Refused a refund - L D James Contractors ***RESOLVED***

[Fringer]

I ordered some luxury vinyl flooring from a company I found on Facebook.

They sent me some samples,

I picked wot I liked,

I gave her the measurements and she gave me a price.

I paid straight away, over £2000

 

The delivery came and instead of 'click' flooring, I received 'stick' flooring

This was a week before xmas.

 

She apologised profusely and arranged to have the wrong stuff collected on the 2nd Jan and the correct stuff delivered the following day.

I told her it was urgent and needed to be the same week as the workmen I have are ready for it.

 

The wrong flooring was picked up on the 2nd.

I have heard nothing

 

today I have been calling and sending messages.

Finally I got a response saying that she was at the hospital with her son and would get someone in the office to chase for me.

I heard nothing back.

 

My workmen have said they are ready for my floor Monday and any later than that will cause works to come to a standstill.

 

I messaged the woman again and told her this and said I'd have to get off somewhere else for Monday so I would like my money back.

She responded saying that they are already paying a 20% charge for the previous cancellation and if I am to cancel now I will have to pay a 30% cancellation charge.

 

No charges have ever been mentioned and there is nothing on their website about cancellation charges.

 

I asked why they are paying 20% when it was the wrong delivery and all she said was she will chase up my order Monday and get back to me.

 

Can she refuse a refund??

 

I have just heard from her again

This is what she has said

 

We aren't holding your money

it's been paid to the wholesalers who would have paid it on to the stockist when they placed the original order.

They will be charged 30% if they cancel this order and they will pass this on to us.

 

I can speak to them Monday and ask them to refund but it will be minus 30% that would be the best I could do and that's only if they agree at this stage.

It's out of my control I'm sorry the order has been placed and paid for.

I will try and speak to someone tomorrow for you.

Edited January 4, 2019 by dx100uk
merge/tidy

[dx100uk]

wrong!!

 

its was an online order

you have 14 days to cancel and receive a full refund even if you have no reason than you don't need it now.

within 30 days you can do the same as they sent the wrong flooring.

and it shouldn't cost you anything at all, not even return costs.

 

tell her to read the consumer rights act!!

 

how did you pay for this?

if by a debit card

go do a chargeback with your bank.

she cant argue then.

[Fringer]

No by bank transfer

[dx100uk]

oh dear ..got had that's facebook for you!!

 

well you are entitled to a full refund

the arrangement with her supplier is HER problem.

 

CRA Rules!!

[Fringer]

Ive been told this morning that the £30 delivery charge will definitely not be refunded as a delivery was made and the owner of the company os going to let me know about the 30% cancellation charge!

[BankFodder]

Reduce the problem. Receive the refund that they are prepared to give you and then immediately send a letter before claim demanding the rest or else you will sue them within 14 days. Also, if this error has caused you any losses such as additional expenses or costs to paid to the builders then you should claim for that as well.

 

At the expiry of the 14 days, issue the court claim without any further notice and without any hanging around. Don't bluff. Be as good as your word.

 

On the basis of what you say here, the chances of you recovering your full refund plus any losses caused by them are better than 95%.

[Fringer]

Thank u so much

[Surfer01]

Ive been told this morning that the £30 delivery charge will definitely not be refunded as a delivery was made and the owner of the company os going to let me know about the 30% cancellation charge!

 

Cannot refuse a refund of delivery cost as the wrong goods were delivered. If you just changed your mind then you are liable for delivery costs. In this case you should get a full refund.

If you follow Bankfodser's advice and go for a partial refund be very careful and make sure that somewhere in writing to state that you are accepting it as you have no choice and will be pursuing for the balance. When pursuing the balance and think you can also claim interest costs.

[ericsbrother]

Clearly the person selling you the goods is just an inexperienced middleman and so knows nothing of consumer law and cares even less about it. Do you have a proper address for them? If so then you can chase them at your leisure but you need to know that they are probably a person made of straw so you will struggle to get your money back even if you win a court case.

[Fringer]

I've not heard from the owner of the company like the person I was dealing with told me would contact me today.

I messaged her and have been told

 

It’s my day off today but the office cancelled the order. Your returned order is waiting to be collected by cavelleo. As soon as the office has had confirmation that there won’t be a charge for the opened package then they can start processing your refund.

Please email

[email protected] for any further information.

 

- - - Updated - - -

 

1 package was opened and that was when it was discovered to be the wrong flooring

[dx100uk]

email her back CLEARLY stating they cannot charge a return fee under CRA.

[Fringer]

I have done that. I really appreciate all your help

[BankFodder]

So have you sent the letter of claim?

[Fringer]

I havent yet as I am abroad on holiday.

 

I did message again yesterday stating that under CRA they cannot charge a return fee and have had this response

 

By the box being opened the goods have been devalued. We just want confirmation from them that they will accept the return and A timescale on refund. We have 14 days from when you request to return the monies to you. It will be done within that period. Please email any further queries

[BankFodder]

By the way, do we know which company this is?

I don't believe we do. Are you trying to protect them?

[Fringer]

Not at all.

I found them through Facebook ita called L D James Contractors

http://Www.ldjames.co.uk

[sparx]

Cannot refuse a refund of delivery cost as the wrong goods were delivered. If you just changed your mind then you are liable for delivery costs.

 

Incorrect afaik - a distance sale can be cancelled and any basic delivery costs should also be refunded, regardless of if you just changed your mind, within the appropriate time period. You however may be liable for the return postage costs. In this case the company have made the mistake so would not be expecting to be charged any delivery at all.

[Fringer]

Thank you

[Fringer]

Is this ok to send?

 

I am formally writing to request a full refund for my order to (my address)

 

Under the CRA 2015 I am entitled to a full refund and should not be charged any cancellation charges. I am also entitled to have the delivery charge refunded as the delivery that was made was incorrect.

 

Payment for both the order and delivery made to you totalled £2166.66

 

Should this not occur within the next 14 days I will be taking this matter to the small claims court

 

Yours

[BankFodder]

It's not the CRA, it is The Consumer Contracts Regulations 2013 https://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

 

Be sure in your own mind that if they don't that you have your money back then at the expiry of the 14 days you will take the action. Do not bluff.

 

Send the letter – but amended.

 

Go to MoneyClaim online and open an account there – it's free and start drafting your particulars of claim. There is a character limit. You can save your work and then get ready to click it off on day 15.

 

Post up here what you intend to put in your particulars of claim so that we can advise

[Fringer]

I have put in a timeline of events

Just asking for thr full refund

So the date it was ordered and paid for

The date the wrong stuff was delivered

The date it was collected

Then the dates of our conversations

Is that all I need to do?

[BankFodder]

Yes

[Surfer01]

Incorrect afaik - a distance sale can be cancelled and any basic delivery costs should also be refunded, regardless of if you just changed your mind, within the appropriate time period. You however may be liable for the return postage costs. In this case the company have made the mistake so would not be expecting to be charged any delivery at all.

 

Oops correct as it should have read cost of return delivery back to supplier.

[Fringer]

I emailed the owner as I said I would after doing the online thing.

I gave him 14 days before I submit my claim. He responded straight away saying the matter is in hand and I will be hearing back from him early next week

[BankFodder]

That's fine, but you have served the letter of claim. At the end of 14 days issue the papers unless you receive 100% of what you are asking for.

 

The kind of communications you are getting the kind of things where you end up delaying and then delaying and then eventually you find that you have been led round by the nose. Now that you have issued the letter of claim, you must carry out your threat if the demands which you have made is not met