How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I made a purchase from a company (Mighty Deals) on the

Resolved Question:

Hi,
I made a purchase from a company (Mighty Deals) on the internet that provided a voucher to redeem with another merchant (Clickwrap Ltd) to supply goods, in my case 2x iPhones I was purchasing for up coming birthdays.
Below are the salient points from the situation I am in:
1. The order was time bound, required for birthdays and going by the delivery information supplied by Mighty Deals, it was made in plenty of time.
2. The order had not been processed even after going past the last date for delivery.
3. Upon my request the seller (Mighty Deals), attempted to chase the order – nothing happened. This made me nervous about the whole order and prompted me to cancel and request the refund.
4. This email was acknowledged by customer service who appeared to ignore the request but informed me they would again chase the order?
5. I reiterated the cancellation / refund – again, replied to and not commented on other than to say they would chase the order?
6. Again, I reinforced my cancellation. Upon replying this time the person I had been dealing with throughout was “happy to supply the tracking number”
7. The goods duly arrived (10 days after the original last delivery day)
8. The card supplied with the goods required me to send any unwanted goods back to the merchant (Clickwrap ltd) – this was done by return of post using a tracked service.
The goods sent were as advertised before returning.
Both parties claim the other is responsible for refunding.
Mighty Deals say it is the merchant because I was supplied a Tracking Number – Had they cancelled the order when requested……?
Clickwrap Ltd just say, “yes we have had the goods back ….simply ask Mighty Deals for the refund”
I raised a dispute with Pay-pal as the payment was made through them. with the information above they have closed the case with a judgement not in my favour.
how can I best proceed to retrieve my money (approx £350)
Your assistance is appreciated.
Kind regards
Ian Coupland
Submitted: 12 months ago.
Category: Law
Expert:  Nicola-mod replied 11 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this IanHow did you pay for the purchase was it on credit card please?
Customer: replied 11 months ago.
Hi Nicola,Time I'd not an issue here it's more about being being confident on approaching the right party over the refund and knowing what steps to take?In answer to your question, the purchase was made on a debit card via PayPal.
For their part, as possibly stated they opened up a dispute with Mighty Deals (it was they who I paid) but found against me....no reason given.I think that the mighty deals T&C say; after the voucher redemption, all claims must go through the merchant following their T&CsMany thanks Ian
Customer: replied 11 months ago.
Hi,If it assists, I have attached the T&C's from Mighty Deals (seller) and the Returns Policy (Merchant)Many thanks
Ian
Expert:  Ash replied 11 months ago.
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 for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
Many thanks for that however, I need to be clear as to which party am I going to write to? The seller who I paid or, the merchant who supplied the goods who now have and acknowledged receipt of?It would help me more if I could have the rationale behind thisMany thanks for your assistance
Ian
Expert:  Ash replied 11 months ago.
You paid for whoever you paid - that is who YOUR contract is with.For example if you purchase an Apple Ipad from PCWorld your contract is with PC World and NOT Apple.Does that clarify?Alex
Customer: replied 11 months ago.
It does, and is as I anticipated up until I read each company's t&c'sDoes it matter that I used the supplied voucher, and thereby according to the seller transfer all liabilities to the merchant?
Or, that I have complied with the merchants instructions and returned the goods to them.?I just don't want to be in a positon whereby any action is potentially against the wrong party. :)Thanks again
Ian
Expert:  Ash replied 11 months ago.
Well you can issue against both Companies if you wish, that means that you can have a crack at both and let a Judge decide.Remember if its £10,000 or below it will be a small claim anyway. Suing 2 Defendants does not increase the Court fees at all.Does that clarify?ALex
Customer: replied 11 months ago.
Many thanks, ***** ***** I will take that route ...I can't be wrong then.Kind regards
Ian
Expert:  Ash replied 11 months ago.
Good luck Ian. If I could ask you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. I hope it works out well! Alex
Customer: replied 11 months ago.
Not a problem, I'll do this as soon as I get to my pc as opposed to this phone :)
Expert:  Ash replied 11 months ago.
Thanks very much. If you could rate otherwise they dont pay me! Thanks in advance.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice