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John
John, Solicitor
Category: Law
Satisfied Customers: 2022
Experience:  10 years legal experience
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I ordered some parts online from a known business i have

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Hi, I ordered some parts online from a known business i have dealt with before, but on this occasion when my package arrived it was empty. i contacted them and told them about the situation to then be made out a liar, and that all i could do was make a complaint to royal mail. they said they arent going to refund nor resend a replacement.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: 2days ago
JA: What steps have you taken so far?
Customer: Contacted the seller to notify him that my goods were missing, opened a dispute on paypal and made a complaint as requested to royal mail.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: he has than slandered me all over facebook to all his customers, calling me a fraudster and a liar.

Hello, I’m a solicitor and I’m happy to help with your question today. There may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. Please bear with me if I need to ask you some clarifying questions. Thank you

Hello, are you a frequent customer and have you had any previous issues with this business? It isn't very professional to be talking about you like that on Facebook.

Customer: replied 1 year ago.
Ive only ever ordered off them once before and everything was fine, but on this occasion i ordered it and it arrived quick, but i wasnt sure what it was as i have multiple things on order from other companys. so i opened the jiffy bag to find there was nothing at all inside, i then contacted the company and all they said was i had to make a complaint to royal mail.
Customer: replied 1 year ago.
no not at all, very unprofessional

Ok thanks.

This is not an issue for Royal Mail. It is between the seller and buyer. It is essentially a breach of contract which contravenes your rights pursuant to the Consumer Rights Act 2015. You have paid for goods you have not received. The dispute will centre around this. You can report them to Trading Standards for their conduct and online defamatory remarks against you https://www.gov.uk/find-local-trading-standards-office

To get a refund, what you need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.

If payment is not received within 14 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

Due to the value of the claim you do not need a solicitor and can do this yourself. Once you issue the claim, interest will be added onto the amount from the day you issue until the date judgment is awarded. This is pursuant to section 69 of the County Court Act 1984. There will be an issue fee to pay, but you will recover this back.

It may very well be that the letter before action you send will make them pay promptly and you do not need to issue, but incase they don’t pay you, then the letter before action enables you to be able to start proceedings against them. From what you have stated it is likely judgement will be granted in your favour and you will recover your money back. If they don’t pay after judgement has been awarded, it means you can then take steps through the court to enforce it against them.

Does this help? Let me know if you have any further questions. Please also leave a rating for me. You can do this by clicking the stars at the top of the page. Thank you.

Customer: replied 1 year ago.
ive already told them that they had 7days to either refund or resend a replacement and they have said i will not get either

You will need to write to them formally, and title the letter "Letter Before Action" and give them at least 14 days, this is as per the court rules. If they refuse, then you will need to follow the steps outlined above and issue court proceedings against them.

Does this clarify?

John and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Oh okay i understand.

This begins the litigation process, so you will be able to issue against them. Glad to have help, and all the best. John.