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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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What can I do about a company that I feel are dragging their

Resolved Question:

What can I do about a company that I feel are dragging their heels regarding an order I put in and never received nor have they sorted out a refund which amounts to £270.00
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How did you pay them?

Customer: replied 10 months ago.
By card, it was an online order
Customer: replied 10 months ago.
The last time I spoke to someone they passed the buck by blaming the I. T division. I've had excuse after excuse for the past 2 weeks
Expert:  Ben Jones replied 10 months ago.

Thank you. First of all you can contact the credit card company to see if you can get them to resolve this under the protection you get from the Consumer Credit Act, which makes credit card companies jointly responsible with the retailers who you paid using the credit card. So they could try and get the money back for you.

If not then you can consider taking this further such as by going to the small claims court. Obviously legal action should be a last resort but it is there if you need it. there are certain steps you must follow and I can discuss these further as follow up advice.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to progress matters further, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 10 months ago.
Unfortunately it's a debit card but I'll certainly call my bank and see if they can offer any advice
Expert:  Ben Jones replied 10 months ago.

ah sorry I assumed it was a credit one, with a debit card the bank can issue a chargeback but it is not guaranteed, however still worth trying. If the bank cannot help then I can give you detailed steps of what to do to try and force them to refund you. Happy to discuss these in more detail, please leave your rating and I can do so, many thanks

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 10 months ago.

Thank you. If you have no luck with the card provider then you can consider taking matters further. 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. If you wish to go down the legal route instead of a statutory demand, 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.