Advice on further action after LBA

[Calvin K]

Hi,

 

A retailer has constantly broken promises to send me the products and pay me back the refund.

 

I have sent them the Final Notice before Legal Action giving them 14 days to resolve the complaint satisfactorily.

 

Should I appoint a debt collector to get the money back or just go straight file a county court claim after 14 days?

 

Any recommendation for reputable debt collector?

[Bazooka Boo]

Debt collectors and reputable shouldn't be used in the same sentence, there is NO such thing.

If you have threatened them with legal action and they have failed to reply to your LBA, then you need to chase them through the small claims track, depending on the amount you are claiming will depend on the amount it will cost.

[panther12]

What I did when a retailer refused to offer a refund on a faulty item was complete an N1 claim form from the court website and sent it to the head office with a letter stating it was a draft in which I fully intended to file in court within 14 days should the situation remain unresolved. The head of customer services wrote back apologising and coughed up straight away.

[Calvin K]

The retailer promised me the refund. He even assured me that the fund would arrive 2-3 days later. However, the refund never arrive. I asked for a bank receipt to prove that the refund has already been made, so I can chase the bank. I am simply ignored.

[Guest Cartaphilus]

The retailer promised me the refund. He even assured me that the fund would arrive 2-3 days later. However, the refund never arrive. I asked for a bank receipt to prove that the refund has already been made, so I can chase the bank. I am simply ignored.

 

So who is this retailer? A chain store? Or a private individual, only you refer to the retailer as a 'he' which appears to imply that. Good luck with finding a 'reputable' DCA lol. But if you can clarify whether this is a known retailer or a private trader eg ebay?

[Guest Cartaphilus]

Well anyway, I can see you previously posted a few days ago with the same problem but had no replies. I'll leave you to it.

[Calvin K]

The retailer is Parkers Whisky and "he" is Richard Parker who is the proprietor of Parkers Whisky.

[Guest Cartaphilus]

Oh, I see. Thanks.

 

Just been over to have a look ... Very expensive, well some are.

Edited November 16, 2010 by Cartaphilus

[CTB]

I'm having the exact same problem with Parkers Whisky. I placed an order in June, paid for it and not only have I not received my whiskies but now that I want my refund I have to keep chasing them with phone calls. I've been waiting for my refund since September.

 

Unfortunately I placed my order online because I'm from Portugal, and therefore it is difficult for me to go directly to the store and complain. I have no idea how to complain in Scotland about this situation. Can anyone help me?

[Undercover-Elsa]

Hi,

You could check out the UK ECC services site, as you're in Portugal:

 

 

http://www.ukecc-services.net/

 

Also Consumer Direct in Scotland:

http://www.consumerdirect.gov.uk/

 

Hope this helps

 

Elsa x

[CTB]

Thank you

[Calvin K]

You are not alone. I found more than one complaint about this merchant. My opinion is that he has done this on purpose.

I have even threaten to report to the police if i do not get my refund and I still do not get my refund. He may have done this on a regular basis.

Here is what I have done:

1. I have reported to Action Fraud in the UK. This is in turn reported to the police in the UK. They may not investigate it case by case. However, if there are sufficient reports, the police will commence investigation directly.

2. I have also reported to Consumer Direct.

3. I have sent them a final notice before legal action. Then, I think I will have to file a county court claim against him if I do not receive my refund by the end of this week. (You may not be able to do this since you are not in the UK)

4. You can also try trading standard in scotland. They may be able to help. I have made a complaint to them as well.

5. I have complained to "wine-searcher" about them where I have searched for this merchant.

6. I am also planning to report to the local police for this suspected fraudulant action.

7. I have also written to raw deal at Sunday Post regarding this. I have received no response yet.

Hope this help

But I think I have been left with no alternatives but to sue this merchant.

[CTB]

Thank you Calvin K.

I'll now study everything I can do to see if this problem is solved. I hope they pay you!

I'm a little tired of chasing them all the time beause I phone them alot and the problem is still to be settled!

[Undercover-Elsa]

There's also a new series of "Don't get done get Dom" looking for people with such problems at moment. See the announcement at top of Debt Collection section

[Calvin K]

Calling them is no use according to my experience. 90% of the time, you will be told that only Richard can look into that and you will be asked to leave a message & phone number and Richard will call you back. Most of the time, he doesn't. Even if you do manage to speak to Richard, he would just say he will look into it and give you a call back. Guess what? Do not hold your breath for this neither. I have decided to stop calling them. I wrote emails and registered letter to them in case I get to use them in court.

 

I asked for tracking numbers for my order, I never get one.

I asked for a copy of the receipt for the refund, I never get one neither.

All i get are only unfulfilled promises.

[Bazooka Boo]

Small claims court it is then, once he has failed to answer to your letter before action, within a reasonable time period, say 14 days to rectify your complaint, then issue him with a small claim, the LBA needs to be sent recorded delivery, then you can issue a small claim, I look forward to watching this on the TV, don't forget BBC Watchdog too!

http://www.bbc.co.uk/watchdog/gotastory/

[Jasper1965]

Wouldn't this come under the Scottish judicial system rather than the English and Welsh county Court system since parkers are based in Scotland?

[Calvin K]

I think this can be done according to rule 8 of schedule 4 to the Civil Jurisdiction and Judgments Act 1982:

 

 

 

8. — (1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

(2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

(3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

 

 

[Guest Cartaphilus]

You know I really hate to disagree with anyone ... but earlier I found this which was very interesting to read:

 

http://www.whiskywhiskywhisky.com/forum/viewtopic.php?f=2&t=1577&start=50&st=0&sk=t&sd=a

[Calvin K]

this is an interesting read indeed. there seem to be a pattern there, a group of local supporter from Scotland. and most complainers are not from local,

 

very interesting to see how that ended up as well.

[Calvin K]

There are more post for this if you google the name

Edited November 25, 2010 by Calvin K

[eveninthequietestmoments]

this is an interesting read indeed. there seem to be a pattern there, a group of local supporter from Scotland. and most complainers are not from local,

 

very interesting to see how that ended up as well.

 

Yes, it is very interesting isn't it? Like how grammar changes from place to place. And yes there is a 'pattern' developing ... I shall be sure to mention it to him ... Patterns are immensely interesting, 'specially when they form in larger clumps.

 

Yes, my friend ... He will be interested in this new pattern. Btw, he doesn't drink, nor does he even like whiskey but I look out for him. Tattybye for now.