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Online Purchase Refused Return Request CCR 2013

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  • sheramber
    sheramber Posts: 22,558 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    They have set up a new business with a similar name.  

    They are not trading as the limited company. 

    The website was set up 2025

    Domestic shipping just means it is sent from a warehouse in the  UK. 
    It does not mean it is a UK based  business

    Terms scream not UK business. No region of jurisdiction stated. 
    Must be over 13 to order?
    No business address 
  • A_Geordie
    A_Geordie Posts: 257 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 14 March at 2:23PM
    Dave1UK said:
    I am pretty certain that their company is dissolved (https://find-and-update.company-information.service.gov.uk/company/15797787), so they shouldn't be trading anymore?

    Not sure whether it may be a good idea to email them again stating that they shouldn't be trading given being dissolved earlier this year and doing so is illegal/fraudulent trading? This may make them reconsider the return, otherwise just go via the PayPal route but not sure what success chances are possible with that?
    If you're going to throw about serious allegations such as illegal/fraudulent trading then you best be sure you back it up with evidence. The fact that the company House of Husna Ltd dissolved on 21 January 2025 and the website is still continuing to trade does not, in of itself, amount to fraudulent trading.

    Where on the website does it say that House of Husna Ltd are the owners of the website? Nothing I can find in their terms and conditions, privacy policy, refund policy and other links suggest the website belongs to that company.

    If you purchased the item after 21 January 2025 then your contract is not with that company, it will be directly with an individual or business that owns and runs the website. Companies House has listed Eiliyah Hussain as the director of the company which may very well be the same person who is continuing to trade using the website but unless you're willing to spend time and money investigating for the sake of £34, I would write this off as a lesson learnt not to purchase from a company or business that you don't know who you're dealing with or have any means of contact/ability to pursue. 

    As for PayPal, on what basis are you looking to reclaim a refund? 
  • Dave1UK
    Dave1UK Posts: 17 Forumite
    10 Posts First Anniversary
    A_Geordie said:
    Dave1UK said:
    I am pretty certain that their company is dissolved (https://find-and-update.company-information.service.gov.uk/company/15797787), so they shouldn't be trading anymore?

    Not sure whether it may be a good idea to email them again stating that they shouldn't be trading given being dissolved earlier this year and doing so is illegal/fraudulent trading? This may make them reconsider the return, otherwise just go via the PayPal route but not sure what success chances are possible with that?
    If you're going to throw about serious allegations such as illegal/fraudulent trading then you best be sure you back it up with evidence. The fact that the company House of Husna Ltd dissolved on 21 January 2025 and the website is still continuing to trade does not, in of itself, amount to fraudulent trading.

    Where on the website does it say that House of Husna Ltd are the owners of the website? Nothing I can find in their terms and conditions, privacy policy, refund policy and other links suggest the website belongs to that company.

    If you purchased the item after 21 January 2025 then your contract is not with that company, it will be directly with an individual or business that owns and runs the website. Companies House has listed Eiliyah Hussain as the director of the company which may very well be the same person who is continuing to trade using the website but unless you're willing to spend time and money investigating for the sake of £34, I would write this off as a lesson learnt not to purchase from a company or business that you don't know who you're dealing with or have any means of contact/ability to pursue. 

    As for PayPal, on what basis are you looking to reclaim a refund? 
    House of Husna Ltds registered office address on company house is the same as the packages sender address on the postage label. The name is basically identical as well. I think that would make it pretty clear that they are one entity?

    In regards to PayPal, I wish to return the goods to the seller and reclaim a refund that is all.
  • A_Geordie
    A_Geordie Posts: 257 Forumite
    Third Anniversary 100 Posts Name Dropper
    Dave1UK said:

    House of Husna Ltds registered office address on company house is the same as the packages sender address on the postage label.
    And? It isn't illegal or unlawful for someone to trade from the same address as a dissolved company.

    Dave1UK said:
    The name is basically identical as well. I think that would make it pretty clear that they are one entity?
    It's only clear if the names are identical. Saying it is basically identical gives me the impression it is very similar but not identical, in which case the answer is no, it is not pretty clear as you suggest. Even if the company name was identical except there is no reference to the word "Limited" or "Ltd" at the end, the business may be trading as a sole trader or some other business structure which again, is not illegal to do.

    Dave1UK said:

    In regards to PayPal, I wish to return the goods to the seller and reclaim a refund that is all.
    For refunds, PayPal allows disputes to be raised under the following categories:
    • Item Not Received: Dispute must be opened within 180 days of the date you sent the payment to the seller.
    • Significantly Not as Described: Dispute must be opened within 30 days of the date of delivery or fulfilment (as applicable) of an order or within 180 days of the date you sent the payment to the seller, whichever is sooner.
    • Unauthorised transactions: You must notify us of a problem with the transaction within 13 months after the payment was made.
    • Unexpected billing agreement payment: You must notify us of a problem with the transaction within 8 weeks after the payment was made.
    • Incorrect payment: You must notify us of a problem with the transaction within 13 months after the payment was made.
    Refunds for change of mind do not come under those categories so you may struggle going down that path. 
  • fullyrendered
    fullyrendered Posts: 55 Forumite
    10 Posts First Anniversary Name Dropper Photogenic
    You may return, damaged items within 7 days of delivery for a refund. Please note that we will not be able to refund any shipping costs.

    I don't think they have any plans to abide by our consumer laws based on this example.

  • born_again
    born_again Posts: 20,501 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Looks like a typical drop shipper. Given the address is a private residential address..
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    According to Companies House the former company was run by a 18 year old, probably should say "run" given they only had the company for a few months before requesting it be struck off. 

    There is nothing wrong with a sole trader using the same trading style as a former company as long as it's clear you are dealing with the sole trader and not the company. There are a number of issues with the website, like not identifying the entity in which is running the site, but the company of the same name isnt one of them. 

    A_Geordie said:
    Dave1UK said:

    House of Husna Ltds registered office address on company house is the same as the packages sender address on the postage label.
    And? It isn't illegal or unlawful for someone to trade from the same address as a dissolved company.

    Dave1UK said:
    The name is basically identical as well. I think that would make it pretty clear that they are one entity?
    It's only clear if the names are identical. Saying it is basically identical gives me the impression it is very similar but not identical, in which case the answer is no, it is not pretty clear as you suggest. Even if the company name was identical except there is no reference to the word "Limited" or "Ltd" at the end, the business may be trading as a sole trader or some other business structure which again, is not illegal to do.

    Dave1UK said:

    In regards to PayPal, I wish to return the goods to the seller and reclaim a refund that is all.
    For refunds, PayPal allows disputes to be raised under the following categories:
    • Item Not Received: Dispute must be opened within 180 days of the date you sent the payment to the seller.
    • Significantly Not as Described: Dispute must be opened within 30 days of the date of delivery or fulfilment (as applicable) of an order or within 180 days of the date you sent the payment to the seller, whichever is sooner.
    • Unauthorised transactions: You must notify us of a problem with the transaction within 13 months after the payment was made.
    • Unexpected billing agreement payment: You must notify us of a problem with the transaction within 8 weeks after the payment was made.
    • Incorrect payment: You must notify us of a problem with the transaction within 13 months after the payment was made.
    Refunds for change of mind do not come under those categories so you may struggle going down that path. 
    Dont use PayPal much these days but somewhat surprised there is a "returned and wasnt refunded" option unless they shoehorn it in to one of the others somehow. 
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