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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73826
Experience:  Qualified Solicitor
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I am having a dispute with clothing company that are

Customer Question

I am having a dispute with clothing company that are ignoring my requests for a refund for items returned
JA: Where are you? It matters because laws vary by location.
Customer: UK, London
JA: What steps have you taken so far?
Customer: Emailed numerous times. Keep getting fobbed off about system is down, then completed a disclaimer form, sent all receipts and proof of returns to the company. They are now ignoring my requests
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Each time I contact them they create a new email trail and seem to ignore the previous correspondence answering their questions
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 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 11 days ago.

Please explain your situation in some more detail

Customer: replied 11 days ago.
Placed an order for clothing in mid April 2021. Some items were suitable others were not and duly returned for a refund. I contacted the company about 2 weeks later requesting an ETA on the refund. They stated it takes 10 days to process, hence the 2 week chase. I was told there was an issue with their system processing refunds and there was a backlog. Another week went by, I made contact again asking for an update they requested details of the order number, date of return, receipt tracking number, item code description which I supplied. A few days they responded they checked the system and stated the refund has not been processed and then asked me to compete a disclaimer form and send back within 48 hours otherwise they would not deal with the case. I replied within 5 minutes! They did not contact me, I then chased for an update a few days later. I did not hear from them so then chased them daily. The process started again with them stating the refund has not been processed and I have had to start all over again by providing receipts etc... It now seems they have blocked my emails and if I reply to a request they start a new trail of emails without no history, this leads me to believe they are stalling and will not issue my refund. It now transpires there seems to be a high volume of refund complaints from other consumers in the same situation as myself.
Customer: replied 11 days ago.
I would prefer a written response, thank you kindly!
Expert:  Ben Jones replied 11 days ago.

No problem. Is the company based in the UK? and how did you pay for the order?

Customer: replied 11 days ago.
UK, Manchester. Paid via Paypal on Amex card
Customer: replied 11 days ago.
Registered office address
Parkway 5 Parkway Business Centre, Princess Road, Manchester, Greater Manchester, England, M14 7HR
Customer: replied 11 days ago.
CLUB L LONDON HOLDINGS LIMITEDCompany number 09880053
Expert:  Ben Jones replied 11 days ago.

OK thank you. 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.

Customer: replied 11 days ago.
Thank you Peter, will this be via email or on this chat for information?
Expert:  Ben Jones replied 11 days 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 you can of pursue continue trying to resolve this directly with the retailer, in the event that they are not willing to issue a refund as required, you can eventually consider taking this further legally and seeking compensation for the refund amount.

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.moneyclaim.gov.uk/web/mcol/welcome. 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.

Expert:  Ben Jones replied 11 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.

Customer: replied 11 days ago.
Thank you Peter, this is of a great help. I will pursue as suggested and hope they will refund the goods.
Expert:  Ben Jones replied 11 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best