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Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.
Has the court sent you paperwork to complete?
Hi, just checking you still need help with this question?
Yes, I realise that and I asked if you wanted me to help you with the question - you have said no, so I will ask customer services to liaise with you.
Welcome to JA.
Just to clarify please can you confirm to date you haven't received the products you ordered online?
The law regarding the cooling off period is the 14 days starts once you receive the product and also the responsibility of the product in transit to you is the company.
Further with regards ***** ***** unless a specific delivery date was agreed then the default date is 30 days from date of purchase. Therefore from the circumstances given it appears the company have breached the contract given you have NOT received any products paid.
Therefore I suggest you undertake the following steps.
Before I proceed do you understand what I have stated so far if yes I will proceed
I suggest you write letter and email to the company reminding them of your rights under the consumers rights act and consumers regulations. Further inform them to date you have not received the product and you did NOT sign up to the monthly agreement as proposed. Therefore given you did not receive the product thus you can reject the contract they are seeking to tie you into. Further notify them to provide a refund within 14 days and if they do not do so you will file a written complaint with the financial ombudsman and trading standards.
The FOS are an independent adjudicator that can review this matter and resolve the issue. Further they can award compensation in certain circumstances.
Assuming they do not respond to your letter within 14 days or a resolution is not met between you and the company I suggest you contact the financial ombudsman and trading standards to file a complaint regarding the company's conduct.
The alternative route to the ombudsman route is court action on the basis of breach of contract.
With regards ***** ***** action I suggest you instruct a local solicitor or return to JA and we can assist you with regards ***** ***** the form and advising you on the court process.
I hope I have clarified the position if not please let me know
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Thanks and stay safe
Thanks for the further information.
Please before I discuss the contents within the further information please rate the intial query by clicking on the stars button at the top of your screen.
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If you have proof that you gave the correct address then that should defeat their allegations. Further I suggest you send screenshots of the times you contacted them chasing the package. Therefore if they provided a suitable contact number as recommended by the consumer regulations and answered their phones then this situation would have been avoided and resolved months ago.
If court action is not what you want then I suggest you consider the financial ombudsman route as they are independent adjudicator that can consider the matter and their decision is binding too.
My position you are entitled to a refund and cancel the contract to get your money if you have not received the goods your ordered by the specified delivery date or if no delivery date is specified the default position is 30 days. However if the company has proof that you provided an incorrect address then they may have a defence. Whether the defence will be successful will depend on the circumstances that requires a full review of the case. However i suggest you consider filing a complaint with the financial ombudsman or trading standards as they can resolve this sort of issue without going through the whole court process.