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Battle with Nintendo

Hi Could anyone give me a bit of advice please? I ordered a DS from Nintendo on 14th November, it was a pre order as the game that was downloaded on the DS wasn't out until 23rd and my Son wanted it for his birthday. Nintendo emailed me to say it would be delivered on or before 23rd and sent me a link to the tracking info. When I checked it I noticed that on 21st November the courier had said "not delivered as parcel damaged" In the meantime Nintendo sold out of that particular DS and my son was left without a birthday present. I waited for 4 days for them to respond to my email (after calling several times and not getting through) Their response was basically that in order to get a refund I needed to fill a form out (by hand) and send it back to them basically stating that I had checked with my neighbors to make sure they had not got the parcel??? (Why would I when the tracjing information said it had not been delivered?) I phoned them up 11 days ago and, after talking to 4 different people, I managed to get the team leader to agree to process my refund without filling out this form (which was for their insurance so they could claim back for the item) Never at any stage did they apologise or consider my poor son who was devastated. I ended up ordering one from Tesco and being out of pocket, which to this day I still am. Nintendo have not yet, despite my 20 minute phone call which was then followed up with an email, refunded my money.

Can someone please give me some advice as to where I stand?

Comments

  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    How did you pay ? You may be able to claim a refund (if Nintendo don't refund) if you paid by card, you would need to speak to your card issuer about this. I don't think Nintendo owe you an apology, they posted it, they didn't damage it. Why didn't you just fill out the form they asked for ?
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    If you paid by debit card contact your bank and request a chargeback, credit card you can start a s. 75 claim for goods not received.

    Devastated son could do with getting some perspective. I'm sure a few days wait wasn't that bad.
  • As others have advised, the easiest way will probably be to go through your bank if you paid by credit card or debit card.

    If that doesn't work, the next step will be to write a formal 'letter before action' asking for the refund to be paid, and saying that you will unfortunately need to look at starting a small claim in the county court if the refund is not processed promptly.
  • daytona0
    daytona0 Posts: 2,358 Forumite
    Couldn't resist...

    1fuewc.jpg
  • I take it you don't have children?? Perspective?? He's 10! Idiot
  • Some of the above comments are ridiculously harsh. I'm sure you would be upset too when you were a 10 year old if you didn't get a birthday present you were expecting!

    I did have a chuckle at the picture though ;)
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    meer53 wrote: »
    A 10 year old is quite capable of understanding that things sometimes go wrong. Although if you're shocked at having to fill in a from "BY HAND" then i understand why your 10 year old may be a little different. ;)
    Calling someone an idiot rarely helps.


    I'm assuming/hoping you're not confusing me with OP ;)
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    k3lvc wrote: »
    I'm assuming/hoping you're not confusing me with OP ;)

    No, my response was to the OP x
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