Refund for a Bundle

SheilaMargaret

naedanger wrote: »

It is just a case of being aware of the risks. If you get a court judgement and the other party does not pay up then the onus is on you to enforce payment. You need to pay the costs of enforcement and recover them, along with the money originally owed, from the other party. If you fail to recover the money then you will be out of pocket.

See the following for background info:

https://www.theguardian.com/money/2010/nov/20/small-claims-court-enforce-judgment

How did you pay - cash, credit card etc?

That article is a bit depressing. Especially the bit where the bailiff can't take items that are needed for their business. If they can't take stuff from the shop, then what can they take?

I paid by debit card, so I can't use section 75.

naedanger

SheilaMargaret wrote: »

That article is a bit depressing. Especially the bit where the bailiff can't take items that are needed for their business. If they can't take stuff from the shop, then what can they take?.

I think the "needed for business" rule is only if you are enforcing action against an individual (i.e. a sole trader) not a company. However any action against a company could still be fruitless - for example all its assets might be leased. Then again perhaps the company is doing very well. If bailiffs were to turn up at their door they might pay to be shot of them and onto generating more money from other customers.

I paid by debit card, so I can't use section 75.

SheilaMargaret

Latest status. I sent the LBA and no response 6 weeks later. I was in London recently and tried visiting the shop in person. No luck there. The manager promised to call me, didn't and didn't answer my calls.

So the next step is small claims. It's a bit daunting for a first timer. Before I take the plunge, I want to double check that I am not acting emotionally and I do in fact have a case.

I bought 3 bundles of cosmetics. Each cosmetic item in the bundle is marked as zero cost on the receipt, the total cost only is given. There is nothing wrong with bundle 1. In bundle 2, one item was faulty (leaking inside the wrapping ). In bundles 2 and 3 there are items missing, but instead there are items that are not on the receipt at all, suggesting that they were mis-packed.

Within 30 days of purchase I requested a refund for bundles 2 and 3 because they are of unsatisfactory quality and also not fit for purpose. I also used the store's published returns policy as grounds for refund (this applies to all but especially bundle 1).

I visited the store to claim the refund but they told me the application had to be done by email. The company refused to refund but offered to replace the damaged and missing goods and offered a "free gift" of more cosmetics. When i declined this offer and explained why I am entitled to a refund, they did not respond.

I sent a formal letter by registered mail to state the facts and what I want, followed by another registered letter offering ADR, followed by the LBA. No response to any.

Total cost of the goods was £4K. 5 months have now elapsed since the original purchase.

What do you think, do I have a decent case?

Bogalot

SheilaMargaret wrote: »

Total cost of the goods was £4K. 5 months have now elapsed since the original purchase.

What do you think, do I have a decent case?

:eek::eek::eek::eek: is all I can think right now.

:eek:

wealdroam

SheilaMargaret wrote: »

Latest status. I sent the LBA and no response 6 weeks later. I was in London recently and tried visiting the shop in person. No luck there. The manager promised to call me, didn't and didn't answer my calls.

So the next step is small claims. It's a bit daunting for a first timer. Before I take the plunge, I want to double check that I am not acting emotionally and I do in fact have a case.

I bought 3 bundles of cosmetics. Each cosmetic item in the bundle is marked as zero cost on the receipt, the total cost only is given. There is nothing wrong with bundle 1. In bundle 2, one item was faulty (leaking inside the wrapping ). In bundles 2 and 3 there are items missing, but instead there are items that are not on the receipt at all, suggesting that they were mis-packed.

Within 30 days of purchase I requested a refund for bundles 2 and 3 because they are of unsatisfactory quality and also not fit for purpose. I also used the store's published returns policy as grounds for refund (this applies to all but especially bundle 1).

I visited the store to claim the refund but they told me the application had to be done by email. The company refused to refund but offered to replace the damaged and missing goods and offered a "free gift" of more cosmetics. When i declined this offer and explained why I am entitled to a refund, they did not respond.

I sent a formal letter by registered mail to state the facts and what I want, followed by another registered letter offering ADR, followed by the LBA. No response to any.

Total cost of the goods was £4K. 5 months have now elapsed since the original purchase.

What do you think, do I have a decent case?

So you sent a Letter Before Action but didn't follow up on your promised action.
What time limit did you give the company for there response?
Why did you not move on to the next stage, i.e. initiate court action, when they didn't respond in that time limit?

gettingtheresometime

Bogalot wrote: »

:eek::eek::eek::eek: is all I can think right now.

:eek:

And there's me thinking spending £5 on a lipstick from Avon is extravagance !

SheilaMargaret

wealdroam wrote: »

So you sent a Letter Before Action but didn't follow up on your promised action.
What time limit did you give the company for there response?
Why did you not move on to the next stage, i.e. initiate court action, when they didn't respond in that time limit?

I followed the CAB template and stated 30 days as the time limit. I was hoping the LBA would scare them into action but apparently they are made of sterner stuff. Now I need to decide whether I am ready to spend money, time and effort on the legal option. I thought I would first check the quality or otherwise of my case with objective observers.

The-Truth

The posts which say

SheilaMargaret wrote: »

I know that by law I am entitled

Are always written by people who actually don't know the law.

SheilaMargaret

The-Truth wrote: »

The posts which say



Are always written by people who actually don't know the law.

Well, I suppose a more accurate wording would be:
"I understand that by law I am entitled to a refund", referring to the Consumer Rights Act 2015.

But if I were a legal eagle, I wouldn't be asking for advice on this forum.

bod1467

SheilaMargaret wrote: »

Now I need to decide whether I am ready to spend money, time and effort on the legal option.

It costs £185 to file a MCOL claim for between £3k and £5k, according to the GOV website. So you either spend £185 (plus hearing fee, if necessary) to have a chance of reclaiming £4k (plus the court fees), or you write off the £4k.

I've not read the whole thread ... did you pay by credit card? Is Section 75 an option?