shiply transport wont return my deposit

[garrycavell]

hi all,

 

i recently bought a car off ebay which was 350 miles away

 

joined shiply transport to collect it for me,

 

after i accepted a price from one of there drivers

 

he said he would be able to collect

 

i paid my deposit of £44.00 through paypal ,

 

the driver let me down after 3 days of messing me around and

 

eventually said he hasnt got a job up that way,

 

i contacted shiply for a refund ,

 

after waiting 10 days they eventually said i am entitled to a credit as the driver let me down

but i dont want a credit as i would never use this company again

 

surely i must be entitled to a refund as it wasnt my fault the driver let me down,

 

thanks,

 

Garry

[dx100uk]

yes you are

 

how did you pay them?

 

dx

[garrycavell]

payed through paypal but they wont help as it is a none tangable transaction

[dx100uk]

how do you pay paypal

 

is there a card involved?

 

dx

[garrycavell]

yes you have to have a debit card registered with paypal and if you dont have any money in your paypal account it goes off your card

Edited December 12, 2013 by garrycavell

[dx100uk]

then you should see the transaction as a debit transaction on your bank statement

 

you can us chargeback.

 

http://whatconsumer.co.uk/visa-debit-chargeback/#axzz2lKiqY17K

[garrycavell]

but only 20.00 went on my debit card as the rest was already in my paypal account

[silverfox1961]

Hi

As Shiply do a refund as an account credit which vanishes after 6 months if you don't use it, I would consider that unfair practice and while it is not a lot of money, I would be sending them a letter before action and if they still refuse to refund, sue them.

 

Just because the terms and conditions say one thing does not make it fair. I would bet that once court papers drop on their desk, they cough up.

 

I would also be reporting this to Trading Standards as this is (I believe ) in breach of CPUTR

 

http://www.legislation.gov.uk/ukdsi/2008/9780110811574/contents

[garrycavell]

thank you i will ,i know its not a lot of money 44.00 but its so annoying after they let me down,i really dont think they should be allowed to get away with this,i cant believe a large company like shiply who i would imagine spend thousands on advertising would let £44.00 help to ruin there reputation

[dx100uk]

sadly there are lots of various complaints about them

esp in the parcel forum

 

dx

[garrycavell]

just a quick update,been intouch with trading standarts today and they have told me that shiply are in breach of contract so i need to put it in writing to them and see what they say

[Conniff]

Do it by recorded delivery.

[garrycavell]

yes i will do thanks

[garrycavell]

well i wrote to shiply asking for ny deposit back as they were in breach of contract as advised by citizens advise bereau ,sent letter recorded on 23/12/2013 giving them 14 days to reply but they have ignored me ,what can i do next,any advice much appreciated,Garry

[silverfox1961]

Hi

The only thing left for you now is to sue them through the County Court system.

 

I will alert the site team to see if anyone can assist.

[garrycavell]

thank you

[Conniff]

Send then virtually the same letter only this time head it in bold 'Letter Before Action'. At the end you can add 'You have 14 days to respond favourably, failure to do so will result in a court claim being issued without further notice'.

 

Don't threaten court if you aren't prepared to go through with it though.

[bcg101]

As wrong as it might be. You have to pick your fights. If you do decide to go down the court route it will cost you in excess of the £44 to start the claim. Even if you do win it is not a guarantee of getting your money.

[silverfox1961]

As wrong as it might be. You have to pick your fights. If you do decide to go down the court route it will cost you in excess of the £44 to start the claim. Even if you do win it is not a guarantee of getting your money.

 

I disagree strongly. While it is the Op's decision whether to litigate or not, to stop this company from using this condition which is plainly in breach of the unfair terms regulation, action needs to be taken.

 

I suspect that once court papers hit Shiplys mat, they will want to avoid action and settle. Until such time someone takes them to task, they will continue to fleece customers.

[bcg101]

You misunderstand me silverfox. What shiply have done is completely wrong. But shiply are simply an intermediary. I imagine somewhere hidden deep in their terms and conditions there will be information stating the contract is between the customer and the self employed agent who should of collected the car.

 

That means it will be the driver with his car & trailer who garry will need to make the claim against. Garry would more than likely win a court case but that is entirely different from getting paid. That is why I advise caution. He may end up further out of pocket and have all the stress that goes along with it.

[garrycavell]

the deposit was payed direct to shiply and after doing a bit of fishing around about shiply it seems that the driver does not get anything if he backs out of the job,i think shiplys cut on the deal is the deposit

[garrycavell]

i payed the deposit to shiply and after doing a bit of fishing around i believe that even if the driver backs out of the deal shiplys cut is the deposit so the driver would never have seen this money

[garrycavell]

the deposit went straight to shiply i believe that the driver does not see any of that money as that is shiplys cut

[garrycavell]

still no joy with shiply they just ignore my letters,anything else i can do??

[Conniff]

Court, the only thing micky mouse companies understand.