Music Magpie trying to invoice me for item returned to sender

thewizardofoz87

Hello all

I’m hoping someone can offer some advice on the following situation.

A month ago someone hacked my Klarna account and used it to make 9 orders on my account. 

I let Klarna know immediately, but half of the transactions still remain unresolved. 

I also got a crime ref number from Action Fraud and contacted both banks tied to my Klarna account.

One of the invoices in Klarna is from MusicMagpie - I informed them of the situation and gave the crime ref. They replied a few days later saying they weren’t going to do anything about it because they already sent it.

A month later, a notification appears in my Klarna account saying the Music Magpie order has been delivered, so I have a look at the tracking info. It clearly shows the parcel has been returned to sender with a GPS location and photo. 

I’m obviously relieved as this should logically mean Music Magpie no longer have any grounds to expect to invoice me for an order which was never delivered and they now have possession of again - especially when their excuse for not intervening previously was that they’d already sent it.

I contacted them again and unbelievably they’re still refusing to refund me citing ‘data protection’ - Despite the fact the order was placed using my financial details without my authorisation!

I presume I’m now well within my rights to take Music Magpie to a small claims court as they’re in breach of the Consumer Rights Act 2015 if they continue to invoice me when where no goods were delivered and I’ve done everything I can to resolve this situation with them directly first?

Any advice would be appreciated.

Thanks!

Alderbank

In what way are they in breach of the 2015 Act?

To start a claim you would need to fill in a form where you explain which part of the Act the defendant is in breach of, what evidence you have of the breach and what your monetary loss is as a result of that breach. The latter is required so that the court officials can work out what fee to charge you and which track the case will proceed under.

Sending you an invoice might be a nuisance and an inconvenience but it is not against the law. I suspect it will fizzle out as they investigate further. Now that you have given them an explanation I would simply ignore it unless they send a letter before action or actually start any court proceedings against you.