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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46793
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I believe i'm cheated by a UK company which i bought a set

Customer Question

Hi,i believe i'm cheated by a UK company which i bought a set of Audi R8 headlamp from ,the purchase is GBP5610 and i'm from Malaysia
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I made the payment on 13/9 and they said the shipment will be delivered in a week,but one week gone by and i emailed them,they said it'll be dispatched the next week, so i waited for another week and sent few email during the time and asked for updates,but they didn't respond to my email until i sent the 4th email on 2/10 and told this is enough as they kept delaying and did not update me the status of the shipment and i demand a full refund IF they still ignoring my email
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Which company is this, do they have a name and website?

Customer: replied 7 months ago.
Instead of replying my email with the update,they straight away told me the order has been cancelled and shipment has been recalled and ask me to provide me banking details to provide for the refund.I asked them do they genuinely have the stocks or they don't as i would prefer to have the shipment rather than the full refund,but they just ignoring the part about asking if they genuinely have stocks and keep on telling me to provide the banking details as i requested to cancel the shipmentFailing to communicate with them via email,i tried to call their company for more than 10 times at different hours and left 2 voicemail to no avail,so i started to worry and suspect this company is not the decent type of company and therefore i replied with banking details to them
aAft
Customer: replied 7 months ago.
the name is supertweaks.com
Customer: replied 7 months ago.
After which they replied me that the refund will not be FULL REFUND and they will deduct the cost incurred. I feel that i'm cheated as no shipment,no update of shipment details and they now say they have to charge re-stocking fee and double freights,etc .Having said that,they informed me that they'll process it this week but until today i hear no further update from them so i suspect they just gonna drag this as long as possible to their favour since the money is with them and i'm not in UK
Payment was made via bank telegraphic transfer
Expert:  Ben Jones replied 7 months ago.

ok thanks I will look into this and get back to you later today, I am just travelling to the office right now

Customer: replied 7 months ago.
Certainly,thank you
Expert:  Ben Jones replied 7 months ago.

Thanks for your patience. The company in question does appear to be valid in a sense that it is registered with UK’s Companies House and is a real company registered to trade. The website has also been operational for some 5 years and is associated to that company. However, that does not mean they will necessarily offer a top service. There have been negative reviews about them from the public, such as:

https://uk.trustpilot.com/review/www.supertweaks.com

On the other hand others have not reported any issues so it does appear to be a bit of a hit and miss as to whether you get decent service from them or not.

What is certain is that if you have paid for something then you have the right to either receive these goods or get a refund. So you can pursue them for a refund of the amount paid if the item has not been received. One issue is that you paid via a bank transfer so you get no consumer protection at all that way – with a credit card you may have approached the credit card company to claw back the money but this is not possible with a bank transfer. So if they refuse to refund you the only way to try and get your money back is by suing them in court. This would create certain difficulties for you because you are based in Malaysia and they are in the UK. You personally have to make the claim and you cannot do this if you are in Malaysia so you will perhaps have to approach solicitors in the UK to help you with making a claim here and maybe use their address for correspondence and service of documents. But this would be the only way to officially force them to refund you. It should be used as a last resort so in the meantime try to continue negotiating directly with them. If needed you can also report them to Action Fraud – the UK fraud branch of the police:

http://www.actionfraud.police.uk/report_fraud

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46793
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Ben,
I believe they are taking the advantage due to the fact that i'm from Malaysia and not in UK,in this case,could i ask my friend in UK to lodge the police report in behalf of me or i have to make the report personally?How much would it cost to engage a solicitor to pursue this matter for me?Would you suggest me to use the link provided to report for fraud first then only pursue the matter via solicitor for my refund?Thanks.
Customer: replied 7 months ago.
I tried to make a report via the link provided ,however it seems that it's for phishing site or malicious software and i'm afraid it's the not right site for my type of case
Customer: replied 7 months ago.
Hi,i'm sorry,seems i clicked on the wrong tab,the link provided does allow me to make a report,so would you kindly please ignore this one and advise me on the other 2 questions?Thanks.
Customer: replied 7 months ago.
Hi,i have missed the call,could you please call again or any number that i can call back?
Expert:  Ben Jones replied 7 months ago.

Hi there, they may indeed be taking advantage of the fact you are located abroad but you need to be the one making any reports or claims personally so you cannot get someone to do the report on your behalf, but the link I sent will allow you to do that remotely. In terms of solicitor costs, it can vary greatly, depending on who you use and how much you use them. It can be several hundred pounds for basic assistance, up to a couple of thousand for them to issue and fully pursue a claim on your behalf. Use the report first and see where that takes you and continue to negotiate with the company direct. You are in no immediate rush to make a court claim so only use that as a last resort

Customer: replied 7 months ago.
I have a already made the report via the link you sent, do you know I should make this known to them in order to pressure them to make the refund without further delay or should I just keep quiet about this ?
Customer: replied 7 months ago.
Hi BEN,
Just contacted a friend in the same line who is the founder of DMC (a company manufacture and sells premium car bodykits), pls see attached file and perhaps you can advise us as we are considering to sue Super Tweaks collectively
Expert:  Ben Jones replied 7 months ago.

It won't really affect anything if you tell them and it could help in changing their stance on this by showing that you are taking things seriously and will take it even further if necessary

Expert:  Ben Jones replied 7 months ago.

A collective claim may not necessarily be the best way if your claims arose from separate transactions

Customer: replied 7 months ago.
Thanks and perhaps i'll get my friend to contact as the interest involved could be far greater than the small claim i'm claiming here.Anyway the seller responded after he sees the report,now he is offering me to "re-send" the shipment out,is it alright if i accept his offer since i still want the shipment anyway? Or it would be wise to reject it and insist on the full refund?
Expert:  Ben Jones replied 7 months ago.

There is nothing wrong with accepting a replacement if you still want the item just ensure it is sent via a secure tracked shipping method

Customer: replied 7 months ago.
Hi Ben,
After they offered to send the replacement ,i replied "i'll take the offer only if you can have the complete shipment sent by today or latest Monday,then you need not transfer back to me.Otherwise i will prefer to have the full refund as i don't wish to deal with all the unnecessary delay as previous.Also,you need to furnish me with full shipping details latest by Monday. Once i received the shipment in good condition,i'll retract the report."
Customer: replied 7 months ago.
they responded
"Why do you send three responses. Stop behaving like a child and stop being unprofessional. You claim you are a 'business man' - start behaving like one. One reply. That's all that is required.Today? It's 21:06. Stop being unreasonable.If you want to go ahead it will be shipped next week and you will receive week commencing 24th.We don't care about your report, that is none sense and you know it.You have a choice. The refund less the restocking charges as agreed due to your request of cancellation.Or we can reship the goods.One email response required, simply state: yes reship the goods or no. "
Customer: replied 7 months ago.
i replied
"Let me know if you're able to send full shipping details once the headlamp is ready to ship, if you can have it shipped this week along with the shipping details,I'm willing to wait for it till end of this week. If no shipment sent by then, I'll have to insist on the refund then, thanks "But i hear nothing from them since then and sent 2 emails to them and asked them to reply.
Customer: replied 7 months ago.
What should i do next?
Expert:  Ben Jones replied 7 months ago.

Hi, they are rather unprofessional by the looks of it but don't let that get to you at this stage. Just reply - yes reship the goods, using tracked delivery so we both have peace of mind and avoid any future disputes and leave it at that until you see what they do and if you get the items.

Customer: replied 7 months ago.
If they still ignore my email, what can I do next then ? Apparently they don't think the site which I lodged report would have any consequences...
Expert:  Ben Jones replied 7 months ago.

there is a possibility it may not have consequences, if Action Fraud do no believe this was actually fraud. In that case legal action is the only way to take this further

Customer: replied 7 months ago.
How many more days you reckon I should wait before taking further actions? Do you think ringing/start live chat with active fraud and explain the situation to them would help?Is there a possibility to hire the solicitor for a flat fee as I worry the cost might escalate to the extent that i would get nothing back eventually.
Expert:  Ben Jones replied 7 months ago.

i really cannot say whether live chat with them would help - they assess each case on its own facts and merits so they will decide what they can do in the circumstances. Nothing to lose by doing so. I would give it until the beginning of the week after they said they would ship. As to hiring a lawyer for a flat fee that is possible but it will involve some searching around until you find someone willing to do this that is right for you

Customer: replied 7 months ago.
Hi Ben,
After i pressed on and sent them the 3rd email : "This is my third time asking for a reply, you think hiding and not responding is the way to go? Looks like you never had the intention to resolve this and prefer to go by the legal way,so be it then."They finally responded :" Thank you for your email and confirmation. We have instructed our warehouse to proceed with shipping."However when i sent another email requesting them to provide tracking details once shipment is sent,they went missing again. So if in case they still hadn't sent the shipment by then and not responding to my email, what would you suggest?Thanks.
Expert:  Ben Jones replied 7 months ago.

Hi as mentioned let's wait and see what happens - you need to be reasonable and give them time to ship the goods and allow them time for delivery. So depending on how long it would take to ship, assuming that time has passed and there is nothing, your only way of proceeding really is to consider the court claim as previously discussed

Customer: replied 7 months ago.
Hi Ben,
I understand ,just that it's fishy when they claim they already processed it yet they can't provide tracking details. If in case they really didn't send out the shipment,then i can only pursue this matter in the civil court as breach of contract or fraud as well?Thanks.
Expert:  Ben Jones replied 7 months ago.

they may not have sent it via a trackable service - that could be why. I cannot guess though so I can't tell you why they are not providing the details. Realistically your only chance of pursuing this is via the courts, for fraud you are relying on the relevant authorities to act and they do not always do so - they decide if it is worth pursuing it themselves

Customer: replied 7 months ago.
Hi BEN,
I've been sending them email requesting for tracking details since Monday and they have not responded at all. In my last email yesterday, I mentioned to them Friday would be the latest for them to provide me the shipment details and I'll leave the matter to professional if I still don't hear from them.
Usually they won't take more than a day to reply the email unless they purposely ignore it which they did so I think it's almost sure that they didn't send and won't send the shipment. I'm prepared to engage the solicitor but where do I find one that I can negotiate for flat-rate? There's another guy from Saudi also sent few thousand USD to them and get nothing eventually. What are the legal actions available for me to take against them ?
Would an injunction to stop their website possible ?
Expert:  Ben Jones replied 7 months ago.

Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

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