NBCS Threatening court action on behalf of Frasers Group Sports Direct

cioroi

Hello, everyone,

I’m seeking advice or guidance on a situation I’m dealing with. I recently had an issue with NBCS, and after attempting to resolve it directly with them, I feel that I may need further assistance to achieve a satisfactory resolution. Here's a summary of the situation:

• Background: I made a purchase from SportsDirect equivalent of 160 euro. I haven't received my good so I have contacted them regarding this issue. They denied my refund request saying that upon checking the goods were delivered. I went further with a Revolut claim which after nearly 2 months was successfully solved resulting in a full refund. 

• Actions Taken:

  1. Contacted NBCS directly to address the issue.
  2. Provided necessary information and evidence to support my claim.
  3. No resolution has been reached despite my efforts.

• Next Steps:
  I’ve reached out to FLAC (Free Legal Advice Centres) for further advice. They haven't came across this type of issue but the lady I spoke to told me that if she was in the case she wouldn't pay and if they go t court I should show up and let the judge decide. I would also appreciate input from others who might have faced similar issues.

Questions:

1. Has anyone dealt with NBCS?
2. What legal or consumer rights options are available in Ireland for resolving such disputes since they are an UK company?
3. Would you recommend contacting a specific consumer protection body?
4. What was the outcome of this dispute?
5. Did anyone actually went to court for this?  

Any advice, resources, or shared experiences would be greatly appreciated.

sheramber

Se Revolut did a chargeback  which   means they recall the money from the retailer.  In the meantime they gave you the money back into your account.

If the retailer  challenges it within a time limit the money is taken back out of your account.

The problem wasnot solved as  Sports Direct did not challenge it but now consider  that it is a debt , and have passed it to a debt recovery company.

I am surprised that someone working in a legal advice centre does not know about chargebacks and how they work.

Okell

Presumably Revolut did a chargeback?

The problem with a chargeback is that it isn't a legal resolution and it isn't necessarily the end of the matter.

Even if Sports Direct did not challenge the chargeback (and there is no requirement that they do so) they can still sue you to get back the money they think you still owe them.

You have two choices.  Either pay up or do nothing and wait to see if they actually sue you.

If you are confident that the goods were never delivered to you, then I don't see why you should pay up and you might as well wait and see if they follow up on their threat to sue you.

When - or if - it gets to court it will depend on who the judge believes. 

In order to win the case Sports Direct will have to prove on the balance of probabilities that they delivered the goods into your "physical possession".  They have to prove that.  [See s29(2) of the Consumer Rights Act 2015]

Do you know what evidence they have to prove it was delivered into your "physical possession" (eg your signature or a photo of you accepting it) and can you challenge it?  [Edit:  if they don't have evidence that the goods were delivered into your physical possession then that is the basis of your defence.  ie they have no proof of delivery to you]

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?


[Edit:  "The problem with a chargeback is that it isn't a legal resolution and it isn't necessarily the end of the matter."  I see this as a major drawback when banks process a chargeback - you can still be sued by the retailer.  Did you by any chance pay on a credit card in which case you may still have a s75 claim?  But I'm not sure how you would do that now if Sports Direct sue you to recover the chargeback.  @born_again might know]

user1977

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

Okell

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

Ah.  Pity they didn't think to mention that...

[Edit:  Stupid me.  i've been corrected.  sorry...]

sheramber

Okell said:

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

Ah.  Pity they didn't think to mention that...

Question 2 in the first post.

Alderbank

sheramber said:

Okell said:

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

Ah.  Pity they didn't think to mention that...

Question 2 in the first post.

Also the OP's reference to FLAC and the assistance they gave.

FLAC deals with Irish law and only operates within the Republic.

Okell

sheramber said:

Okell said:

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

Ah.  Pity they didn't think to mention that...

Question 2 in the first post.

Whoops!    

voluted

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

https://help.ie.sportsdirect.com/support/home

"Governing law and jurisdiction

1. These terms and conditions are subject to English law.
2. The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions."

RefluentBeans

voluted said:

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

https://help.ie.sportsdirect.com/support/home

"Governing law and jurisdiction

1. These terms and conditions are subject to English law.
2. The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions."

Genuine question - if the retailer did pursue a lawsuit, and (presumably) the OP doesn’t defend it (unless a virtual hearing is held - or they’d have to travel to England or Wales) and Frasers win by default - what actually does the enforcement look like? 

user1977

RefluentBeans said:

voluted said:

user1977 said:

Okell said:

Why have you expressed the price in euros and not pounds sterling?  Why is the euros bit relevant?

The OP is in Ireland (see their other post). Not sure which jurisdiction applies to their purchase, or whether NBCS are even likely to launch (presumably cross-border) debt recovery for such an amount.

https://help.ie.sportsdirect.com/support/home

"Governing law and jurisdiction

1. These terms and conditions are subject to English law.
2. The courts of England and Wales shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these terms and conditions."

Genuine question - if the retailer did pursue a lawsuit, and (presumably) the OP doesn’t defend it (unless a virtual hearing is held - or they’d have to travel to England or Wales) and Frasers win by default - what actually does the enforcement look like? 

It (presumably) looks like normal Irish debt recovery after the creditor has registered their foreign judgement in Ireland (or at least that's a typical procedure for e.g. enforcing English CCJs in Scotland).