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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi. I need some adv. I bought a dress in online store. Payed

Resolved Question:

Hi. I need some adv. I bought a dress in online store. Payed extra money for the fast delivery. it was 27/05/20014. seller promised me that we will get this dress in 5 days time. unfortunately we did not. we started to write emails to find out what happen. ( I have all copies of those emails) the store manager asked as to wait one more day and after another and another and another. in the end we decided to cancel our order and asked for refund.
now they don't want to pay my money back. they offer me 30£ refund ( for the dress I've payed 101£)and they telling us that we broke theys buying policies.

how can I take my money back? please help
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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 : How did you pay for it and when did it arrive please?
Customer:

Hi Alex,

Alex Watts : Hi
Customer:

We payed for it online through the bank. straitght from the card

Alex Watts : When did the dress arrive, or did it not?
Customer:

it arrived yesterday. but I sended it back.I did not signed for it so it went back to seller. I told to seller that we do not need that dress.

Customer:

in the add of this dress was written that delivery time is 18 days. we agree to pay extra money to get it on time ( it was for my daughter. graduation party). but it did not arrived on time. I bought another one.

Alex Watts : Was it custom made please?
Customer:

no it was standart size 8.

Alex Watts : Ok. In that case you have 7 days cooling off under distance selling regulations.
Alex Watts : Once you get it you have 7 days to change your mind and cancel.
Alex Watts : This is the law and they must give you a 100% refund.
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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : 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.
Customer:

but I dont have any copy that I send that parcel back. the DHL guy came in yesterday morning I told him that I dont want this package and he just turn around ant walked away. Is that gonna be a big problem for me?

Alex Watts : No - it's been returned.
Alex Watts : You are entitled to a full refund.
Alex Watts : Does that help?
Customer:

ok thanks for your help:)

Customer:

Just one more question.

Customer:

when I will receive the answer from the seller and will have some questions, can I come back to you?

Alex Watts : Of course, just post it or my attention.
Alex Watts : If this answers your question might I invite you to rate my answer.
Alex Watts : If the system won't let you please say.
Alex Watts : If you need further help please click reply.
Customer:

everything is fine.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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