Ordered an item, never arrived, being chased for payment?!

littlezee

I ordered contact lenses from coastal contacts but they never arrived.

I am now being chased for payment (you pay on delivery) and threatened with 'having my credit file affected' if I don't pay or provide a receipt to show that I've bough lenses elsewhere!

I've told them that whether or not I've bought lenses elsewhere is irrelevant (surely?!) but they are still sending me threatening letters & emails.

I am at my wits end with this - can anyone help or point me in the right direction?

maninthestreet

Do they have proof of delivery? If not, there is not much they can do.
Even if you had bought lenses elsewhere, surely they would still want payment?

littlezee

Thanks for the reply - I was beginning to think I was missing something and I was being unreasonable...:p

They told me their records say 'delivered' but they have no proof because they didn't send it 'signed for'.

I've no idea why they are asking for a receipt for lenses I bought elsewhere - you're right in saying that I would still have to pay even if I had bought others. It's a bizarre request.

Sigh...I am tempted to ignore them but can they really affect my credit file?

C_Ronaldo

Its no one elses business if you bought other lenses from somewhere else,

timberflake

I find it quite amazing that their records say delivered but they didn't send them 'signed for'................so how do they know they were delivered!? If I were you, I would tell them politely that you have never received the lenses and until such time that they can prove you did you will not respond to any letters/emails.

Butlers1982

Nothing they can do. If they havent got a signature they cannot bill you for an item.
If they try to chase you any further, threaten them with court action for harassment.

They are peeing into the wind. They need to proove you have the item before they can charge you- they cant!!!

You win. Write to them and tell them the situation and tell them if they try to chase you for payment you will take it further and tell them you will make them liable for any costs you have

maninthestreet

Just checked their website, and they do seem to state that you pay on delivery, via the website. However, without proof of delivery, they are inviting anybody to order lenses and then refuse to pay stating they haven't received them. Their terms and conditions seem to state that Dutch law applies:

'In all circumstances Dutch law applies. Any disputes relating to or arising from the use of the Site and/or from the agreement will only be submitted to the competent court in the district of Amsterdam'

Is this significant?

littlezee

No idea what the 'Dutch Law' thing is all about...

But surely they could also claim to post lenses, not do, then request payment?

However, a friend recommended the site to me & they've never had any problems, so I don't think they are dodgy.

I didn't reply to their last email, so I'm going to have to wait and see what happens.

Gawd, I'm sticking with glasses - less hassle!

Rain_is_Insane

If you have to pay on delivery, surely the lenses would have been returned to them by the courier, due to the fact you didn't pay for them? I'm a little confused there.

littlezee

Payment isn't literally 'on delivery'....they send an invoice a couple of weeks after they've sent them.

I'd been in touch with them throughout as delivery was supposed to be within 5 days & I hadn't received anything so wanted to check that they were on the way. I kept being told they had, and when it had been 4 weeks and no sign of them they said they would 'look into it'. That's when I started getting the threatening emails.....

I received another yesterday and now I just don't know what to do....

chipmunk

littlezee wrote: »

Payment isn't literally 'on delivery'....they send an invoice a couple of weeks after they've sent them.

I'd been in touch with them throughout as delivery was supposed to be within 5 days & I hadn't received anything so wanted to check that they were on the way. I kept being told they had, and when it had been 4 weeks and no sign of them they said they would 'look into it'. That's when I started getting the threatening emails.....

I received another yesterday and now I just don't know what to do....

Do exactly as Butlers1982 suggests in post no. 6. It's their word against yours and the onus is on them to prove you received the lenses. They can't because you haven't. Say in your letter/email that this is the last time you will enter into correspondance with them on this matter and that if they continue to send you threatening letters you will sue them for harrassment. If you receive any more letters from them, ignore them. They won't take you to court because they haven't got a leg to stand on.

Don't let them frighten you with their bullying tactics.