Goods Paid for, but not received

[Ronniebaby]

Can anyone advise me on what to do next??

 

I placed an order online to a company, on the 8th April for a teeshirt.

 

When I hadnt received after about 2 weeks, I wrote to them asking where it was.

 

They replied saying " as stated it takes 28days". I thought fair enough.

 

Now some over 2 months later I still havent received the t-shirt.

 

I have written/emailed the company 4 times, first time they replied, its been sent. 2nd time was well it was sent I'll send it by recorded this time. 3rd time, basic it has been sent, 4th time they havent replied yet. I asked if they have sent it who signed for it??? & I have asked for a refund.

 

The cheeky b******r's took the money off my credit card the very same day.

 

What can I do???

[Skell18]

This is a simple contract dispute, they have not fufilled their contractual duty by delivering the items, saying it was sent is not enough as the contract is not completed untill you recieve the goods. Write to them again stating this, that they are in breach of contract and that they should refund you the cost (plus postage) or you will seek legal advice on what to do next. You could also add in for added effect that they have breached an implied term from the Supply of Goods and Services Act 1982 (s14 or 15 i think) that where no time period for completion (i.e. delivery) is stated that it should be done within a resonable time. As this is statutory there is no way out and if it went to court they would lose on this ground. It should shock them enough to refund you or send out another t-shirt.

 

They may reply with something like 'we have not recieved a returned item etc' but keep at them about it as if you have not recieved it then they are are in breech of contract and should refund your money.

 

Hope this helps

[BankFodder]

Under the Distance Selling Regulations, the trader is responsible for getting the goods to you. They do not complete their obligation to you merely be shipping the goods off. You are waiting too long and the whole thing will go stale.

 

As long as you are prepared to sue them, send then a letter before action giving them 14 days to provide you with a Tshirt or refund. - you choose.

 

Then sue.

 

If you don't intend to sue then don't send the letter as it will just make you look silly.

 

I don't think that SOGA 1982 is relevant here. In your claim you simply plead that yo made a contract on XXdate for a Tshirt for £XXX and that despite several reminders you have not received your goods. You claim your money plus interest.

You can do this online with MoneyClaim.

Very easy. It will cost you about £30 which you will get back is you win. On your story, there is no reason for you to lose

[Ronniebaby]

Thanks very much guys, I have in the past when I was self employed had to issue county court summons to get money, so I'm not afriad of issuing legal action.

 

I just wanted clarity, and that I wasnt in the wrong, it is totally un-acceptable the way they reply and have treated me.

 

Its just a shame I cant name and shame them. As that would be un-ethical.

[BankFodder]

When you have brought your action and got your judgment then by all means come back and name them. They will be on page one of google within 24 hours

[gyzmo]

And also report them to Consumer Direct. If they are conmen or continually breaching civil law then Trading Standards could take criminal action against them. Such action will help consumers generally in the long run, but cannot happen without proof that such things do occur. Help yourself to help others to help you!

[jtors65]

did you send by recorded post or any signed for delivery service, if so you can claim with the post office