Purchased cooker online, significantly not as described

mfull

Hi all looking  for some advice. I purchased an expensive range cooker online which was second hand, it was delivered two  days ago however the cooker delivered is certainly not the one pictured in the original listing and is significantly damaged. I contacted the seller (who is a limited company)  and informed him of this, and that I wanted a return however he refused and is now unresponsive.

I paid by banking transfer  (which is stupid i know) and my bank RBS say they cannot help me. How can I get my money back?

elsien

Letter before action and small claims court. If they are a UK based company. 

Alderbank

mfull said:

Hi all looking  for some advice. I purchased an expensive range cooker online which was second hand, it was delivered two  days ago however the cooker delivered is certainly not the one pictured in the original listing and is significantly damaged. I contacted the seller (who is a limited company)  and informed him of this, and that I wanted a return however he refused and is now unresponsive.

I paid by banking transfer  (which is stupid i know) and my bank RBS say they cannot help me. How can I get my money back?

You ask how you can get your money back.

There are two stages to this:
The first stage would be to get a court judgement against the seller, as @elsien says above. That is your only option since the seller is unresponsive. From what you say that should be relatively easy to achieve. The company might not even bother to defend the case and you will win by default.

The second stage is to get the money out of the defendant. That will be much more difficult. You might have to pay bailiffs to try to recover goods of sufficient value to recover your money plus the costs you will have had to pay out by that point. The company might not own much in the way of assets and you can only claim property actually owned by the company - you can't claim leased items or anything owned by anyone else including items owned by the owner of the company. The owner might simply close the company down.

If you share more details such as the value of your claim and the size and nature of the business you bought from we might be able to give you more useful advice.

mfull

Thanks for your replies, it looks to be a fairly small company run by two people, https:// rangecookers . shop/ . The value was £1400. As I said the item was SNAD however my understanding is that under consumer distance selling regulations I should be able to cancel the contract within seven working days regardless given this is a trade seller.

elsien

One man band sailing rather close to the wind earlier this year.   
DMG RANGE COOKERS LTD filing history - Find and update company information - GOV.UK

eskbanker

mfull said:

Thanks for your replies, it looks to be a fairly small company run by two people, https:// rangecookers . shop/ . The value was £1400. As I said the item was SNAD however my understanding is that under consumer distance selling regulations I should be able to cancel the contract within seven working days regardless given this is a trade seller.

Yes, there's no question that you have the law on your side (it's 14 days btw), but, as above, the key issue is the potential difficulty you have in enforcing it and actually being reunited with your money.

km1500

first thing to do is to get a court judgement 

second thing to do is bump it up to the high court and get the high court baliffs to enforce it.

obviously, as above, only if the company has assets.

user1977

Given they declared only £325 of capital as at 31 January, I wouldn’t be too hopeful.

km1500

oh dear - ignore bumping to high court then...