Thread: Help Needed

i am needing advice on how to go about on claiming my money back from a company called del prado,
i was getting issues to build a model boat from them in 2003, when these issues stopped arriving i asked why and was informed that they were on back order and would be sent out once recieved, to cut a long story short, due to home problems i was not able to contact them again till last year, and was informed that they had taken the company over that was suppling them, and that they have mishandled my account and would not refund my money.
trying to say that i cancelled my contract, which is not the case esp when i had only 14 issues from the end to go, and would not put myself out of pocket with over £300 pound, i have wrote to them and asked for it back, as most of the issues sent to me are unused and offered them back to them as they can no longer supply, where do i stand, and what can i do, any advice would be really appriciated thank you

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yeah i can ask them for proof, but know for a fact they want have it, as i never cancelled with them

This is a really stupid question, but how on earth do you start a new thread? All I have been able to do is reply to others, and I have a burning question that I need help with. Please help me someone.

or it will be at the bottom of the forums

i have given them the opportunity to supply the remaining issues, but they cant do this either

If they've been taken over by another company you may be in trouble - companies taking over an interest in a bankrupt company will not take on any liability to existing creditors.

However - I don't know who to contact to find out about it...

they have not been taken over, but took the company over that was suppling them

hi folks, i have wrote to del prado now on several occasions to ask for a refund, but as they say the account is over 3 years old that their is nothing that can be done, my only route now to take is to issue them with a court claim, anyone got any advice how to go about this and what a good defence would be thank you

They are incorrect on the three years bit for a start; statute of limitations gives you six.

I would send them a "letter before action" something like the following:

Originally Posted by Letter Before Action

Dear Sirs

LETTER BEFORE ACTION

I refer to our numerous previous communications regarding issues ofXXXX Magazine which you have failed to send. I have repeatedly asked you to honour your obligations arising from our agreement and you have failed to do so.

Accordingly I now require that you either (a) Supply the magazines I ordered and paid for (Issues xx to xx of XXX Magazine) or (b) refund the money I have paid for the outstanding issues totalling £xxx.xx.

I would expect that a company such as yours would be able to respond to this requirement within 7 days and accordingly if I have not heard from you by dd/mm/2006, or if your reply is unsatisfactory, then I will immediately take action against you without further notice.

Yours sincerely

I have entered X's where you need to fill in details; amounts, name of the Magazine etc. Also the date in red should be NINE days after you POST the letter; i.e. if you write the letter on the 9th and post it on the tenth, then this date should be the 19th. If they have not replied to your satisfaction when the last post arrives on the 19th, then immediately raise a claim in the courts.

I would also make sure you have a copy of the order, any invoices or receipts etc... and if you haven't, serve them with a Subject access request requiring that they supply you with all communications, payment records, orders etc which they hold on you.