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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A faulty item was bought with credit card and after numerous

Resolved Question:

A faulty item was bought with credit card and after numerous emails an agreement was discussed however they will only now refund (after 10 days) to credit card and refuse to refund cash. As i had taken the case on daughter and refunded her i do not have the credit card and would have to go to considerable lengths to acquire this. They say its their policy and in their T&C and will not budge. I did have the receipt and bank statements.
http://www.joythestore.com/faq
I have all their emails should you require them. I also informed them in the first instance that I was HIV positive in the latter stages of AIDS and should not be travelling due to total breakdown of immune system, documented at NHS.
Point is can they legally refuse me the cash refund?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please let me know how much is outstanding?

Customer:

£136.40

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.



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.



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.



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 .



Can I clarify anything about this today please?

Customer:



















Kyros Williams <*****@******.***>




3:40 PM (3 hours ago)









to holly.foster, Louise







Please note I am an SEO marketing expert. I am AIDS/HIV positive.

I hear by accuse you of age Discrimination.

I hear by accuse you of Sex Discrimination.

I hear by accuse you of Sexual Orientation Discrimination.

I hear by accuse you of Disability Discrimination.

et al


This is you FINAL chance to treat me with the respect that a registered SEVERLY DISABLED person should, like any other person be treated.

I hear by give notice that if I am not contacted by 4pm 29/01/2015 then legal proceedings will be initialised. *****@******.*** 07903 225 199

These messages WILL be posted on every social media sites throughout the world.

DO NOT USE THESE STORES

THEY WILL DISCRIMINATE AGAINST YOU

read my experience below.... and replies

Then read what happened today..

Under the Sale of Goods Act 1979, you are entitled to return and get a refund if items do not meet the basic criteria.



Follow us: @MailOnline on Twitter | DailyMail on Facebook

IT IS ILLEGAL TO HAVE "NO REFUND SIGNS" the sign is STILL there

et al


Louise Allen <*****@******.***>

Jan 23 (5 days ago)

to me

,


Thank you JOY


I just wanted to drop you an email, I have spoken to my manager and have organised some compensation . Again I do apologise that you and your daughter had to spend your time travelling to and from the Greenwich store to get a refund faulty coat. I understand there was some confusion with the staff there and I do apologise about that.


I have organised to have £15.00 online web credit to spend. This can be spent on any item on our website and is valid months. I hope this ok and again hope that this whole situation has not caused you too much trouble. I am glad I got to speak to you on the phone and really understand the trouble you went to get this refund and really appreciate your patience and understanding.

KYROSFIFTEEN31


To use this code simply enter your unique code on your ‘my bag’ page once you have chosen the item(s) you wish to purchase.

If you have any problems using the code please do not hesitate to contact me further. As I previously said I have passed on your information to the Greenwich store refund this Sunday. The customer service is closed on the weekends and I have made sure to inform the people who are working that you will be coming in.

Any further problems please contact me.

Thank you!









kind regard

Louise May Allen

Customer Service
*****@******.***




Kyros Williams <*****@******.***>

Jan 23 (5 days ago)

to Louise

Louise..Thankyou this out however i feel the compensation of £15 to spend in shop or website is a tad insultive taking into account we have already spent £9.20 with an oyster and £19.20 without an oyster endevouring to sort out a problem that Head Office instructed their employees to carry out an illegal act by not offering full cash refund. Taking into account (you were informed) my medical history (HIV positive latter stages of AIDS) and the fact i should Not be subjecting myself to opportune infections as my immune system is in a very poor state i feel the compensation in real terms of £5.80 or minus £4.20 is not an acceptable offer. I will be taking the coat back at my earliest conviniance and health to recieve the £125 Cash refund and await your reply regarding adequate compensation.
K. Kyros Williams

Louise Allen

Jan 26 (2 days ago)

to me


Thank you JOY


I understand and again am sorry situation you were put in. I will talk to my manager and see what else we are able to offer. Unfortunately I am unable to confirm a higher compensation than the £15 compensation, but will talk to my manager and see what we are able to do . If I am able to get you compensation amount that you paid £28.40 please let me know if that is ok. As I said I cannot promise anything but feel it is not fair that you had to pay expenses when it could have been organised in one trip.


Please let me know and hopefully will get back to you with news from my manager.


Thank you.


kind regards

Louise May Allen

Customer Service


Kyros Williams <*****@******.***>

Jan 26 (2 days ago)

to Louise

Dear Louise May Allen

Thank you response

Please refer to earlier emails re costs, as £28.40 was NOT mentioned it was in fact at most £19.20. Taking into consideration that the £15 offered is at Selling price and NOT cost price thus meaning that actual cost to Joy store NETT profit would in actual fact be considerably less that £15 and is VAT included in this?

Re travel expenses in one trip.

This issue was raised at management level by I believe a phone call and had you not given the in-correct information then this whole mess could and would have been sorted by ONE trip to return the sub standard clothing in question by ONE person thus reducing all costs to all parties.

Conclusion

I propose a full refund of £125 cash on return of the coat....£9.20 cash costs of travel refunded on return of the coat in store (please authorise) (we do have oyster cards) and a £50 gift voucher to spend in store to ascertain that no further proceedings will be taken either legally or by adverse publicity.

MY Daughter has now furnished me with the said coat so I am able to return it which I plan to do tomorrow and hope we can bring this unhappy experience to an early conclusion as it IS having an effect on my state of mental health and LIMITED time.

Best regards

K.Williams

PEE...Protection..Education..Eradication (my new logo awareness)

Today 28/01/2015 another £2.20 trip (they demand receipts)

I went to the JOY store in Greenwich they said original person off ill after much deliberation and forwarding emails to *****@******.*** i was told i could NOT have a cash refund only credited on card. I could NOT have my expenses reimbursed and if i didnt like it then go ahead and prosecute, which i am doing.

I am HIV positive and I told them hence the discrimination.

It is against the law to discriminate against anyone because of:

age

being or becoming a transsexual person

being married or in a civil partnership

being pregnant or having a child disability

race including colour, nationality, ethnic or national origin

religion, belief or lack of religion/belief

sex

sexual orientation

Phone call from Kim Geoffrey PA to CEO 16.34pm 28/01/2015

Kim offered full refund ONLY to card used which is with my daughters boyfriend 5 miles away meaning yet another trip man dying from full blown aids, full refund of travel costs upon receipts oyster cards used and informed her where we all lived and NO mention of any compensation.

The statement:

"As I previously said I have passed on your information to the Greenwich store refund this Sunday" This was NOT previously said and NO mention of refunding only to card else I would have brought the card with me.

Please advise?

Best regards

K. Williams

http://www.joythestore.com/faq



Customer:

full list of correspondance ie discrimination claim

Alex Watts :

Yes indeed, you should still take the steps above to bring a claim in Court.

Alex Watts :

It will be a small claim so you wont need a lawyer.

Customer:

so i can represent myself? rough costs please? is this UK law?

Alex Watts :

Yes that is right. Yes UK law. Costs can be found here:

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

There is a cost to issue the claim and cost to hear it

Alex Watts :

Does that help?

Customer:

Brill that was well worth £37 and will use you again :)

Ash and 2 other Law Specialists are ready to help you

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