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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi. I have a question regarding a dispute I have with the online

Resolved Question:

Hi. I have a question regarding a dispute I have with the online retailer ASOS.
Unfortunately due to the amount of information I need to post with details of communications I run out of characters on here to be able to complete the post. Is there anyway of sending the question without a limit to the number of characters?
Regards
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 :

For now please give me a brief summary of what has happened and what you want to achive.

Alex Watts :

But at this stage I only need a summary.

Customer:

Hi Alex. Ok here goes.

Alex Watts :

Thanks

Customer:

I opened an account with ASOS a few months back and order an item which was delivered and received without issue.

Alex Watts :

ok

Customer:

I then placed another order for a number of items totalling over £600. This was delivered and left outside my house. When I opened the package some items were missing. I contacted ASOS straight away to inform them and was told to wait 24-48 hours to see if the other items arrived.

Customer:

Within a few hours I received the following email:

Customer:
"After an investigation into your recent missing parcel claim, we have made the business decision to close your account and not to accept any future orders from yourself.


In the event further orders are placed, they'll automatically be cancelled without notification.


In order to take this further, we strongly recommend contacting your card issuer to dispute any lost funds. Due to the recent problem on your account, we're no longer able to issue further refunds to you.


Your card issuer may be in touch with ASOS and we'll be able to provide previous information regarding your accounts to support their investigations. Once they're happy this is a genuine claim, they may refund your account.


If you have any further questions, please let me know - I'll be happy to help."

Alex Watts :

Ok

Alex Watts :

So they closed the account.

Customer:
To say I was surprised was an understatement so I immediately called them back. I spent a long time on the phone explaining that I'd never claimed that the delivery had never been received only that a number of items were missing. I was told by their call centre to send an email with the details on and that they assured me the matter would be resolved. This is the response I sent:

"After spending over an hour on the phone communicating with ASOS customer service, I have been told to reply to the email you sent on 26 November and request my refund.

I can't understand why I have been punished for a mistake that has been made by ASOS in which my order hasn't been delivered to me correctly and in turn

I have been basically told to go away and dispute the issue with my card issuer which is something I don't expect from a major retailer such as yourselves.

It is clear the problem is on your side and not on mine as this has NEVER happened in the past.

I look forward to receiving a professional reply from yourselves and the matter of my refund looked into immediately as discussed in our phone conversation.

I would also request that my account be re-instated as I simply find it absurd that it was closed in this manner."
Customer:
This is the response I received:

"Thanks for getting in touch about your order. I'm so sorry to hear about your bad experience with ASOS, I can assure you this is a rare occurrence and will not go unseen.


I've had a look for you and it looks like our carrier DPD delivered it on 25th November 2014. It was signed for by XXX at 15:30.

If this delivery address is correct and you haven't received your order, it's worth:

· Asking anyone else at the delivery address if they've taken delivery of your parcel

· Checking with your neighbours to see if they've accepted it for you

· Taking a look in any safe areas the driver may have left your parcel, such as behind bins, or in a shed, garage or porch

If you're still unable to find your parcel or there's a problem with the address - get back in touch.


Once again i am so sorry for the delay. If there is anything i can help you with in the mean time please get back to me as soon as possible. I am happy to help."

I called them again as I was totally confused by their response. I didn't claim I hadn't received the delivery just that items were missing. Also in their reply they claim that the package was signed for an it couldn't have been as at the time I was at work and my wife was doing the school run. I called again to explain all this and was told to email the details and the situation would be resolved.
Alex Watts :

Ok -so what do you want to achieve?

Customer:
This is the response I sent:

Thank you for your reply to my situation

I am a little confused as to what is going on as I never disputed delivery in the first place?

I have accepted that delivery was made as expected but a number of items were missing from the order,

I clearly stated this in my phone conversation and the person I was speaking to clearly understood ?

I requested a refund for the missing items and the next email I received was to be told that my account is now closed and 'go deal with it through your bank' which is absolutely unacceptable from a company such as Asos and with that I think anyone would agreed.

I would have accepted a replacement, if offered at the time but due to the current situation and the way I have beentreated in this process I again formerly request a refund. I hope this has all just been one big mistake and this matter will be resolved.
Alex Watts :

Ok -so what do you want to achieve?

Customer:

Sorry, cutting to the point I want a refund for the items not received but they are refusing to respond to me now other than their last response

Customer:
Thank you for your email.


I can assure you that this decision hasn’t been made lightly, but in view of a number of financial losses from your account we’re left with no choice but to close your account.


Any future orders placed or accounts opened with your details will be cancelled automatically and no further notification will be sent.


As previously advised you will need to contact your bank to claim back any lost funds as no further refunds will be processed by ASOS.


I hope this answers your query. If you have any more questions, please let me know – I’ll be happy to help.
Alex Watts :

Ok -so you want a refund, what is the total value outstanding?

Customer:

It's approximately £550

Alex Watts :

You need to write (not email) 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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok thank you. Do you think the letter will make them refund me or will I need to go down the small claims route?

Alex Watts :

I imagine they will refund once a small claim is issued.

Alex Watts :

Does that help?

Customer:

Yes that's very helpful, thanks very much

Alex Watts :

Can I clarify anything else for you today?

Customer:

No that's all thanks. Merry Xmas!

Alex Watts :

Happy Christmas Eve eve

Alex Watts :

If I could ask you to rate my answer before you go today please - the button should be at the bottom of the screen

Alex Watts :

if you need more help please click reply

Ash and 2 other Law Specialists are ready to help you