Faulty item, paypal

mycvattached

Hi everyone

My girlfriend bought an item on-line 2 months ago and it was faulty. She posted it back for a refund however they never paid back and we couldn't get in touch with them via email or telephone. She paid using paypal so approached them however 45 days has gone and they cant do anything about it. Would anyone advise what we could do about it? The cost of item £59.99 and this is their website http://www.h2d.co.uk/

Thank you in advance.

SavingSassy

I don't know if I'm reading your post correctly... can you clarify if they were faulty when she bought them two months ago and you sent them back straight away and still waiting for a refund, or have they developed a fault at two months old, and you've recently sent them back?

Were they returned with the proof of purchase? and have you got proof that they've received them back?

Sorry for all of the questions!

mycvattached

It was faulty initially and she sent it off within 2-3 weeks. Can't remember exactly. It was hair straightener making crackling electrical noise inside. She allowed them couple of weeks to process a refund but nothing happened and we've been trying to get in touch unsuccessfully.

We have a proof of postage but it was not recorded delivery so no proof of them receiving it.

SavingSassy

You definately have the right to your money back so keep trying. I don't think I'm much help, but if they're not answering your calls or emails, then I'd possibly post on their wall on a social network site as they're active on there. It's not like you've not given them a chance to reply to you in private - companies don't like being named and shamed!

JuicyJesus

PayPal's disputes procedure requires that a claim be raised within 45 days, so that avenue is completely gone. There is nowhere else to turn to here but to raise a small claims action, but that costs money and has no guarantee of success. That said, a letter before action might provoke sudden action from them and costs the price of a stamp - just basically print out the court forms, fill them in and send a copy to them saying you'll file them if you don't have a cheque within 14 days. Odds are good that you'll magically receive a cheque within a week or so.

For the future - pay with a debit or credit card, not PayPal. These come with chargeback rights and, in the case of credit cards, legal rights in cases such as this. PayPal's dispute resolution policies are the wrong side of p*sspoor.

mycvattached

Seems like nothing will happen. Thank you for you comments. I posted on their wall but doubt it will achieve anything.

JuicyJesus

Seriously, try the letter before action thing. There's not even a need to actually carry out the threat to take it to court if you don't want to, but doing it can be enough to put the sh*ts up them.

mycvattached

JuicyJesus wrote: »

Seriously, try the letter before action thing. There's not even a need to actually carry out the threat to take it to court if you don't want to, but doing it can be enough to put the sh*ts up them.

It is a good idea. Just downloaded a form. Will fill it in and send to their postal address. Thank you

JuicyJesus

Linky
There's some guidance. Good luck. I found doing this to someone who was taking the p*ss rapidly changed their tune.

mycvattached

JuicyJesus wrote: »

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_small_claims_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

There's some guidance. Good luck. I found doing this to someone who was taking the p*ss rapidly changed their tune.

Thanks again. Drafted a letter from the link you provided. It sounds very professional.

mycvattached

Just out of interest. I paid via paypal but my money were taken from a debit card (visa) which is linked to paypal. Would visa card chargeback rule apply to me?