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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59606
Experience:  Qualified Solicitor
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I brought a two dresses from the little black dress company

Customer Question

I brought a two dresses from the little black dress company on line, I returned both dresses but they have said that they haven’t received one of the dresses.
Assistant: Where are you? It matters because laws vary by location.
Customer: Hereford uk
Assistant: What steps have you taken so far?
Customer: I sent the dresses back at Hereford sorting office with a QR code that I downloaded of their website, they do not give you a printed proof of postage at the Hereford sorting office so I got a letter from the manager as proof that they received the parcel from me.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Royal Mail have said The little Black dress company Need to refund my £755 then they can claim the money back from Royal Mail as it is a business account and they supplied the postage. But they are refusing to refund my money. Please can you tell me what I can do
Submitted: 6 days ago.
Category: Law
Expert:  Ben Jones replied 6 days ago.

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

Expert:  Ben Jones replied 6 days ago.

How did you pay for the dresses?

Customer: replied 6 days ago.
MasterCard
Customer: replied 6 days ago.
I returned the dresses on the 1st of August
Expert:  Ben Jones replied 6 days ago.

Thank you. As the postage was arranged and paid for by the seller, they will bear responsibility for the returns, so as soon as you have posted it back, the responsibility shifts back on to them. RM are correct that if an item has been lost in the post, it is for the person who paid for the service to take this up with them, but that should not affect your rights.

In the first instance I suggest that you contact your credit card to challenge this under Section 75 of the Consumer Credit Act 1974 as that makes them jointly liable with the seller.

If that does not work then you may have to consider pursuing the seller through the Small Claims Court for a refund.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Expert:  Ben Jones replied 5 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 4 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you