Non delivery of goods - remedies

[ted22]

Hi

 

I ordered a TV on the internet.

 

I was given a date for delivery and the company failed to deliver. When I rang they had no reason for non delivery and when I asked for a new delivery date they said they didn't know.

 

I cancelled the goods verbally then and by email and by registered post.

 

Having looked this company up I have found out that they have done this thing before and especially apparently, not refunding money paid.

 

I have now sourced the tv from amazon but a cheaper model because amazons price ( and others) was more expensive than the original order price.

 

Can someone advise me

 

1)How long I will have to wait for non payment of refund before I can reasonably start a small claims court action to recover same.

 

2)Is it possible to also claim damages for the difference in price I had to pay for the amazon order and the original order ?

 

PS: As of now they have failed to confirm the cancellation

 

PPS: Just found out about visa chargebacks, would this be a better/quicker solution?

 

 

Thanx

[raydetinu]

Yep chargeback to credit card or debit card is the way to go.

According to distance selling regulations they have 30 days to refund the money.

[ted22]

I'm gonna give them 7 days then I will get in touch with visa chargeback.

 

So far they have not even acknowledged the cancelation.

 

 

Incidently the firm is Electrosaver

 

IMO, a very nasty little outfit

[389shell]

Hi

 

I2)Is it possible to also claim damages for the difference in price I had to pay for the amazon order and the original order ?

 

Thanx

 

What damages are you talking about?

[ted22]

What damages are you talking about?

 

The original contract was say to supply said goods at £350

 

The contract was broken by the seller. The only viable option for the buyer to re-supply these goods was somewhere else but purchasing the same or similar spec goods cost £50 more.

 

Therefore the claim would be for £50

[389shell]

If it got to court, then I am sure they would refuse this claim for damages, although there is no reason why you couldn't fire off a strongly worded email followed up by a letter. You don't know if you don't try.

[ted22]

If it got to court, then I am sure they would refuse this claim for damages, although there is no reason why you couldn't fire off a strongly worded email followed up by a letter. You don't know if you don't try.

 

Hi

 

this company don't even acknowledge emails let alone act on them

 

This gives an idea of what I'm up against

 

Electrosaver - Blagger.com - The place to leave feedback and comments about companies you have used

[Ted99]

We got our money back yesterday through the Visa Chargeback System .

 

Though purchasing with a Debit Card lacks the legal backup of purchasing with a Credit Card the Visa Chargeback System for debit card purchases is still useful for non-delivery problems.

 

We are very happy bunnies here:-D

 

PLEASE AVOID ELECTROSAVER of Bradford.

 

A very nasty little outfit

 

Edit: ted22 and Ted 99 are both the same poster, difficulties signing on as ted22

 

Edit 2: After beating Comet in the county yesterday and getting our refund yesterday turned out a very good day for us.

 

Consumers can bite back