Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Jennyone1 Novitiate

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    Unhappy BMC Digital refusing to refund me for dud pen

    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 paypalicon. 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.

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  2. #2
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    Default Re: BMC Digital refusing to refund me for dud pen

    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.


  3. #3
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    Default Re: BMC Digital refusing to refund me for dud pen

    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



  4. #4
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    Default Re: BMC Digital refusing to refund me for dud pen

    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.

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    Never phone or accept phonecalls from debt collection companies.

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  5. #5
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    Default Re: BMC Digital refusing to refund me for dud pen

    The only thing they will say again and again is that because I rasied a dispute with paypalicon 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.


  6. #6
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    Default Re: BMC Digital refusing to refund me for dud pen

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

    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.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
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    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
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  7. #7
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    Default Re: BMC Digital refusing to refund me for dud pen

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


  8. #8
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    Default Re: BMC Digital refusing to refund me for dud pen

    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".



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    Smile Re: BMC Digital refusing to refund me for dud pen

    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.


  10. #10
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    Default Re: BMC Digital refusing to refund me for dud pen

    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.

    Trading Standards wants your help

    Dubious website businesses
    Conterfeit alcohol and cigarettes
    Illegal sales of alcohol, tobacco, knives & fireworks to children
    Cowboy builders or tradesmen
    Car clockers
    Counterfeiters
    Aggressive selling

    http://www.ripofftipoff.net/

    Never phone or accept phonecalls from debt collection companies.

    If you don't believe you can win, there is no point in getting out of bed.
    _________________________ ________________
    _________________________ ___________________


    The Consumer Action Group needs help to cover its expenses.
    You could help by making a money contribution to-
    to http://www.consumeractiongroup.c o.uk/paypal.php?go=donate

  11. #11
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    Default Re: BMC Digital refusing to refund me for dud pen

    Dittoed. Nice one.




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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE