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Need Help
Comments
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Out of interest would you mind sharing what CAB have suggested you send a Letter Before Claim?
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They sent me this link to the
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As it says, that's just a template letter to cancel the order in the first place, rather than a draft Letter Before Claim, for which they do have a separate template (albeit oriented to faulty goods rather than refusal to accept cancellation):
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If the coat had been sent to a different department as it was deemed not to be a Flannels product , then it is conceivable that a chat bot/ customer service agent could not locate it under returns waiting to be refunded.
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which letter template do you think i should use and should I send to flannels head office or Fraser group or both?
Regards
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A quick Google suggests something like this - although I guess it's some sort of AI product.
See what others think of it before sending off.
(I see no harm in writing to both so long as it's clear who you actually bought from, but again see what others think)
[Your Address]
[Postcode]
[Email Address]
[Date]
(Note: the above lines need to be right justified but I can't work out how to do that with this new editor)
[Trader’s Name]
[Trader’s Address]
[Postcode]
LETTER BEFORE CLAIM
Re: Refusal to Cancel Distance Contract – [Order/Reference Number]
On [date], I entered into a contract with you for [brief description of goods/services] via [online/telephone/mail order]. On [date], I exercised my statutory right to cancel within the 14-day cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and on [date] I returned the coat to you.
You have refused to recognise both the cancellation and the return. This refusal breaches my statutory rights. I require:
- Written confirmation that the contract has been cancelled; and
2. A full refund of £[amount] within 14 days of the date of this letter.
If I do not receive a satisfactory response within 14 days, I will commence proceedings in the County Court without further notice. I will also seek to recover court fees, interest, and any other costs incurred.
This letter is sent in compliance with the Pre-Action Protocol for Debt Claims.
Yours faithfully,
[Your Name]
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OP doesn’t need to prove whether or not the coat is fake, the matter is ultimately whether or not OP returned the coat that was sent to them. I do see how anyone can prove this but equally I don’t see how anyone can prove what was sent to OP in the first place.
OP needs to keep this simple IMHO, coat arrived, coat returned, down to retailer to disprove by showing what they originally supplied.
I’d imagine they’ll fold if OP files through the court process (after sending the LBA), and then they might get a third party to send scary looking letters pestering for repayment…In the game of chess you can never let your adversary see your pieces0 -
It's just if it went to court knowing if it was fake or not could help OP.
Life in the slow lane0 -
Many thanks to all of you for taking time to give me your advice it really means a lot.
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I have now lodged a claim with the court and I will update on here how I go on for anyone having the same issues. Thanks
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