How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

How to sue a UK company (Global Blue) to chase our money back?

Resolved Question:

How to sue a UK company (Global Blue) to chase our money back?
The incident happened in Heathrow Terminal 5 (after security checks) on 26th of April when I accompanied my parents to do VAT refund of jewelleries and watch they bought during their visits of UK. Considering about the safety and security of the jewelleries, my mother cannot take all the products by herself. Therefore, at that time, she wore a ring and a pair of earing, and let me keep 4 items for her in a bag with zip instead of her own bag without any zips or secure buttons. Definitely, all the products are bought by my parents and belong to them. Just for that reason, the Custom officer cancelled those items and the refund amount but also stamped on the form. They informed that my parents would get the rest refund based on Customs stamp with no doubt. For the cancellation, I have complained to the Border Force for the officer's unfair judgement. The Border Force have already replied me and states that they are seriously investigating the case for me.
The original refund account printed on the form was £29,540.10. After modified by the Border Force officer, the amount was reduced to £26,456.84.
After the incident, the tax refund form was posted to Global Blue for processing. However, Global Blue refused to process the tax refund based on the following reasons:
o the form includes a negative remark from the Customs office which indicates that some of the items have not been exported from the EU
o the details on the form (the number of the Credit Card) has been overwritten
I replied with my explanations, but they still refuse to process the refund:
• Custom officer crossed-out those items but still stamped on the form. The officer definitely checked all the goods, changed the refund amount and stamped for me. They informed that I would get the rest refund based on Customs stamp with no doubt.
• The credit card information was overwritten because after obtaining the stamp from Boarder Force, we went to Travelex (Global blue’s agent) to ask about the next step for tax refund. A male staff instructed us to replace the original credit card information to a debit card as he said it could be a problem to refund such large amount of money to a credit card. We doubled checked with him and he said it wouldn’t be any problem with overwriting the card information. Nevertheless, we have instructed Global Blue to refund the tax to the original credit card number stated on the form, but Global Blue still use this as an excuse not to release the tax refund.
I have tried my best to search for the rules and regulations. Up to now, I only found two sources:
http://www.hmrc.gov.uk/vat/sectors/consumers/overseas-visitors.htm and http://www.heathrowairport.com/static/Heathrow/Downloads/PDF/Multilingual_PDF/VAT_Refunds/vat-refund-leaflet_EN.pdf
I don’t see there is any reason to reject my mother’s VAT refund based on the case.
I have all the evidences of the emails from Global Blue, the original scanned tax refund forms, and Boarder Force complaint reply. We now need some advice from the legal professionals to chase our money back and possibly take legal actions against Global Blue.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
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 : 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. As I understand your claim is over £10,000 then you should use a solicitor for the final hearing
Alex Watts : Can I clarify anything for you about this today please?
Customer:

"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 : Yes?
Customer:

"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."
Can you explain more on this please? What do you mean by write and set out my losses and request a refund? I have been communicating with Global Blue to resolve the issues for a few months already, they still refuse to issue the tax refund.

Alex Watts : however what I should say is that merchant account banking rules generally mean credits can only be applied back to the card frm which they were debited
Alex Watts : You need to formally ask Global for a refund of the amount due or you will sue the,
Alex Watts : them
Alex Watts : If you have already said you would go to court you can avoid this step.
Alex Watts : But they need to be warned, this is the court rule.
Alex Watts : It is called pre action protocol
Alex Watts : Does that clarify?
Customer:

Ok, does this rule apply to the Tax Refund as well?

Alex Watts : Yes
Alex Watts : It's a debt. It applies to all claims.
Alex Watts : They must be warned of court proceedings
Customer:

Great

Alex Watts : Does that help?
Alex Watts : ok
Customer:

So I first need to write a formal statement saying I am requesting the amount of money to be refunded within 14 days, otherwise, I will take this to the court?

Alex Watts : Yes
Alex Watts : Does that clarify?
Customer:

Then if they dont reply me, I will issue proceedings in the County Court.

Alex Watts : Yes
Alex Watts : or don't refund
Customer:

When shall I consult a solicitor?

Customer:

what types of solicitor are specialised for this kind of case?

Alex Watts : If you issue proceedings and they file a defence.
Alex Watts : This is not complicated, it is contract law.
Alex Watts : Is there anything else I can do for you today?
Customer:

thanks

Alex Watts : If this answers your question might I invite you to rate my answer today
Alex Watts : If the system won't let you or you need more help please click reply
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice