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 ***** *****
Hello Dallas my name is ***** ***** I will help you with this.
What sums are you trying to get back? Is it the £59,99 or the £11,39?
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
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.
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.
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
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.
Can I clarify anything for you about this today please?
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.
Ok, you have 14 days cooling off period under the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2014
This starts from the time you get the goods.
Does that clarify?