Refund not issued, is there anything I can do?

AleksandraK

I purchased an item for my teenage son from NVLTY and had to return it (too small) using their service and the label they provided - returned on day 9 after receiving and they confirmed in writing they received it, tracking also says delivered two days later, on 22nd March. Ever since then I emailed them almost daily asking for a refund but they ignore me. I specifically asked for a full refund to my original payment method as per the Customer Rights Act 2015 which says that sale items need to be refunded in the same way as full-price items as I know their online policy is that sale items cannot be refunded, only a gift card will be issued (which I don't want) 
I paid with PayPal who won't help me as the item was delivered and as described and they don't deal with refund disputes. My bank (First Direct) also refused to raise a dispute as I paid with PayPal. 
So I lost £40 - even though it is not a significant amount of money I would very much like my money back! Is there anything else I can do to retrieve it? 

the_lunatic_is_in_my_head

Hello OP

Unless I'm missing it I don't see any address or such on the site, just a few various email addresses, comments on their Facebook page aren't reassuring either. 

Site looks sleek but is missing a Terms and conditions page and a Privacy Policy page, just for future help two things to look out for and at least one of those should detail the company address. 

Probably in the UK as they had a pop up store in, possibly this company:

https://find-and-update.company-information.service.gov.uk/company/09057270

but address seems to be a plaque on a wall type of place. 

If that is them you do have rights to a refund and could file through small claim but it's a bit of a headache and although they have assets enforcing a low payment might prove difficult. 

Just to add, looks like a dormant LTD was made the "person with significant control" in Sep last year, not sure how that works but doesn't look good sadly. 

sheramber

From thier Facebook page you are not alone.

AleksandraK

I know this now. I read the appalling reviews but not soon enough! How can a company get away with such behaviour though? I'm so angry with them and with myself. 

the_lunatic_is_in_my_head

You might be able to find a contact email for your local Trading Standards here:

https://www.tradingstandards.uk/consumer-help/

or you can make a record of your issue with Citizen's Advice who will log it and pass it to the correct place, if enough people complain something might (very slim but maybe) be done. 

Whilst there are lots of rights for consumer's sadly enforcing them is difficult, there are lots of good and bad websites out there and it's just a case of being diligent and picking the right ones  

But yes I agree these companies shouldn't be able to get away with this kind of thing. 

born_again

Paypal do do non receipt of refund disputes. (done one myself)
Trouble is sounds like you went down the wrong route with not as described, when disputing. So like chargebacks, you may only have one shot at getting money back via that means.


https://guap.co.uk/meet-duo-behind-nvlty-london-nvltylondon/

So hit out to them on the social media, as they is where they started the brand.

Alderbank

born_again said:

Paypal do do non receipt of refund disputes. (done one myself)
Trouble is sounds like you went down the wrong route with not as described, when disputing. So like chargebacks, you may only have one shot at getting money back via that means.


https://guap.co.uk/meet-duo-behind-nvlty-london-nvltylondon/

So hit out to them on the social media, as they is where they started the brand.

Interesting post, especially the link to the founders' thoughts and beliefs.

I particularly like their advice for new business start-ups:

Any advice for people wanting to start their own brand within fashion ? 

Jonah:Just start, don’t stop, your gonna have loads and loads of periods were your gonna get shut down a lot, your gonna feel like your getting held back but you just gotta push through it. Eventually it will get to the point where those stuff won’t happen as much and you’ll be able to flow a lot easier.

Nothing anywhere about building a trusted brand, good customer service, consumer rights or any boring legal stuff at all.

Yes, interesting.

AleksandraK

Hi, I have a bit of an update. 
I spoke to Trading Standards earlier this week and on their advice sent a short email outlining the timeline of purchase/return and wrote that: Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2023, I am cancelling the order and ask you to provide a full refund within 7 days.  (normally 14 days but they've had an item back now for almost a month so TS said 7 days deadline is reasonable) 
I received a reply from NVLTY the very next day (so they do read and reply to emails!) saying that since the item was bought on sale they issued me with a voucher/store credit equivalent to the value of the item. 
I believe I am fully entitled to the full refund back to my original method of payment but they consider the matter closed. 
Trading Standards have said to get back to them on 24th March if not resolved and they will advise further. I know to some it might be only £40 but it is a lot of money for me and I will not be pressured to accept their voucher which I have no intention of using. Any advice is welcome. 

sheramber

AleksandraK said:

Hi, I have a bit of an update. 
I spoke to Trading Standards earlier this week and on their advice sent a short email outlining the timeline of purchase/return and wrote that: Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2023, I am cancelling the order and ask you to provide a full refund within 7 days.  (normally 14 days but they've had an item back now for almost a month so TS said 7 days deadline is reasonable) 
I received a reply from NVLTY the very next day (so they do read and reply to emails!) saying that since the item was bought on sale they issued me with a voucher/store credit equivalent to the value of the item. 
I believe I am fully entitled to the full refund back to my original method of payment but they consider the matter closed. 
Trading Standards have said to get back to them on 24th March if not resolved and they will advise further. I know to some it might be only £40 but it is a lot of money for me and I will not be pressured to accept their voucher which I have no intention of using. Any advice is welcome. 

Do you mean 24 April?

Advuce?

Get back to Trading Stabdards as advised, although I suslect you are talking to CAB,  as all enquiries for Trading Standards have to go to XAB first.

AleksandraK

Hi, me again! 
I opened a small claims case against NVLTY after they ignored everything I said about my rights to a full refund. The claim is for £34.99 for the goods, including the original postage fee, plus £35 for my court fee. I appreciate it is a very low value claim but I decided to do it out of principle as reading the reviews online for the company there are plenty of people like me and I simply do not agree with such behaviour. 
I am pleased to say they refunded me £34.99 almost immediately, literally hours later I had the money back! 
Not surprisingly, they decided to ignore the £35 court fee they are expected to pay me back.
My question: do I update the case or wait for them to act and file a defence disputing the fee? Thanks. 

Alderbank

Just to make clear, after they offered the voucher/store credit did you send a letter before action setting out specifically that unless you received a full refund to your original method of payment by a set date you would open a small claims case for the full sum claimed plus any court fees? And did you wait until after the expiry of the deadline before submitting the claim?