Letter before claim

Stamarie

A_Geordie said:

Whilst I agree with the rest of the posters that it's not an ideal situation to be in, I'm not sure it's all doom and gloom unless you haven't given us the full picture. 

Klarna offers a 'Buyer Protection' policy and I would presume that when you raised a dispute with them, it was under the guise of not receiving the goods. According to Klarna's website, any payments are paused whilst the case is investigated. It sounds like there was some back and forth as you described but did Klarna actually pause any payments that were due or did they give any decision on whether you were eligible under the policy?

If not, then that could be one line of defence against the debt. Alternatively, if they did give you a decision and that you weren't eligible then you could still challenge that as part of your defence by suggesting that they did not exercise their reasonable discretion to determine that you never received your goods, based on the evidence. The court would then have to decide if it was reasonable for Klarna to not afford you protection under the policy on the basis that DPD left the package on your doorstep and if it can be reasonably determined that the package was received by you.

If a court finds in your favour, that would likely void the agreement with Klarna since the debt would be unrecoverable. The question is whether you are prepared to fight it and take a chance but worst case, you lose you may have to pay back the application fees and small amount of limited costs though although no CCJ will show up on your credit file if you pay within one month of the judgment. 

Thank you. I did ask Klarna to pause any collection action while I disputed the delivery with the retailer they refused. I have screenshots of my live chats with klarna. I also opened a case with the UK international consumer centre. Klarna sold the sent on very quickly. Within a month or 2 if the non payment 

user1977

Stamarie said:

Ergates said:

Stamarie said:

Yes I reported to the police, I have a crime reference number. I also exhausted all avenues with Nike. As their head office is based in the Netherlands I had no consumer rights. This is one part of a two part order. The other part was £89.95 and both were delivered together. I did a cash back claim with my bank for the other order as I had used pay in 3. This part for £49.95 was buy now pay later. 

This is not true - you have the consumer rights as laid out the dutch law.    Given the the Netherlands is part of the EU, and UK consumer laws are also heavily based on EU consumer laws, your rights will be very similar.

It'll be a bit harder to enforce them - but certainly not impossible.

I opened a case with the UK international consumer centre and after nearly 10 months they closed the case as the trader didn't reply and they told me there was nothing further I could do. 

Didn't they mean nothing further they could do?

Stamarie

user1977 said:

Stamarie said:

Ergates said:

Stamarie said:

Yes I reported to the police, I have a crime reference number. I also exhausted all avenues with Nike. As their head office is based in the Netherlands I had no consumer rights. This is one part of a two part order. The other part was £89.95 and both were delivered together. I did a cash back claim with my bank for the other order as I had used pay in 3. This part for £49.95 was buy now pay later. 

This is not true - you have the consumer rights as laid out the dutch law.    Given the the Netherlands is part of the EU, and UK consumer laws are also heavily based on EU consumer laws, your rights will be very similar.

It'll be a bit harder to enforce them - but certainly not impossible.

I opened a case with the UK international consumer centre and after nearly 10 months they closed the case as the trader didn't reply and they told me there was nothing further I could do. 

Didn't they mean nothing further they could do?

I've spoken to citizens advice too, I've looked into ADR but that's only for countries in the EU. The UKICC said I couldn't anything without a UK address for the company. I have tried all routes and options believe me. 

Aylesbury_Duck

What's your appetite for contesting this in court and being on the hook for some modest extra cost should you lose?  It's a situation where you could limit your loss to £50 now, or take the chance that it goes to court and could be reduced to zero, or could be a little higher than £50. 

fatbelly

Section 3.3 of the Pre-action protocol says that the letter of claim must be sent by post. A copy can ALSO be set by email but the postal copy can only be omitted if explicitly requested by the customer.

You should still respond along the lines of

https://debtcamel.co.uk/letter-before-claim-ccj/

Ticking box C and asking for everything you can think of in box I

Section 7.1 says that the court will take into account noncompliance

Okell

fatbelly said:

Section 3.3 of the Pre-action protocol says that the letter of claim must be sent by post. A copy can ALSO be set by email but the postal copy can only be omitted if explicitly requested by the customer.

You should still respond along the lines of

https://debtcamel.co.uk/letter-before-claim-ccj/

Ticking box C and asking for everything you can think of in box I

Section 7.1 says that the court will take into account noncompliance

Do you understand what this thread is about?

user1977

Stamarie said:

user1977 said:

Stamarie said:

Ergates said:

Stamarie said:

Yes I reported to the police, I have a crime reference number. I also exhausted all avenues with Nike. As their head office is based in the Netherlands I had no consumer rights. This is one part of a two part order. The other part was £89.95 and both were delivered together. I did a cash back claim with my bank for the other order as I had used pay in 3. This part for £49.95 was buy now pay later. 

This is not true - you have the consumer rights as laid out the dutch law.    Given the the Netherlands is part of the EU, and UK consumer laws are also heavily based on EU consumer laws, your rights will be very similar.

It'll be a bit harder to enforce them - but certainly not impossible.

I opened a case with the UK international consumer centre and after nearly 10 months they closed the case as the trader didn't reply and they told me there was nothing further I could do. 

Didn't they mean nothing further they could do?

I've spoken to citizens advice too, I've looked into ADR but that's only for countries in the EU. The UKICC said I couldn't anything without a UK address for the company. I have tried all routes and options believe me. 

Why can't you pursue them in the Netherlands courts? (I'm not saying that's easy or worthwhile, but surely you could do it if that's the relevant jurisdiction for the contract)?

Stamarie

Just a little update. Thank you for all your help and for giving me the push to respond to the company instead of ignoring the letter. I sent off all the proof I had of non delivery and they've closed my case with no further action.