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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I clicked on a link on the internet on 2/2/15 and was "awarded"

Resolved Question:

I clicked on a link on the internet on 2/2/15 and was "awarded" a "free trial" of skin serum from Stemologica and asked for a card number to pay for the P&P. I duly filled in my credit card details for the P&P.
The products arrived a couple of days later, which I had to sign for, but on opening found the packaging inside the parcel to be damaged and the Serum called Beautemer to have gold flecks in it! Didn't like the look of it so wanted to send it back.
I went on the Stemologica website and left a message on their Customer service board stating the above and I was returning the items and not to deduct any more money from my credit card. The only address I have for returns is Stemologica PO BOX 7574 MILTON KEYNES MK11 9GQ.
I have since found out that the company is in The Czech Republic and the "free trial" only lasts for the 14 days of cooling off period and that they will take the £97+ from the card number we supply.
Is there anything else I can do, its obviously a scam on an international level?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you complained to your credit card company yet please?
Customer:

Not yet because they have not debited my account yet for the full amount. I am sending a letter to their head office in Poland today

Customer:

Also returning the product to the Milton Keynes address today

Alex Watts : Did they give you a 14 day cooling off period ?
Customer:

Yes but this is the free trial period as I have said and all they've done wrong so far is to charge me for p&p for two products that arrived in the same parcel

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.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 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 clarfy anything for you about this today please?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

i already knew this much but not sure how the law deals with European trade. I found out that The Office of Fair Trading no longer exists and didn't know who else can help. I ave decided to wait and see if they a) They deduct my account for the full amount as I have already instructed my credit card not to allow the payments to any of the Company names I've found

Alex Watts :

What else is it you would like to know?

Alex Watts :

You have rated POOR SERVICE despite me giving you the legal answer.

Alex Watts :

I should add that you should speak with your credit card company to initiate a CHARGEBACK

Alex Watts :

They are jointly liable under Section 75 of the Consumer Credit Act 1974

Alex Watts :

They will credit your account.

Alex Watts :

In law you are also entitled to a 14 day cooling off period under the Consumer Contract Regulations 2014

Alex Watts :

If they did not give you this, then this is another reason for your credit card company to chargeback the transaction.

Alex Watts :

Does that help?

Customer:

b) They ignore my letter to their head office in Poland which should be received today which is still within the 14 day cooling off period.

Alex Watts :

Ok, which is why if you speak to your credit card company they will initiate a chargeback and credit your account

Alex Watts :

If you chargeback any charges will be credited and they will stop future charges

Customer:

Thank you for your help Alex but I had already done all you suggested before I read your answer because you where offline when I shut down my computer. We've also got a virus in our computer so will not be using it for a while. I can't afford your fees to be deducted so I've had to decline your services. I will come to this website if I have more problems.

Alex Watts :

Great. If I could ask you to consider re-rating my answer as the site does not compensate me for the time spent with you if the rating is not positive.

Alex Watts :

If you do have any future questions I am happy to help - start them with for Alex W

Alex Watts :

I am sorry to hear of your computer virus

Alex Watts :

Hopefully you have managed to fix that now

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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