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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11615
Experience:  Senior Associate Solicitor
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I ordered something from a company in China (I believe) back

Customer Question

I ordered something from a company in China (I believe) back in August and have not received it. I have requested a refund, and they agreed to do so on 27/9 if it wasn’t received within that week. They are now back tracking and blaming the pandemic for its delay. The tracking number they gave has never given me any information from the start.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: China and ordered on 8th August
JA: What steps have you taken so far?
Customer: Emailed the company over 40 times so far
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just want to know what my rights are as I’m stuck
Submitted: 7 days ago.
Category: Law
Expert:  JimLawyer replied 7 days ago.

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue.

If you paid by credit card then you can make a claim - you can contact the card provider and ask for a refund under S.75 of the Consumer Credit Act 1974 - as they are jointly liable if you do not received the item or get the service which you paid for. If you used PayPal, you should open a dispute with them. If you paid by bank transfer, ask your bank to charge-back the monies as they can do this up to 120 days from when you paid the company abroad.
If none of the above work, you can use the attached template letter before action - it may prompt a refund in case they think you will instruct a lawyer in China to pursue them. I would not go to that trouble or cost unless your item was valuable, as it may cost more than the item is worth in legal fees. The letter should hopefully work though. In terms of your rights, you have a right to expect a service carried out with reasonable care and skill, under the Consumer Rights Act 2015, assuming the contract is under UK law and not Chinese law (their terms and conditions will say which).

I hope this helps and answers the question - please feel free to ask me anything else. .

Have a good day,
Jim

Expert:  JimLawyer replied 7 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim