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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased goods online and the seller failed to deliver the

Resolved Question:

I purchased goods online and the seller failed to deliver the goods. I understand that I am protected by the distance selling regulations. Despite two requests to refund my money for the purchase of the goods, the seller has failed to respond or make a refund. It is my intention now to submit a claim to the county court. Therefore, I would be most grateful if you could advise me on the wording I should submit to the court with my particulars of claim. Thank you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How did you pay for the goods please?

Customer:

Hi. By credit card (£47).

Alex Watts :

You are correct in that you have protection under the Distance Selling Regulations

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?


 

Customer:

Thank you. ***** would be most grateful if you could advise me on the wording I should submit to the court with my particulars of claim.

Alex Watts :

You just need to put what happened and when. Also the seller did not deliver and will not refund.

Alex Watts :

Its quite simple - no specific wording needed, just put the dates of what you did

Alex Watts :

Does that help?

Customer:

Thank you.

Alex Watts :

Happy to help

Alex Watts :

If I could invite you to rate my service before you go today

Alex Watts :

If the system wont allow you please do say

Alex Watts :

If you need more help please click reply

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