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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice
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I ORDERED A 'FREE SAMPLE' ACCEPTING A p&p CHARGE. IT WAS FOR

Resolved Question:

I ORDERED A 'FREE SAMPLE' ACCEPTING A p&p CHARGE. IT WAS FOR A TOOTH WHITENING PRODUCT FOR A COMPANY I DISCOVERED LATER WAS BASED IN THE USA. I RECIEVED AN AUTOMATED ORDER CONFIRMATION IMMEDIATELY, INFORMING ME THAT THE COMPANY WOULD ALSO REGISTER ME FOR A CONSTANT DAZZLER CLUB, MEANING THAT AT THE SAME TIME AS THE FREE SAMPLE WAS SENT, A 3M SUPLY OF PRODUCT WOULD BE SENT OUT. THE CONFIRMATION TOLD ME I HAD A RIGHT TO CANCEL THE SUBSCRIPTION WHICH I DIDNT SIGN UP FOR, BUT IF I DID I WAS RESPONSIBLE FOR THE POSTAGE COSTS OF RETURNING THE GOODS TO THE USA. AT THIS POINT I REALISED IT WAS A LIKELY SCAM AND I EMAILED THEIR CUSTOMER SERVICES TO CANCEL BOTHT THE FREE SAMPLE AND THE SUBSCRIPTION (WITHIN AN HOUR OF ORDERING THE 'FREE' SAMPLE). I HAVE JUST BEEN TOLD, A WEEK LATER, THAT THE SUBSCRITION HAS BEEN CANCELLED BUT THEY COULD NOT CANCEL THE GOODS FROM BEING DELIVERED. APPARENTLY THEY WILL DEDUCT $93 DOLLARS FROM MY ACCOUNT FOR THE GOODS THEY HAVE SENT, BUT THEY WILL CREDIT THIS IF I CAN PROVE THE RETURN......AM I LIABLE? DO I HAVE TO PAY FOR THE RETURN OF GOODS TO THE USA? AND TRACK IT TO HAVE PROOF OF DELIVERY? WITHIN 2 WEEKS WHICH IS THE SPECIFIED TIMESCALE THEY SET?? WHERE DO I STAND?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Is this Dazzle white?

How did you pay?
Customer: replied 2 years ago.

hello, yes its dazzle white or blizzard white? They seemed to bounce me around various web pages and i also opted out of allowing my email to be used by partners but i am being bombarded with spam emails

actually it seems to be blizzardwhite.com

and i paid by credit card

Expert:  Jo C. replied 2 years ago.

If you do a search on Google, you will find that this is a common “scam”. It’s not actually a scam as such, it’s just that they make it so difficult to deal with everything and their advertising is misleading and bordering on misrepresentation that everybody falls for this.

I have known several people in the same situation and you could well have an uphill struggle getting your money back.

I am surprised that the company is still in business and that they still have the facility to take card payments. Because they are in the United States I assume that you did pay by card or PayPal.

If you paid by PayPal then file a dispute with PayPal. If you pay by credit card, file a section 75 claim with the credit card company. If you paid by debit card (never a good idea for the payment of goods particularly from overseas) then ask the bank to chargeback the debit card. This latter course of action is going to be the most problematical because they are very reluctant to do that if you have had the goods. You may end up having to pursue that through the Financial Ombudsman as a complaint against the bank.

Finally, I suggest that you refer the matter to Action Fraud which is actually run by the police and coordinates all the fraud activity. They won’t investigate or deal with this matter for you but unless everyone reports it, they will continue to get away with it.

Can I clarify anything for you?

Customer: replied 2 years ago.

what is a section 75 claim? I put a stop on my card as i hadnt heard back from the company within the timescales they set out, and as i hadnt authorised any further payments to be deducted from my account. i also didnt recognise the deductions from my account as the company made 3 small deductions, my bank phoned to ask if i recognised it. The company name was different anyway, not the single $1.99 p&p charge i was expecting, so i explained and they have reimbursed me for the small amounts and said they would investigate it.....

i am not in reciept of the goods yet, but if they do attempt to deliver, am i not guilty of theft as i havent paid for the goods, even though i attempted to cancel them? the company cannot take payment now, as the card is stopped.

Expert:  Jo C. replied 2 years ago.

A s75 claim is a claim to the Credit Card co in respect of disputed transactions. If you ring the CC co they will send you the form. It is very common so they will know exactly what you want and will send you a form

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