Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi
The story is :
We bought a large pine Mirror from a company called Classic oak and pine LTD.We had seen in on their website and placed the order over the phone in February.
Total cost £207 with delivery.Initially told delivery would be 10 days and they would send samples of the finishes that were available.
After a few weeks and many phone calls eventually we received the samples.Phoned them with our choice and told 10 days for delivery.
We waited again and phoned to be told it's on its way but it never appeared.
In May we were so fed up my husband called again and was told by the owner that it was in front of him and being loaded onto the van and delivery would be the following friday.One last chance we thought.Guess what - it never came.
I have phoned the owner now on several occaisions and asked for a refund of the money.He has told me he will do that but still no refund.
We have spoken to one of his employees who has told us that the owner buys these mirrors in bulk but the company he buys them from has gone into receivership so has lost the money he paid.He has never told us this.
Am I right in thinking that this doesn't affect our rights as the contract we entered into was with him and not a third party.
I have sent him a letter requesting a refund which he has ignored.
What is my next step?
Small claims? and if so am I able to apply for 8% interest on the money we paid.
Sorry for the long winded story but I'm really fed up with this .
thanks for any help.
If you paid for it by credit card just speak to the credit card company and dispute the charge. Otherwise, you might want to try your local trading standards and bottom line would be a small claims court claim I suspect...
Your contract Is with Classic oak and pine LTD, not their supplier. If the goods ordered can not be produced then they are effectually in breach of contract.
As Alextech said, If you have paid with a Credit card explain the situation and request a charge back.
You can only get a chargeback onto credit card under section 75 of the CCA, unfortunately you don't get the same protection with debit cards. Have you put in writing that the co have 14 days to supply goods or issue refund, making time of the essence? If not do so and follow with letter before action.
I have spoken to Consumer Direct who have passed it to Trading standards to deal with now.They are going to call me.
I have sent a lba to the company and spoke to the owner today who informed me when I asked for his full name for paperwork "If you want to play it that way -fine -we'll play it that way" said all I want is my money back and he slammed the phone down on me!!!
Good customer service -NOT
what a shoddy way to conduct business:o
Make sure you do everything via letter now and push down the Trading Standards and Small Claims routes. I don't know if it'd be worth popping into the police station and reporting it as fraud/deception or something too if he wants to be an ass about it.
Well I'm SOOOOOO MAD.
I did file a claim on line against this shabby company and they never responded and I could apply for judgement this weekend.However I got a letter today saying that they were going into voluntary liquidation and was told the likelyhood is that I won't get any money back!!!!!! and there's nothing I can do about it.
Any advice?????
Continue with your claim - once you have a judgement I believe you will be listed as a creditor so there is a chance you'll get something back. There is also a chance that they are just trying to pull the wool over your eyes too, of course. If they are going into voluntary liquidation, it may be worth finding out who the Insolvency Practitioner (or solicitor) dealing with them are and asking them what they advise.
The Companies House website mentions voluntary liquidation here
Of particular interest is the last bit which states:
Whatever the proceeding, the company is insolvent and will eventually go off the Register, won’t it?
In a members’ voluntary liquidation, the directors swear a statement, known as a declaration of solvency, to say the company will be able to pay all its debts within a period not exceeding twelve months. The company would not be 'insolvent'. Only liquidations result in the company being automatically dissolved. It is possible, following the conclusion of a receivership, administration or corporate voluntary arrangement, for a company to remain on the live register and continue trading.
Now I'm no lawyer but that looks to me like there is still some hope...
As they haven't responded to any of the court stuff I think your best bet would be continue and get a judgement against them anyway. Some useful information here too
Edit: Just found this site which may be useful too!
Sadly unless you paid by credit card anddisputed the charge as above you will be bottom of the list of creditors and will get back next to nthing of what you have paid.
Thanks for the really useful links Alexteh.
Interesting reading.We are looking into the possibility of pursuing it through fraudulant behaviour by the seller as he took our money knowing he couldn't supply the goods.We shall see.
Thanks
Even if you paid by debit card you can still get your money back, i bought a DVD over the internet which after emails and phone calls to this company it never arrived as they said they never recieved my order despite taking the money for it, i contacted my bank who told me i could go into the bank and fill a form out and the bank would credit my account with the money and get it back from the company, i paid by visa debit and working for a bank i know this doesnt only relate to credit card companys...have you called your bank or has your husband?
Nationwide Won - £2000 Barclay Card - Hearing Date 14/08/07 Capital One - N1 Filed
Help re company refusing request for refund
eventually we received the samples.Phoned them with our choice and told 10 days for delivery.
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