover my payment like Paypal or if they just contact the seller regarding the problem.

Anyone know where I stand here?

Thanks in advance.

fluffnutter

Reject the goods under the Distance Selling Regulations. They have 30 days to refund you after which point you can threaten them with small claims court, death etc.

vicx

fluffnutter wrote: »

Reject the goods under the Distance Selling Regulations. They have 30 days to refund you after which point you can threaten them with small claims court, death etc.

I don't think the seller knows what she is talking about or she is just fobbing me off with false information about Royal Mail claims.

I did reply and stated I would be taking matters further if I do not receive a refund by the end of today. I was thinking of taking it to a small claims court but I wasn't sure if it was too soon.



I wonder if Royal Mail would accept a claim from me as the recipient, I know both the sender and recipient can make a claim but I won't have the receipt of posting to support my claim. Thinking about it, would the seller have this proof since she is a business seller - she may print her postage labels online and have the recorded delivery labels to stick on herself but that isn't proof the item has been posted?

arcon5

fluffnutter wrote: »

Reject the goods under the Distance Selling Regulations. They have 30 days to refund you after which point you can threaten them with small claims court, death etc.

:rotfl:

To op,

it is not your responsibility to make a claim with royalmail, and I doubt they would payout to you without proof of postage or proof of how much the item cost.

The seller is blatantly fobbing you off with this royalmail nonsense. Their claim with RM is their business not yours, they should refund you then take it up with RM themselves.

Do as the above post advised, explicitly cancel the order in accordance with DSRs via any tangible form (email, registered post for example).

If they haven't refunded within 28 days, send a Letter Before Action stating your taking it to court.

Then do just that.

After all this, this is the lesson:

Don't use Nochex! They are a big pile of doo doo due to their lack of protection.
For peace of mind, in future use a credit card (or atleast visa debit) for extra protection. this way you can take it up with the card company rather than court nonsense.

vicx

arcon5 wrote: »

:rotfl:

To op,

it is not your responsibility to make a claim with royalmail, and I doubt they would payout to you without proof of postage or proof of how much the item cost.

The seller is blatantly fobbing you off with this royalmail nonsense. Their claim with RM is their business not yours, they should refund you then take it up with RM themselves.

Do as the above post advised, explicitly cancel the order in accordance with DSRs via any tangible form (email, registered post for example).

If they haven't refunded within 28 days, send a Letter Before Action stating your taking it to court.

Then do just that.

After all this, this is the lesson:

Don't use Nochex! They are a big pile of doo doo due to their lack of protection.
For peace of mind, in future use a credit card (or atleast visa debit) for extra protection. this way you can take it up with the card company rather than court nonsense.

The reply I received today regarding the Royal Mail nonsense has really annoyed me. :mad:

If she really thinks her customers have to wait until she puts in a claim with Royal Mail and receive compensation before refunding payment then she should not be running a business.

I was very hesitant about placing the order since there was no option to pay through Paypal (only Nochex) but after reading her Facebook fan page and seen many happy customers I decided to place my order.

I was hoping Nochex would be able to recover my payment but it seems very unlikely, possibly the reason why she only accepts payments through Nochex.

I paid with my Visa Debit, does anyone know if my bank will be able to do a chargeback? I will call in to my local branch to ask but it won't be until Thursday.

bod1467

Chargeback may be problematic ... because you paid Nochex who then paid the retailer. As such Nochex performed their duties correctly. (This same logic also applies for Paypal BTW).

vicx

bod1467 wrote: »

Chargeback may be problematic ... because you paid Nochex who then paid the retailer. As such Nochex performed their duties correctly. (This same logic also applies for Paypal BTW).

I can't see why my bank wouldn't be able to or refuse to do a chargeback. If they recover my payment then it would be up to Nochex to recover the payment from the seller, surely Nochex will be able to recover the payment the same way paypal does?

shaun_from_Africa

bod1467 wrote: »

Chargeback may be problematic ... because you paid Nochex who then paid the retailer. As such Nochex performed their duties correctly. (This same logic also applies for Paypal BTW).

It doesn't make any difference if they payment went via Nochex or Paypal.
The only time this is a consideration is if you are considering trying a "section 75" claim.

A credit or debit card chargeback can easily be done providing it is within the terms of the card issuer, and if you read the ebay help pages you will see that chargebacks are done many times even if the payment was via paypal.

bod1467

Seems I was confusing chargebacks with section 75. Thanks for clarifying and apologies to OP for any misinformation.

wealdroam

For earlier instalments to this saga...

https://forums.moneysavingexpert.com/discussion/3434191

vicx

wealdroam wrote: »

For earlier instalments to this saga...

https://forums.moneysavingexpert.com/discussion/3434191

Thanks for that but I thought it would be best to start a new updated thread and explain it all in one post to save people having to read through the replies.