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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2885
Experience:  Solicitor at BLM
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I would be very grateful if you could advice me on this

This answer was rated:

Hello, Hello
JA: Where is this? It matters because laws vary by location.
Customer: I would be very grateful if you could advice me on this case.
JA: What steps have you taken so far?
Customer: I ordered for a product online some in Feb. 2020. The company failed the deliver and never called to explain why it could not deliver. Tried all that I could to contact them but all proved futile -they were picking my calls. such that that time I was aware of the 14-day cooling-off period for customers so forget of the transaction entirely. On the 2nd April, 2020, the company again deducted among money from my bank account for a extra products claiming that, I have ordered for it. I therefore call my bank to deal with the situation to get my money back. Now, the company is trying to file a legal suit against me for ordering my bank to retrieve my money for me. How can I deal with this case. Thank you.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing else, thank you.

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?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, just checking you still need help with this question?

Customer: replied 1 year ago.
Hello, please no.
Customer: replied 1 year ago.
Please, you have not answered my 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.

Thank you

Customer: replied 1 year ago.
Hello, you asked me if I have received a letter from the court and I answered no. The no is not referring to the question you asked "if i want you to help". If not, why did I pay you to answer the question I asked?.
Customer: replied 1 year ago.
This was the question you asked,
Has the court sent you paperwork to complete?

Hello

Welcome to JA.

Just to clarify please can you confirm to date you haven't received the products you ordered online?

Customer: replied 1 year ago.
Hello

Hi

Customer: replied 1 year ago.
I never heard from the company after the online payment
Customer: replied 1 year ago.
I tried contacting them but my effort proved futile. They never picked my pick calls and latter put m y line on answering machine.

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

Customer: replied 1 year ago.
On 2nd April, 2020, the company again deducted another money from my bank account claiming that, I have subscribed for a promotion which mediate them to make quarterly supply to me. The company never told my this until I have ordered my bank to deal with the situation because suspected a fraudulent activities. Just after receiving the money from my bank, the company them emailed me and also gave me a text message stating that have abrogated the contract.
Customer: replied 1 year ago.

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.

https://www.financial-ombudsman.org.uk/

https://www.gov.uk/find-local-trading-standards-office

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

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.

Please note rating does not come at any extra costs.

Thanks

Hello

I note you have reviewed the answer given.

If i have clarified the position please before you leave JA today please rate the assistance provided by clicking on the stars button at the top of your screen as this will help improve the service given in future.

Please note rating does not come at any extra costs.

Thanks and stay safe

Customer: replied 1 year ago.
Hello, I forgot to inform you that, after bank delt with the situation, the company then said I provided a wrong resident address that made them unable to deliver but also had my number and email address of which they did make use of. However,I personally do not want any court action against the company because I have already gotten my money through my bank.

Hello

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.

Once rated I will consider the further information at no further costs.

Once rated please do not open a new question as I will proceed to discuss the matter on this post.

Thanks

Anthony Chendo,
Category: Law
Satisfied Customers: 2885
Experience: Solicitor at BLM
Anthony Chendo and other Law Specialists are ready to help you

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.

Customer: replied 1 year ago.
In fact I do not have such records because after payment I had no email confirming payment. However, in their letter, the address they provided does not show my house number but I cannot confirm if it is true or not. I can only provide a screen of the email they sent concerning the reimbursement request.
Customer: replied 1 year ago.
Hello,please what's is your view about the screen shot?

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.

Customer: replied 1 year ago.
Hello, given that the address provided was wrong of which I'm not even sure that, that is the case although I have not physical proof of that, I also provided my telephone number and email address. The company never use any of these two. Neither did they response to my calls when tried to find out why I had not received the product.