Refund Money Denied...I need advise please!!

[mansion402]

Hi,

 

I got a gold necklace and pendant from an online jeweller for my husband's birthday on the 9th of december,2009. Eventhough they advertised next day delivery, The items were packed and shipped on the 10th and delivered to me on Friday 11th december.

 

On arrival, i realised that the the gram of the gold necklace was less than what i ordered ( not as described ) and i called immediately to complain and was advised that i can return it by applying for a returns number within 7 days.

 

On Monday 14th dec, i applied for the returns number from the company and returned the goods in its original packaging by Tuesday.

 

After several emails and calls for confirmation of items returned, the online store replied on Monday 11th january saying that they can't return the items as the tags on the jewellery was removed so i should permit them to take another 5.95pds from my account to return the items.

 

I have called back and emailed them to request my money back as the items were only removed from its packaging for inspection before they were placed back and returned unused and undamaged.

 

I have since bought my husband another birthday gift but i really need to follow this up as they have got both my money and the Gold jewellery but are just being stubborn to refund.

 

Please advise what next to do as they do not want to refund

[blitz]

You were entitled to return the item under both the Consumer Protection (Distance Selling) Regulations 2000 and the Sales of Goods act 1979.

 

In order as your rejected the goods within 7 days of delivery (ss11 CP), and that there is a breach of contract by the goods not being as described (ss13 SGA) and therfore again rejected the goods but under (ss35 SGA) you are entitled to a full refund plus any costs involved (delivery for example).

 

Under the regulations they have 30 days to refund the amount from being informed of the goods being rejected and withdrawing from the contract. As such you fully advise them to refund the full amount within the next 7 days or you will report them to Trading Standards for both a breach in the Distance Selling Regulations as well as for selling goods that are not as described, being in breech of contract and withholding monies you are due.

 

I am assuming that the goods are not personalised, if they still get funny at the above, I am just going to laugh at them and will help send a few letters off (plus really do tell trading standards)

[mansion402]

Hi Blitz,

 

Thanks a lot. I have sent them a letter with your instructions and will definitely report them to Trading Standards if i dont get my money within 7 days.

[mansion402]

You were entitled to return the item under both the Consumer Protection (Distance Selling) Regulations 2000 and the Sales of Goods act 1979.

 

In order as your rejected the goods within 7 days of delivery (ss11 CP), and that there is a breach of contract by the goods not being as described (ss13 SGA) and therfore again rejected the goods but under (ss35 SGA) you are entitled to a full refund plus any costs involved (delivery for example).

 

Under the regulations they have 30 days to refund the amount from being informed of the goods being rejected and withdrawing from the contract. As such you fully advise them to refund the full amount within the next 7 days or you will report them to Trading Standards for both a breach in the Distance Selling Regulations as well as for selling goods that are not as described, being in breech of contract and withholding monies you are due.

 

I am assuming that the goods are not personalised, if they still get funny at the above, I am just going to laugh at them and will help send a few letters off (plus really do tell trading standards)

 

Hi Blitz,

 

I have sent the letter to them but they have not replied me yet. Please advise what to do now? Should i take them to court or involve my bank to withdraw the money?

 

Thank you

[dx100uk]

if you can do a chargeback on your card, do so.

 

as blitz has already said, after 7 days, contact TS,

 

dx

[mansion402]

if you can do a chargeback on your card, do so.

 

as blitz has already said, after 7 days, contact TS,

 

dx

 

Ok, thanks a lot

[blitz]

Send whats called a Letter Before Action:

 

Letter Before Action

 

Dear Sir/Madam

 

I enclose the letter I wrote to you on [Date]

 

I have given you reasonable opportunity to resolve my complaint in which you have failed to do so.

 

I have now been left with no alternative but to seek legal readdress through the courts. Unless this matter is resolved within 14 days I will instigate legal proceedings without further notice. The cost of this action will be added to my claim.

 

Please be aware that I am legally entitled to a refund as per my statutory rights under The Sales of Goods Act 1979 (As Amended), as the product is not as described (s13); allowing me to reject the goods for a full refund under s35. In addition I am also entitled to return the goods under the Consumer Protection (Distance Selling) Regulations 2000 as I have indicated I wished to return the goods within 7 days of delivery.

 

As you have now failed to adhere to the regulations, and up hold my legal statutory rights I have proceeded to report this incident to trading standards.

 

I await to hear you satisfactory response within 14 days.

 

Yours Faithfully

 

[Name]

---

Oh and report them to TS via Consumer Direct . The above should be sent recorded delivery

[mansion402]

Hi Blitz,

 

I sent the letter last week and reported to Consumer direct as i recieved no reply. They have now sent me an email that the money has been refunded back to my card. I think trading standards contacted them because i got a call from trading standards to explain the situation. Thank you soo much.......

[dx100uk]

there you go

now don't forget the scales of those that helped and a small donation to CAG...

 

no not really!

 

well done

 

dx

[HerrMaker]

Hi there. How did you pay for the necklace/

 

was it by credit card? If so, you could hold raise a dispute with them. If it cost more than £100 and you used a credit card, you could make a claim under section 75 of the consumer credit act 1974. his hold the credit card company jointly liable for breach of contract as I believe this is the case.

 

In this case they would fight your cause and no need for court action by you.

Edited January 29, 2010 by HerrMaker
too late- case resolved

[Conniff]

Unfortunately rejection under DSR must be in writing within 7 working days and you phoned, so you have no claime under DSR