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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I ordered a bathroom cabinet through Ebay

Customer Question

I ordered a bathroom cabinet through Ebay the supplier being XXX XXXXXX. On delivery of this we found on opening the parcel that in fact they had sent the incorrect bathroom cabinet ordered. I immediately sent emails (only one of which was acknowledged but with no comment) and tried on a numerous occasions to contact them by telephone - every time being informed the phone line was out of order or that "because of high volume of calls they were unable to answer my call" and suggesting I call either back later or the next day. Being totally frustrated by the lack of response I contacted Ebay direct by phone who said they would investigate the matter. They eventually came back to me stating that I should return the parcel direct to XXX (I would have to pay the post return costs!!). I suggested the better idea would be for the Supplied to send the correct bathroom cabinet which I had ordered and the delivery company could then take back the incorrect item. Ebay said that a returns postage label should have been included in the original parcel which in fact it was not. I again sent a strongly worded email to CXXXXX  to this effect but have received no response. I have today had no alternative but to arrange and pay for a Courier firm to pick up the parcel (this has cost me £11.39 in addition to the sum I have already paid for the cabinet ordered of £59.99 as I was informed by EBAY that the parcel had to be returned by the 17 January (I received this on the 10 January). I would not the cost of the return postage back although I have pointed out to all concerned that the error was on their part and not mine. I could not take this package to our local Post Office because I could hardly lift it up and being nearly 80 years old this seemed to be of no concern to either EBAY or XXXXe. Sorry this is long but I should appreciate any answers you have to this matter as I have slowly being losing the will to live over the last few days due to the lack of response from either party. Sincerely ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Dallas my name is ***** ***** I will help you with this.

Alex Watts :

What sums are you trying to get back? Is it the £59,99 or the £11,39?

JACUSTOMER-8yeodvf6- :

I should get £59.99 back through pay pal but I also want the return post of £11.39 plus some compensation for the many phone calls that I have had to make in relation to this matter i.e., at least another £7.00

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.pdfand 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. You may be entitled to fee remission on the Court fees

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-8yeodvf6- :

Thank you for your advice which in fact I already knew about as I too worked with solicitors and in Magistrates and County Courts but it was in fact the Consumer Protection law in respect of selling that I would have liked more advice on.

Alex Watts :

Ok, you have 14 days cooling off period under the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2014

Alex Watts :

This starts from the time you get the goods.

Alex Watts :

Does that clarify?

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