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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good day I ordered a variety of items from ASOS, an online

Customer Question

Good day
I ordered a variety of items from ASOS, an online clothing store, but only received five of the twenty six items. A further five items were refunded and the remaining sixteen items were never received or refunded.
They have closed the case/ query on their side without a resolution.
What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How did you pay for the items?
Customer: replied 1 year ago.
I paid with my husbands VISA credit card.
Expert:  Ben Jones replied 1 year ago.
Did they ever send the items, were they lost in the post?
Customer: replied 1 year ago.
They said they sent all the items, but that most of the order was returned to them. They refunded the portion that they received and said they are still waiting for the rest. Everytime I tried following up with the regard to the status of the refund or location of the remaining items they said it was in customs. I followed up with the shipping agent and they said the items were returned to ASOS. They have still not given me any useful feedback. I ordered the items beginning of September already. Today on email they said the query has ben closed.
Expert:  Ben Jones replied 1 year ago.
What was the total value of the goods and did you buy them all in one transaction?
Customer: replied 1 year ago.
The total value at the time of the transaction was 1076.97 gbp. Yes, it was done in one transaction.
Expert:  Ben Jones replied 1 year ago.
By not delivering the items you purchased or refunding you their value once they were returned to them, the seller has acted in breach of contract. You are able to pursue them for the value of the undelivered goods. You have already tried to resolve this directly with them, but without any luck so it may be time to move on to the next, more formal steps. You have a couple of options:· First of all you can make a claim with the credit card provider as they will be jointly responsible for this. Contact them and tell them you wish to make a Section 75 claim for this transaction – they will guide you through the necessary steps· If this fails you can take the matter to the small claim court and pursue them via the formal legal route This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to start preparing for a potential claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thank you Ben. Can we pick this up again on Monday?
Expert:  Ben Jones replied 1 year ago.
yes of course, I will give you the details as promised now then you can get back to me if needed: Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.