Missing goods - any advice?

Del_Boyo

Hi all, I wonder if anyone can give me some advice with regard to a purchase I made on fleabay last year, Its a very long story so here goes.


Back in October 2015 I purchased a Samsung tablet for my girlfriend as a birthday present, I received the item and checked it for any faults etc, within 2 weeks the tablet developed a fault and was not charging. I contacted the company and a replacement was sent to me in January 2016, when I checked the tablet (which looked refurbished and different colour to what I ordered), it was faulty and wasn't connecting to any wifi networks, again I contacted the company and after a couple of weeks I contacted them again for a update, to which they informed me that the tablet had been sent away for repair, 2 months of me chasing up my tablet via telephone calls and emails, a new replacement was sent out 27th March, for some reason the item is stuck in a royal mail - mail centre, it has been stuck there since 27th March, no delivery was attempted, no leaflet was posted saying that they have attempted delivery.


I contacted the royal mail asking where my delivery is but they will not give me any information other than its in the mail centre and I will need to contact the company as they have a account with the royal mail. For the past 10 days I have spoken to the company concerned and they are telling me that it is being investigated and a delivery will take place, this was 10 days ago.


I have asked for a refund from the company and they stated that they are not going to offer me a refund until the matter is resolved.


So to cut a long story short, I have paid for a tablet, 2 have been sent back for repair and the 3rd one is now stuck in some mail centre in Cardiff. I am £110 out of pocket with nothing to show for it apart from stress.


Can anyone help ?


Thanks

DCFC79

Who is the retailer ? Or was it bought via a website ?

wealdroam

DCFC79 wrote: »

Who is the retailer ? Or was it bought via a website ?

When the OP said:

Del_Boyo wrote: »

I wonder if anyone can give me some advice with regard to a purchase I made on fleabay last year...

...I think they meant they bought the goods via Ebay.

custardy

The item is lost. Royal Mail tracked?
The scan is the on route scan at the MC. From there it should be scanned at the delivery office.
So its either stuck down the side of a hood(big mail transport trolleys),misdelivered,stolen or something.
It may show up but the time scales suggest it wont be.
If its ebay,start a not received dispute.

wealdroam

custardy wrote: »

If its ebay,start a not received dispute.

Is that wise?
The OP has told us they received their purchase last October.

custardy

wealdroam wrote: »

Is that wise?
The OP has told us they received their purchase last October.

oops,speed reading.
timescales are expired now

Del_Boyo

DCFC79 wrote: »

Who is the retailer ? Or was it bought via a website ?

Sorry about the late reply, the company is Blue Thirteen Ltd, who has a fleabay (ebay) online store

Del_Boyo

custardy wrote: »

The item is lost. Royal Mail tracked?
The scan is the on route scan at the MC. From there it should be scanned at the delivery office.
So its either stuck down the side of a hood(big mail transport trolleys),misdelivered,stolen or something.
It may show up but the time scales suggest it wont be.
If its ebay,start a not received dispute.

The package was lost at the mail centre and had a tracking number

Del_Boyo

Hi thank you for your replies, I apologise for the delay in keeping an update on the on going issue, I have been working away without internet access. Update since I have posted this thread.


Within a week of me posting this, the company (Blue Thirteen Ltd) had sent an email to me saying that package was lost on route from the mail depot to the local delivery depot and as soon as the royal mail has finished with the investigation then they will refund me or sent out a replacement, I stated a wanted a refund. Again, I contacted the company for an update ten days later and they didn't reply or returned my calls. On the 17th May, I contacted the company angrily asking them where my money is and the said that they had sent me an email (which they did not - I had checked my spam box and nothing), I said again that I want my refund, the company said that the money will be in my account within 5 days. On the 26th May, I checked my statement and no payment has been received. I contacted the company again (left them a answerphone message which was unusual) asking them to call me back, no contact from company after 2 hours, so I emailed them saying that if no money is in my bank account by end of week then I will be seeking advice from CAB. Checked by bank account on 27th May and no money was received, no reply to my email. I contacted CAB 27th May and they have passed this onto trading standards who will contact me within 5 days.

susancs

Del_Boyo wrote: »

Hi thank you for your replies, I apologise for the delay in keeping an update on the on going issue, I have been working away without internet access. Update since I have posted this thread.


Within a week of me posting this, the company (Blue Thirteen Ltd) had sent an email to me saying that package was lost on route from the mail depot to the local delivery depot and as soon as the royal mail has finished with the investigation then they will refund me or sent out a replacement, I stated a wanted a refund. Again, I contacted the company for an update ten days later and they didn't reply or returned my calls. On the 17th May, I contacted the company angrily asking them where my money is and the said that they had sent me an email (which they did not - I had checked my spam box and nothing), I said again that I want my refund, the company said that the money will be in my account within 5 days. On the 26th May, I checked my statement and no payment has been received. I contacted the company again (left them a answerphone message which was unusual) asking them to call me back, no contact from company after 2 hours, so I emailed them saying that if no money is in my bank account by end of week then I will be seeking advice from CAB. Checked by bank account on 27th May and no money was received, no reply to my email. I contacted CAB 27th May and they have passed this onto trading standards who will contact me within 5 days.

You are now at the point when you need to send a letter before court action (via post with proof of posting) to the company which may encourage them to pay. But if not you may have to be prepared to go via the small claims court route to get your money back.

susancs

OP, maybe a letter like this would be suitable.
LETTER BEFORE ACTION
Your Name & Address

Date .................................................. .

The Owner/Company Secretary

Company name

Address



Dear Sirs,

The Consumer Rights Act 2015

I refer to my previous discussions in regard to the fact I purchased a Samsung model x from you on ?/10/2015 which became faulty and after returning the orginal tablet to you, I received a refurbished replacment on ?/1/2016 which also developed a fault. As requested this was returned to you on x date and a replacement was apparently sent to me on 27/3/2016, which I never received. Further to conducting an investigation you have found that the tablet has been lost in transit by the Royal Mail . It was stated on the 17/5/16 that you were were going to issue a full refund within 5 days .This has not happened, despite chasing the matter up with you.

I look forward to receiving refund payment of £? as agreed within the next 14 days, failing which I give you notice of my intention to commence legal proceedings in the County Court without further notice.

If it is necessary to pursue this course of action, please note I will also pursue incidental
costs on top of the orginal costs .

Yours faithfully,

Sign
print your name.