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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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good evening My partner purchased a product online advertised

Customer Question

good evening

My partner purchased a product online advertised as a 14 day free trial of a product on the evening of 19th February and the only payment required was a payment for postage and packaging. On the 4th March the company took a payment for the full cost of the product which is only a period of 13 days from date of order. They are claiming the order date and order numbers the invoice supplied on the invoices accompanying the product are false and are claiming that the order was placed on the 18th February and payment of the P&P was authorised by my partners bank at 6.19am on the 18th February un believably 36 hours before the order was placed. The bank Statement shows the payment were made on the 20th February but does not give a time. After speaking to customer services for a refund as they are breaching the trial period they didn't want to know and admitting the information of order date etc on the invoice provided is false therefore enabling them to take the funds from the account. Instead of offering a refund all they wanted to do was supply more product at a discounted rate. I believe they have fraudulently taken money from her account and breach several trading standards.Were do we stand with regard to getting a refund of this money.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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 : Where are they based please?
JACUSTOMER-4rqmfckx- :

They trade as Beach Ready and Arc Lab, Unit C&D,Dales Manor Business Park,Sawston CB22 3TJ,

Alex Watts :

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 Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-4rqmfckx- :

I have been suspended from work today because somone failed to carry out a request in an e mail I sent.Can you e mail your reply to [email protected] as I haven't got access to the other e mail at this time.

JACUSTOMER-4rqmfckx- :

I had a conversation with the contracts manager on Friday 28th March reference new drivers rota and agreed that I would complete this over the weekend and get it up on the notice board by midnight Sunday 30th March.I completed this and e mailed the rota to the night manager to put up on the board.This was sent at 18:55 on Sunday evening which is the time stamped on the email.The rota was not placed on the board as requested and upon return to work on Monday morning I printed this out and it ws placed on the notice board at approx 8.15. I was asked why it didn't go up SundayI re[

JACUSTOMER-4rqmfckx- :

replied that I email the night manager asking him to do this and also forwarded a copy of the e-mail sent.The IT department are now saying that this e-mail was not sent until 8:08 on Monday which I disputed.I was not told why I was being suspended apart from it was to do with the investigation yesterday.I asked why I was suspended and they say its a breech of trust and I would be sent a letter to explain.Were do I stand on this matter.

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