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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70856
Experience:  Qualified Solicitor
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I need help with a complaint that i made with a company, uk

Customer Question

i need help with a complaint that i made with a company
JA: Where are you? It matters because laws vary by location.
Customer: uk northampton
JA: What steps have you taken so far?
Customer: i have tried to resolve the issue and im not happy with their service or how they are dealing with my complaint
JA: Anything else you want the Lawyer to know before I connect you?
Customer: do you want all the details like what happened ?
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days 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 10 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 days ago.
i bought a trampoline for £250 , it came and it was too big for our garden so we sent it back and we payed £50 for the parcels to be sent back so we could get our money back and buy a smaller one however 1 of the 3 parcels i sent has come back 2 times and it is not reaching the destination therefore i can not get my money back, this has been going on for 2 months and i tried resolving the issue with them they will not give me my refund of £50 back and my parcel still has not been delivered so i can get my money back for 2 months, am i not entitled to a refund or some sort of right regarding this type of problem
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 10 days ago.

How did you pay for it? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Expert:  Ben Jones replied 10 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Expert:  Ben Jones replied 8 days ago.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. First of all, I am sorry to hear about the situation you have found yourself in.

Consumers have certain legal rights when they make a purchase for goods or services from a business seller. In these circumstances, the rights are determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. In case you want to refer to them directly, they can be found here:

https://www.legislation.gov.uk/uksi/2013/3134/contents/made

These Regulations specifically apply to contracts entered:

- On the trader’s business premises

- Off the trader’s business premises (e.g. at the consumer’s home)

- At a distance (e.g. online or over the phone)

Once a purchase has been made, certain cancellation rights may apply, depending on the circumstances:

- Contracts for goods entered off the trader’s premises or at a distance - 14 days after the day the goods came into the physical possession of the consumer

If the consumer decides to exercise their right to cancel the contract, then each party will have separate liabilities:

- The consumer must return the goods no later than 14 days from the date of notification of cancellation, unless the trader has agreed to collect them and pay the return postage costs, unless the trader did not advise them that they would be liable for this at the time the contract was concluded.

- The trader must reimburse all payments (except delivery charges in excess of the minimum/cheapest delivery costs) within 14 days

If you are sending the parcels to the correct address and they are not being accepted by the seller, then it is not your fault and that should not prevent a refund. In that case you could consider taking further action to pursue them for compensation for the money owed.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.gov.uk/make-money-claim. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

If they are acting in violation of their obligations under the Regulations, they can also be reported to Trading Standards: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Expert:  Ben Jones replied 8 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.