Refund not issued, is there anything I can do?

AleksandraK

Yes, that is correct. Warning sent, then letter before action, waited 14 days, no response whatsoever, so opened the SCC asking for the full amount and the court fee. 

pinkshoes

AleksandraK said:

Yes, that is correct. Warning sent, then letter before action, waited 14 days, no response whatsoever, so opened the SCC asking for the full amount and the court fee. 

Then carry on with the claim.

I'd contact them and let them know that as they haven't paid the full amount owed then they now owe an additional £35 which you will give them 48 hours to pay before you continue which will incur further fees.

m0bov

As above, continue with the court, its very common for companies to hang on till the last minute and run up bills. If they don't pay after the judgement, get it escalated to bailiffs.

AleksandraK

Thank you, will do. Just wanted to make sure I will not mess up by not responding or acting correctly. 

AleksandraK

Final update from me. After my email to NVLTY asking if they intend to pay or defend the court fee they refunded me the £35. All in all, had all my money back but no apology and the return policy on their website still states that sale items are non-refundable so quite possible they still think I'm wrong and they're right. 

Okell

AleksandraK said:

Final update from me. After my email to NVLTY asking if they intend to pay or defend the court fee they refunded me the £35. All in all, had all my money back but no apology and the return policy on their website still states that sale items are non-refundable so quite possible they still think I'm wrong and they're right. 

Well done for persevering.

If their website still contains misleading information (ie lies) and you don't want other consumers to be misled by this, you should go back to CAB and ask them to refer a formal complaint to Trading Standards as you are concerned that NVLTY are making misleading statements on their website that might amount to a criminal offence under The Consumer Protection from Unfair Trading Regulations 2008 (legislation.gov.uk)

Doing so won't help you directly and TS probably won't follow it up unless they've already had a lot of complaints, but it might make you feel better