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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i have bought a marble table in agra india during my visit

Resolved Question:

i have bought a marble table in agra india during my visit to that country in january this year. The table was supposed to be delivered within 15 days. on my return i email the company and asked for the table and also called barclays card. since than i have received call from barclays, who have decided that i have lost the case. i have to except the table and pay the dealer and import fess.

the table is with the forwarding company which was delivered on 13/5/14.

i do not want the goods as this was delivered late and i have also found out that i have been over charged by the company in india. please advice
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, 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 much was it please?
Customer:

£,2023.00 plus £220.99 customers

Alex Watts :

In short you changed your mind about the goods because they were late, is that right?

Customer:

yes they were late.

Alex Watts : And Barclaycard has refused your claim? What is it you want to achieve?
Customer:

they have charged me the full amount and the goods are not in my possession. as the goods were delivered late and over valued my the dealer. I do not want the table and want all my transactions canceled

Alex Watts : So you so not have all the goods you paid for?
Customer:

that is correct. I do not have the table in my possession.

Alex Watts : On what basis did barclaycard refuse the claim?
Customer:

they have given me a verbal answer saying that goods are in the country. the dealer has discharged their duty. however I have asked for a written answer. which will be sent out within 5 working days

Customer:

they have asked me to seek help from trading standards as they can not support my claim any longer. hence I had to seek help from yourself.

Alex Watts : You need to write to Barclaycard 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. Say you do not have the goods and that they are liable under section 75 of the consumer credit act.
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 : 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.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

should I wait for the official letter or can I do it straight away. As I only have a verbal answer and they have put that on my statement.

Alex Watts : Wait until you get the letter. You have 6 years from purchase to bring a claim so plenty of time.
Alex Watts : Does that clarify matters?
Customer:

yes thank you very much if I need further help. can I contact you.

Ash and other Law Specialists are ready to help you