Missing Nike order

stacey0103

I made 2 Nike orders back in July that were left outside my house by DPD and subsequently stolen. I have reported this and have a crime reference. I also have the red card left by DPD and photographic proof of delivery that shows it left outside. Nike have been absolutely shocking and have refused to believe me. I have exhausted all of their complaint procedures and was going to take them to small claims court however they don't have a UK address and according to their website they operate under Dutch law.

It gets even more complicated as I paid using Klarna. I used pay in 3 for one order and pay in 30 days for the next order. The pay in 3 order I can get back through a charge back every time they take money however the pay in 30 days is now overdue and has late fees added. I've asked Klarna for a deadlock letter so I can go to the ombudsman but they are ignoring me. 

I'm at my absolute wits end with what to do
 The orders totalled £130 so I can't afford to pay for goods I haven't received. I've contacted the UKICC but they haven't replied either.
If anyone has any ideas I'd really appreciate it. 

pinkshoes

Have you spoken to Klarna to let them know you haven't received your order? It says you need to report any issues to them and shouldn't be paying until you have received the items. 

stacey0103

Yes I've done this, it took months and they just said Nike provided them proof it was delivered. The proof was the GPS co ordinates from DPD!!
I had specified it to be left with a neighbour and the red card even says neighbour wasn't in so left outside! 

Aylesbury_Duck

I'm not sure what else you can do, other than keep on at Klarna for the deadlock letter.  

As things stand, you're not out of pocket are you, so why do you think you're £130 down?  You're retrieving the three instalments for one order and haven't paid for the other one.

stacey0103

I'm not out of pocket as of yet but I'm getting late fees added and it will affect my credit record. Also my bank could take the charge back money out. I wanted to know if there is anyway of claiming through the small claims process when there is no UK address

Aylesbury_Duck

stacey0103 said:

I'm not out of pocket as of yet but I'm getting late fees added and it will affect my credit record. Also my bank could take the charge back money out. I wanted to know if there is anyway of claiming through the small claims process when there is no UK address

Ah, I see.

If the entity you bought from is based in the Netherlands, then you'd need to see what the Dutch equivalent of the small claims process looks like.  I don't think you can claim using the UK process, but I may be wrong.  Before Brexit there was an EU small claims process available to us.

Mark_d

It sounds like you've done all the right things - collecting the evidence, exhausting Nike's complaints procedures, obtaining a crime reference number and contacting the UKICC.  I don't have any experience with UKICC but sometimes I've waited over a year to have a case picked up by FOS.

As far as I know, Klarna are unregulated so I don't think you'd have much luck with the FOS. Maybe you need to pay Klarna to prevent damage to your credit reports...even if you subsequently claim the money back under their buyer protection policy.

If you can't the money back from Klarna then fingers crossed UKICC will help.

This unfortunate incident highlights the dangers of dealing with companies based abroad.  It also highlights the risk of paying with Klarna rather than credit/debit card. 

stacey0103

It has definitely been a learning curve. I would never expect such a large company such as Nike to not have any kind of ADR. Trust pilot has lots of similar reviews and problems as mine though. 

born_again

stacey0103 said:

I'm not out of pocket as of yet but I'm getting late fees added and it will affect my credit record. Also my bank could take the charge back money out. I wanted to know if there is anyway of claiming through the small claims process when there is no UK address

Odds on retailer will reject on the basis they have proof of delivery.

If they do not, then they still have the right to either engage debt collectors Or take you to court for the debt.

You also need to be aware of this.

*Klarna's Pay in 3 / Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. 

So no right to go to ombudsman, even with a deadlock letter.

stacey0103

What would you suggest I do next as this is causing me so much stress and worry. 

Aylesbury_Duck

I think all your avenues appear closed.  I suggest paying the debt to avoid further action, and then seeing if there's any way you can claim from Klarna under their buyer protection policy.  If you can't, then it's seeing if claiming via the Dutch small claims process is viable.  For a portion of £130 I suspect it isn't.