Letter before action advice sought please

Just_a_person

Evening

I ordered an item from for less than £100 an online company in February and it didnt arrive. I have tried through email/facebook and trustpilot to get them to resolve this but they keep stalling. Only after I mentioned the possibility of court action on the businesses facebook page did I get any quick and proper reply. In this reply they claimed that it was stated as delivered by the courier company and they are speaking with them about it, but my subsequent question asking for the tracking number has been ignored. I kind of feel they only replied to make it look better on them as a business.

I do understand the item might have got misdelivered by the courier but they are showing no commitment to getting this resolved with the courier. I am drafting a letter before action and have a few questions.

i) Can I serve by post on a business address because I dont have their residential postal address? the business address just serves as their depot, but they do allow customers to collect orders from there. Sadly its not near me so I cant pop in.
ii) or Can I serve the letter before action by email and as one of my requests ask for their residential address to serve a hard copy? I would prefer to serve by email because I think they do a lot of business by email and might actually read it. Plus its easier them to reply by email. Even though they have not done so to date.
iii) Who do I address the letter to? and make reference to in the body of text? the owner of the company or the company by name? I cannot find any details on companies house. I think there is one owner and I know their name, it seems they have assistant helpers at busy times.

iv) In the actual court papers would I be able to claim for time spent putting my case together and collecting evidence? If so can i mention this in the letter before action? Sort of as a way of making them realise it would be cheaper to refund me now.

A fair few other people on trustpilot also said they didnt get their order either. Would that be worth mentioning in the letter or court case if it goes that far? Lots of people also saying their communication is awful and they dont reply to emails. They seem only to have gotten busy recently. when I first ordered they had mostly good reviews and now its mostly bad.

Any pointers would be really appreciated.

davidmcn

For starters - you've called it a "company". What actually is it - a limited company? An individual trading under a business name? A partnership?

Just_a_person

How would I find out? As far as I can tell its a business and the owner is the one person running it. No records on companies house.

Edit, pm sent stating company name.

born_again

How did you pay?

Just_a_person

Credit card. However I dont see the merit in requesting a chargeback because they have already ignored my refund requests. I might as well collate all the evidence and do a letter before action. It probably has more weight anyway.

DoaM

Who are "they"? The company? A chargeback is filed with your bank/card provider, and your reason will be non-delivery of goods.

Just_a_person

Sorry yes "they" are the business I am trying to deal with.

What happens in that case? Do my credit companycontact the business on my behalf?  I thought the business in question had to agree to a chargeback. I cannot see t my credit card company succeeding where I have not.

The business never answers the phone

mikb

The business doesn't have to agree to the chargeback. However the business could dispute the chargeback by "proving delivery" -- how likely is this given they can't prove it to you?

Also, you are (literally) just a person. A credit card company can apply more pressure than you, and you may get your money back without having to LBA anyone (quicker and cheaper).

Just_a_person

mikb said:

The business doesn't have to agree to the chargeback. However the business could dispute the chargeback by "proving delivery" -- how likely is this given they can't prove it to you?

Also, you are (literally) just a person. A credit card company can apply more pressure than you, and you may get your money back without having to LBA anyone (quicker and cheaper).

Ok I didnt realise that.

Just so I fully understand, is a credit card company able to simply reverse the transaction if the business cannot provide proof of delivery or choose to ignore the banks communication? If thats the case I will certainly get things rolling with my card provider.

I have already fully paid my card bill containing this transactio. I dont know if that makes any difference.

My only worry is that the courier (UPS) has messed up and delivered to the wrong house/street but still got a signature on their system from whoever took the package. That might make it look like the package was delivered when I didnt receive it.

born_again

No a your card co will not contact the retailer. They go back through Visa/Mastercard to claim the funds back on the basis of non receipt. 
The company then have 45 days to contest the decision. On non receipt that can be a signature proving delivery (does not have to be yours).
But be quick you only have 120 days from either date of debit of expected date of delivery.
I would not mention that the courier says delivered as it might make the CC co decide not to take it forward on the basis it will reject.

Just_a_person

Thanks very much. Would I be penalised if a "proof" of delivery is provided? and I dont win the claim?

I 100% didnt receive this order but I dont really trust the seller any more. I want to get back the relatively small amount of money on the principle of the whole thing, but dont want to end up in trouble if they have some kind of evidence that it was delivered. Even though it was not at my house.

Just to clarify I live alone so else here to have taken the package and my neighbours are brilliant so it was not left with them.