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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14361
Experience:  Solicitor
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I have an ongoing dispute with an online retailer regarding

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Hi there,
JA: Hello. How can I help?
Customer: I have an ongoing dispute with an online retailer regarding the delivery of a package
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: No, I'm in the UK
JA: What steps have you taken so far?
Customer: I have raised a dispute with the retailer, as well as the delivery agent. Both are stating they have fulfilled their duty. I believe the delivery agent, DPD, is responsible for the incorrect delivery, or, theft of my item. I was at work during the period that DPD state I received the parcel. They are unable to provide me with any evidence that I signed for the parcel apart from the GPS coordinates of the driver. I have proof from my employer that I was not at the location stated during the time of delivery.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Will they be able to view this chat history?

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.

How did you pay for the item?

Customer: replied 3 days ago.
Using a credit card
Customer: replied 3 days ago.
I have an account with ASOS, the retailer, and use it at least once per week. They have my credit card details and billing is done through their system.

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.

 

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