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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I purchased some underwear online. Tried on the bra only and

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I purchased some underwear online. Tried on the bra only and it didn’t fit, so I returned it. The seller refuses to give me a refund as they claim underwear is non refundable.
This was in June.
I have tried to e-mail several times and been ignored. I have started a money claim online and they are still refusing as they claim the items were sealed for hygiene- but they were in a cardboard gift box and only the stockings sealed in plastic but they were not unwrapped. There is no hygiene issue with bras, they are ok to try on in stores. I sent all items back in original packaging and the seller has received them and kept them.
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
Customer: replied 8 days ago.
No, I’ll wait.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 7 days ago.
I have already started a money claim online. The issue is about being sealed for hygiene. I only tried on the bra (which isn’t a hygiene issue) and returned everything in the original packaging. They have had the items back for 3 months and would not respond to my e-mails.

It doesnt' fit. They are in breach of the Consumer Rights Act 2015

Does that clarify?

Customer: replied 7 days ago.
So the hygiene thing is trumped by the consumer rights act?

Correct.

Does that assist?

Customer: replied 7 days ago.
Could you possibly state what part of the Act I will need to quote to show that? If I need to defend myself in court, I need actual information

It just comes under the Act generally. It wont say that it applies to underwear.

But implied terms (by law) always override express terms of a contract.

Does that clarify?

Customer: replied 7 days ago.
No, not at all. Is there something I can actually quote to support my situation?

Just that implied terms trump express terms.

This is common knowledge in law. The Judge will know this.

Does that assist?

Customer: replied 7 days ago.
No sorry. I don’t know what implied terms are. Can you please explain in a way that I can actually create an argument? If I state I’m going to court, surely the judge won’t do that for me?
Customer: replied 7 days ago.
I also don’t know what express terms are

Implied terms are implied by law, ie statue.

The Judge knows that.

Express terms are ones written down or said.

You can't trump implied terms for a consumer

Does that clarify?

Customer: replied 7 days ago.
Erm not really. Isn’t not returning things because of hygiene written into law? The Consumer Contracts Act?

No, it the Act does not exclude this.

Does that clarify?

Customer: replied 7 days ago.
No. That’s the argument they came back with. So you are certain there is nothing in the act about hygiene?

Correct.

Does that help?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14123
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 7 days ago.
If you’re absolutely sure. Thank you very much

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