BMC Digital refusing to refund me for dud pen

[Jennyone1]

Hi,
Firstly I'd like to say how great this site is and how glad I am that I can join.

I bought an item from a company online called BMC Digital who stated on their website that they abided by the Distance Selling Regulations. I paid for it with Paypal. When I received the item it didn’t work as stated on their website, so I sent it back by registered mail asking for a refund as per the Distance Selling Regulations – the item was sent within the prerequisite time. I also emailed them.

After four days I had heard nothing from them, so I raised a dispute with Paypal. They sent me a response telling me to reset the device, which they knew I didn’t have. I then escalated my dispute to try and get my money back, but Paypal turned me down because as long as something is delivered they couldn’t care less whether it was as described. The dispute was closed by them.

How do I get my money back? At the moment I have no item (it cost £80) and no money. Several emails later and they are messing me about insisting they can’t refund me. They haven’t offered to send me the item back either, so they must expect to keep my money and the item.

I would appreciate any advice as I am at my wits end with this. I don’t usually buy myself things, but this was from money I got for my birthday.

[raydetinu]

It does not matter how you paid, they must refund all monies if faulty incl postage under DSR; if not faulty less postage; you have 7days from receipt to return goods if not faulty?
you must put your claim in writing asking for refund and why and give them 7 days to respond or will take them to court, send recorded.

[gyzmo]

What exactly did they give as their reason? If it purports to deny your sttutory rights then you have them by the short and curlies

[Conniff]

I would also like to know what reason they give.

Their site states "This does not affect your statutory rights", (which it couldn't anyway), so go get em as Ray has said.

[Jennyone1]

The only thing they will say again and again is that because I rasied a dispute with Paypal they can't refund me. This is despite the fact I sent them email after email saying that the Paypal dispute was closed (by Paypal not me) and also sent a screen shot from Paypal stating that.

[Conniff]

You have no choice now Jenny but to send them a letter before action.

You require the full price of the goods and the cost of postage as it was returned as faulty and not rejected under the DSR.

Don't let it fester, get the letter off (recorded delivery) tomorrow, give them 14 days in which to refund.

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[Jennyone1]

Thanks for the advice. I will get that letter sent off and tell you how I get on.

[gyzmo]

Just to chuck a tuppence in, I believe that Paypals dispute service is nothing more than some kind of pre-court action on an infromal level. I think a court would look scournfully on such a "defence".

[Jennyone1]

Thanks for all the advice. I had a letter typed out with a recorded delivery sticker attached by midnight and was going to send it, but when I got up the next day they had refunded me with the customer services woman snootily saying 'Yes we are aware of the DSR' despite the fact they were happy to keep my money and the pen. Still, at least I got a refund. It shouldn't have been so difficult though.

Thanks again.

[Conniff]

Your right, it shouldn't have been so difficult. As the product was faulty, the DSR didn't come into it anyway.

Well done Jenny, shows what perserverence and determination can achieve.

[gyzmo]

Dittoed. Nice one.