Goods not delivered

pieman_71

Hi

Placed an order over the phone with an internet company last September. I chased the order in October as it hadn't been delivered and they had taken the money from my card. Then chased again a few weeks later and was told I'd be refunded.

I forgot to check (my fault I know) but have since looked and the money was never refunded to my credit card. This time I emailed and the company says they have no record of the phone calls and "We will not accept responsibility for any undelivered orders which are reported to us later than 30 days after the date on which the order was placed. This timescale is in place as we only have a limited period of time to investigate any delivery with the courier. As no contact was received from you within the 30 day period we are unable to take any further action."

I've given them a rough idea of the dates I called (the first of which was within 30 days), but no joy. Any ideas how to proceed? Even though I was stupid and didn't check the refund was processed I still don't think I should pay for goods I have never received. Section 75?

thanks

unholyangel

How much were they? If it was more than one item, were they each priced over £100?

pieman_71

Hi, 3 items - total order price £132 (no individual
Item above 100)

Thanks

unholyangel

pieman_71 wrote: »

Hi, 3 items - total order price £132 (no individual
Item above 100)

Thanks

Then I believe a section 75 claim will fail (unless it was a pack of 3 - then it goes by the price of the pack).

I think you're out of time for a chargeback (since 120 days ago would be october I believe) but try them and see - sometimes the date is delayed in specific circumstances and I can't remember what those circumstances are!

If that fails and the trader isn't member of any regulated body, then you would be looking to send a letter before action and consider whether you would want to file a claim.