How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66911
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I have ordered online a helmet on 27th of April and does not

This answer was rated:

Hi There,
JA: Hello. How can I help?
Customer: I have ordered online a helmet on 27th of April and does not arrived.
JA: Where are you? It matters because laws vary by location.
Customer: I have tried to contact the seller via phone and email and there is no answer.
JA: What steps have you taken so far?
Customer: Unfortunately I have red the Google reviews after I have got in trouble. And there are a lot of people with similar issues
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't know what to do. How can I make them to refund my money. The company is Winstanleys Bikes
Unit 9, Martland Court
Fourmarts Road
Wigan, WN5 0LU,
United Kingdom

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?

Customer: replied 17 days ago.
Hi,
Ok

Thanks. How did you pay for it?

Customer: replied 17 days ago.
What do you need to know
Customer: replied 17 days ago.
I have paid online by debit card.
I have received an email from the company. They confirmed my order and payment

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Your rights are specifically against the seller. They may have sent the item and it may have gone missing on the way, but as far as you are concerned, you never received it so technically they have not fulfilled their part of the sales contract.

So you have to pursue the seller for not fulfilling their contractual obligations and in turn they have the option of chasing the courier for compensation (assuming they sent it an it never arrived)

If you wanted to take it further then you would be seeking compensation for the value of the item against the seller. 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 17 days ago.
As I mentioned earlier I have tried the 1.,2. procedures without involvin layers. I will try the 3. as well.Thank you for the suggestion.
The helmet price was £46. and in my opinion they know what are they doing as they done it before with many other people. They should not be on the market according to the Google reviews.
They get away with fraudulent behaviour for quite a long time, definitely I will not let them go....I will find a solution...
Thank you again.
Have a nice evening.

Hi there, another thing you may wish to consider is reporting them to Trading Standards:

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Does this clarify things a bit more for you?

Customer: replied 17 days ago.
OMG. With all my respect You are brilliant.
I have no words to express my greatful thought for your suggestions. I will report them we have to protect the other people as well.....
Thank you so much.

You are most welcome :)

Ben Jones and 5 other Law Specialists are ready to help you