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    • Knits
    • By Knits 14th Apr 18, 7:52 AM
    • 4Posts
    • 0Thanks
    Should I open a court claim?
    • #1
    • 14th Apr 18, 7:52 AM
    Should I open a court claim? 14th Apr 18 at 7:52 AM
    I purchased a Fitbit fitness tracker last year. I purchased directly from Fitbit not through a retailer. Within around four weeks of purchase it became clear it was faulty. I immediately contacted the company and after several months of complaints they eventually agreed to replace it. They sent me a “refurbished” (ie used by another customer before being sent to me) replacement which caused an allergic reaction on my arm.

    The company then agreed that I could return the product for a full refund. I have an email confirming this. They provided a DHL returns label and I sent the goods to them using this. They acknowledged receipt of the goods and promised my refund would be paid in 2-3 weeks.

    The refund didn’t arrive so they then said it would be 4 weeks. The refund still wasn’t paid so they said it would be 5 weeks. It’s now been over 5 weeks and they have said it will be another week. I’m now starting to worry about whether they have any intention of paying as they seem to simply tell me to wait another week every time I question them.

    I have read the guide to using the small claims court and I am wondering if I should open a court claim. My main concern is that the amount I am owed is less than £200 so the £25 fee is quite a significant chunk of it. I really hope that simply being told the case has been taken to court would prompt them to pay up, so if that did happen and they paid before a court hearing then would they have to repay my £25 court fee or would that be lost?

    I’d really appreciate any advice about this. Thanks in advance to anyone who’s able to help me.
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    • stevenhp1987
    • By stevenhp1987 14th Apr 18, 8:35 AM
    • 793 Posts
    • 610 Thanks
    • #2
    • 14th Apr 18, 8:35 AM
    • #2
    • 14th Apr 18, 8:35 AM
    Did you pay by credit card? Was it over £100? If so, speak to your bank as you should be protected by Section 75.

    If not, then for either a Debit or Credit card (any amount); If you have it in writing (email) that they will provide a refund, then you could speak to your bank regardless because they have promised a refund and not delivered. So long as you've kept copies of all emails and proof of return you should be able to get a chargeback done.
    • DCFC79
    • By DCFC79 14th Apr 18, 8:35 AM
    • 33,618 Posts
    • 21,157 Thanks
    • #3
    • 14th Apr 18, 8:35 AM
    • #3
    • 14th Apr 18, 8:35 AM
    Which uk address would you send it to ?

    I dont believe you can semd it to a non uk address, there is an address in Ireland but Im not sure if you need to use a different process.

    You tried using social media eg twitter as a means to get them to do something, firms dont like bad publicity.

    Try route suggested by stevenhp first.
    • steampowered
    • By steampowered 14th Apr 18, 11:15 AM
    • 3,035 Posts
    • 3,028 Thanks
    • #4
    • 14th Apr 18, 11:15 AM
    • #4
    • 14th Apr 18, 11:15 AM
    First check with your bank whether you can do a chargeback or s75 claim.

    If that doesn't work, send them a letter before action giving them 14 days to pay or they will face court action.

    If that doesn't work, issue a small claim. It is very easy to do. They will almost certainly pay up when the claim hits their doormat.
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