Refused refund for company error

Charityg

Basically to cut a long story short well shortish I order 3 outfits for my children from a company that were in the sale and she offers payment plan. I payed £42 on time of order then 2 weeks later payed another £20 all through paypal leaving £60 to pay. When I went to pay last bit of money on noticed that one of the sizes was wrong. Spoke to to owner who admitted that they updated the website to stop this happening and that in worse case it could of happened again but refused me refund and said basically was my fault for not checking sooner. Was 32 days after original order I admit I should of checked confirmation properly. Opened a case with PayPal but the couldn't help me as was split payments for 1 order and advise me to make a indemnity claim through my bank as the payments come out as a direct debit. Which I have done ive sent letter and copy of email from paypal confirming everything. I just want to know where I stand really as I have never recieved any item from them and they are still holding £62 of my money. I have had nothing but abuse from them and they have showed people copies of my emails to them and my orders which has phone number and address on. I'm so frustrated as no one seems to want to help me.

unholyangel

First of all, what did you purchase? Was it made to your specifications (by that I mean did you select from available options given to you by the seller, did it include any personalisation at all).

As for sharing your details, who have they shared them with?

Charityg

It was 3 children's outfits 18months 6 years and 7 years. No custom measurements or personalisation. Instead of the 6 years a 2 years was replaced. They have shared them with friends who has then screen shot conversations onto facebook.

unholyangel

Charityg wrote: »

It was 3 children's outfits 18months 6 years and 7 years. No custom measurements or personalisation. Instead of the 6 years a 2 years was replaced. They have shared them with friends who has then screen shot conversations onto facebook.

Well in that case, they can't refuse a refund and could be guilty of a criminal offence themselves.

Do you have personal contact details for them? I'd perhaps try contacting their local trading standards and see if they can offer assistance (some of them wil - especially if its just a case of someone maybe not being aware they have obligations under law as a trader).

You could also send a letter before action stating you are cancelling under the consumer contract regulations - which give you 14 days starting the day after delivery to cancel an order. Goods made to the consumers specification or clearly personalised are exempt from the right to cancel (but not the rest of the CCRs) which is why I was asking those questions.

Of course you might want to wait a while and check the outcome of your direct debit guarantee claim. I'd be wary this though as when people have done the same via chargeback on their card, they've found all it does is put their paypal account overdrawn rather than actually getting anything back from the person/company they paid.

Charityg

That's a great help thank you. If all fails with indemnity claim I will contact trading standards. I'm not going to have any more personal contact with them as they are becoming abusive. Paypal was the ones who told me to make a indemnity claim and have given me an email stating this to give to my bank so hopefully it shouldn't put account in arrears.

unholyangel

Charityg wrote: »

That's a great help thank you. If all fails with indemnity claim I will contact trading standards. I'm not going to have any more personal contact with them as they are becoming abusive. Paypal was the ones who told me to make a indemnity claim and have given me an email stating this to give to my bank so hopefully it shouldn't put account in arrears.

Just prepare yourself that you might need to communicate with them if the indemnity claim doesnt work. Even if TS get involved the company might still refuse to issue a refund and as TS are extremely overworked and underfunded, they tend to focus on the most severe cases where lots of consumers are being affected.

However if you've been reasonable and they're becoming abusive, that can only help your case, especially if you have it in writing from them.

You can also make a complaint to the ICO btw about their handling & disclosure of your personal data.