Faulty TV stand bought from Internet resulting in CCJ?

DullGreyGuy

Olinda99 said:

if you paid by PayPal then surely the credit card does not come into.it?

These days yes... in the old days if you did a chargeback you simply put your own account into a negative balance so was a pointless exercise. For a while at least PayPal will now take a chargeback from the merchant's account if they can. Haven't read the T&Cs for a long time to find out what ultimately happens if they cannot recover the funds from the merchant. 

pinkshoes

Subbu84 said:

Exact email words
“ The fact now is that you raised a chargeback and keep our item at the same time, which mean you had our item without paying it. Our solicitor stated that we can 100% win the court claim in this case and can cover all the legal cost, product cost and court fee. 

We are not threatening you. It is just an email letting you know you that our solicitor will raise a court claim based on this situation. ”

Well you have a full refund as well a their goods so quite rightfully they want their goods back and would have refunded you themselves no doubt if you returned the faulty goods.

I would be returning them ASAP or get independent written proof or the fault from someone reputable then send them the report and make the item available to collect.

By suggesting keeping it for free or 50% makes you look like a scammer which is why they're taking you to court.

user1977

Any clues from their correspondence where the company is actually based? The website is sketchy and they have the air of a Chinese drop-shipping outfit. So I'm not sure how easy they will find it to pursue debt recovery in the UK.

Subbu84

Unfortunately this is what I am dealing with, no confidence even if I return the product my money would still be lost since the chargeback is a 50 day process or sometimes longer

Undervalued

I can understand that but it still doesn't give you the right to have both the money and the goods, which is the position at the moment.

You could argue that anybody returning an online purchase for a refund has the worry that the refund might not arrive and they are left with nothing. On the rare occasion that happens the only remaining option is to sue.

As others have suggested, having gounds for a chargeback makes no judgement on whether a court would decide you were in the right or in the wrong.

born_again

Subbu84 said:

Hi Team,

I could do with some advice here, I bought a tv stand from Internet and from relatively unknown company called WellaiConcept, TV stand was nice and delivered, assembly required. There were two parts to it, one part fixed and second part required assembly. While assembling it I realised it the second part had one faulty leg and one screwing bit not working which makes the bottom part unstable and little wobbly.
Complained to them online and they agreed to send to replacement which was taking weeks apart so I proposed a refund for keeping the item.
Seller refused and mentioned that I have to pay a collection fees and upon inspection will refund appropriate amounts.
Since it was raised via PayPal i raised it with them and lost the case as they needed someone third to Inspect the product and classify as grossly not fit for its description.
I then raised a dispute with my credit card company with all email exchanges and fault evidence, they refunded me the money.
Now the seller has threatened me with CCJ claims and asking me that I am liable to pay 1600£ as total damages for a product which cost 630£.
I still proposed a 50%discount or replacement of faulty part for full payment but they are now accusing me of refusing a return since I raised to my Cc company.

Exact words here -“ We had no choice and raise a court claim now and you will end up paying more once we use CCJ as a framework to the documentation to progress the High Court Writ. This is what our solicitor advised.”

What options do I have since I have got my money back but still have their product with me, plus a threatening court case on my name, please could could someone advise me?

So because the replacement part was delayed, you wanted to keep item & get a refund?

PP claim rejected. You then went chargeback route. PP have now changed their stance on chargebacks, as once in a day they would have rejected that as well.

Sadly you have now found out that getting your money back via bank (retailer could reject) but clearly have decided to go legal.

But the wording on their claim is strange as it will be going no where near High Court.

Best bet is offer to return product to them.

Jumblebumble

Subbu84 said:

Exact email words
“ The fact now is that you raised a chargeback and keep our item at the same time, which mean you had our item without paying it. Our solicitor stated that we can 100% win the court claim in this case and can cover all the legal cost, product cost and court fee. 

We are not threatening you. It is just an email letting you know you that our solicitor will raise a court claim based on this situation. ”

Their "Solicitor"  aka the man in the nearest pub does not understand that legal fees are not normally awarded on the small claims court track never mind their bold claim that they will 100% win

born_again

Interesting they do not appear to be on Companies house, yet have been trading for 10 years & have had international operations in 2022.. 

Website seems to be started in 2020, Wayback machine from 2021 (interesting Store: Coming Soon At RM20 2ZP even back then)

user1977

born_again said:

Interesting they do not appear to be on Companies house

Not sure how you can determine that? They're not necessarily registered under anything resembling their trading name.

born_again

user1977 said:

born_again said:

Interesting they do not appear to be on Companies house

Not sure how you can determine that? They're not necessarily registered under anything resembling their trading name.

Don't list anything on website.
Nothing comes up on post code or address either. 🤷‍♀️