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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have received a faulty item where 2 out of the three parcel

Resolved Question:

I have received a faulty item where 2 out of the three parcel was missing I have refused to sign for it when should I get a refund? The company doesn't want to offer one within their 30day policy. I have received poor service all the way along and I had to make a complaint because they have wasted a lot of my time. That's just to cut the story short.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you order online or over the phone please?
Customer: replied 3 years ago.

I haven't received any answer!

Expert:  Ash replied 3 years ago.
Yes I asked for more information.

I asked:

Did you order online or over the phone please?
Customer: replied 3 years ago.

And I have answered online but haven't got a response after just an email to rate your answer.

Expert:  Ash replied 3 years ago.
Could you please give me the information and I can help you with this today which I what I want to do:

Did you order online or over the phone please?

Customer: replied 3 years ago.

Again ONLINE

Expert:  Ash replied 3 years ago.
In that case under Distance Selling Regulations you have 7 days in which to change your mind and CANCEL goods.

This is by law. Therefore it makes no difference whether or not parts were missing because you have 7 days to cancel. Further if you paid by CREDIT Card then your card issuer is liable for any fault or breach of contract as per Section 75 of the Consumer Credit Act 1974.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex

Ash and other Law Specialists are ready to help you