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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62513
Experience:  Qualified Solicitor
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I have been trying to get my money back from Microsoft Store

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Hi. I have been trying to get my money back from Microsoft Store for a laptop that was ordered online but lost in transit. The courier admits they lost it, and Microsoft (on a 'do not reply' email) also admit that, and direct me to their Customer Service to get the refund. However, Customer Service keep palming me off, saying the matter is still under investigation. Do you have any idea how I can force them to give me my money back? Sally
JA: Where are you? It matters because laws vary by location.
Customer: London, UK.
JA: What steps have you taken so far?
Customer: Constant emails, and two phone calls, to their Customer Service. Managed to get web address for ODR, and got a unique reference number, but not sure what (if anything) that will mean.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can't think of anything.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How did you pay for it? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 10 days ago.
Online with a Visa debit card. No prob.
Thanks.

Many thanks for your patience. Even if the fault was with the courier, your legal rights are against the seller and they will then have to chase the courier themselves. Therefore, you will still be able to go after the retailer as they are legally responsible for the non-delivery of the item.

 

In the event they are not taking any steps to resolve this by issuing a replacement or a refund, you may eventually have to consider taking legal action for compensation up to the value of the item.

 

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?

Customer: replied 10 days ago.
Thank you. I have all the evidence. The moneyclaim website is an interesting link. My problem will be trying to discover Microsoft Store’s address for service of process in the UK....they seem to be trying to obstruct me.
If their terms of business were to include arbitration for dispute resolution, presumably I couldn't use the courts anyway?
Thanks for your time on this.

If there is such a clause you would be expected to go through the arbitration process but in the end that is just something you would be expected to do to try and avoid court. If the outcome is not favourable to you then you can still consider the courts – you cannot be denied that opportunity

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