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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74388
Experience:  Qualified Solicitor
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I purchased a printer from Laptops direct on 18th September

Customer Question

Hi I purchased a printer from Laptops direct on 18th September They took the money on the day and never sent it to me. They made continued excuses for the delay in delivery. Today they contacted me and stated that the same printer will only be available in the new year and would cost me in the region of £150 more. Can you confirm that they are obligated to supply the printer that I paid for in September
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: East Sussex UK
JA: What steps have you taken so far?
Customer: I have rung them several times to complain about the delay. Every agent I talk to gives me a different excuse. They are still advertising the printer on their website at the increased price but will only offer me a refund of the full payment that I made and they have acnoledged
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months 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 8 months ago.

Hi there. I am sorry to learn of the difficulty you are having with this purchase. What reasons have they actually provided for the delay?

Customer: replied 8 months ago.
They have told me that they have been let down by their supplier
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** I just confirm that this was an online purchase?

Customer: replied 8 months ago.
it was an online purchase from Laptops Direct
Expert:  Ben Jones replied 8 months ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Whilst they should ideally supply you with the item that you purchased, you cannot force them to do so. If they cannot supply it, for whatever reason, then you will be entitled to a refund instead as that will put you back in the position you were in before you made the purchase from them. A big company like them should not refuse a refund if they cannot supply the item instead. If it becomes apparent that a refund is not on the table either, that is when you can look at taking things further to recover the money you paid.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. 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 the money that is owed. 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.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The debtor 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 debtor 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 repayment.

Expert:  Ben Jones replied 8 months 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.