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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am in dispute with a computer company based in Delhi. On

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I am in dispute with a computer company based in Delhi. On 1st Jan.I discovered my computer had a virus so I contacted Microsoft and through them was refered to Saral Sales based in Delhi. They quoted me £100 and £424.19 to sort out the virus problem but when I came to use the computer again I found it no longer had Officeworld and all my files and folders had disappeared.I contacted the company and they re-installed Office world but were unable to find the missing files and folders. I made a complaint to them and cc. it to Paypal as they had already taken out £689 from my bank account. I immediately had a phone call from the company saying they would refund me the intial £100 and £424.19 if I withdrew my complaint to Paypal. They followed up the phone call with an email confirming this.
Initially they refunded the £100 but so far have not refunded the £424.19. I have contacted Paypal but they say they cannot help me as I withdrew the complaint. I email Saral each week and they phone me back saying the payment is in the pipeline, the last excuse on Tuesday this week, was that their bank was having problems.
Luckily I had backed up my files in July 15 when I installed Windows 10, so I have my files etc up until that date but those from July to January are lost forever and were essential to my Husband's business.
Can you advise me on what steps I should take to obtain my refund ?
Thank you Kate Yiend
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So to clarify you paid in full via PayPal?
Customer: replied 1 year ago.
Yes , on the 2nd January payments were made from my Paypal account of £100 (which I have received back) £424.19 (disputed amount) and £165.00 to some-one or a company called Judith Palmer. ( I asked for further information on this last amount but was unable to get a satisfactory answer, they just said they could not refund this amount). I have copies of my emails and of their email saying they would refund £100 and £424.19
Expert:  Ben Jones replied 1 year ago.
Thank you. Because you have used PayPal, you cannot rely on your card provider’s own protection provided by law under Section 75 of the Consumer Credit Act. Therefore, you would either have to rely on PayPal’s own dispute process or take direct action against he company. The issue with using Paypal’s own process is that they decide on how to determine whether to refund or not and once they have made a decision you cannot really challenge it. So if you have gone down that path but have not been able to obtain a refund, you are left with the only option to take direct action against the company. You can only do so by making a court claim against them. However, if they are based in India, then making a claim will be very difficult to pursue. You will have to try and transfer any judgment abroad and try to enforce it in the country they are based in. This will not be cheap and will be a complex matter. Even if you do that it does not guarantee payment – you may still have to apply local enforcement methods to try and pursue what you are due – it will inevitable increase the costs. So for the amount at stake, it would be entirely disproportionate to go through court for this. It leaves you with the only option of going through PayPal or hoping that the company voluntarily refunds you. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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