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Hello, I ordered a small music player from a firm on the internet. The parcel did not arrive, and after a lot of twoing ad froing it turned out that the parcel was incorrectly addressed,and could not be delivered. This situation continued for quite a long time . The original order was in March. On 7th May I received an email offering a refund, which I accepted the same day. On the 12th May the parcel was delivered. Because of the time delay I no longer need the item. I asked for a return label but I have received no reply. Please could you advise me what I should do?JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?Customer: I live in the UK, but some of the communications have originated from Germany. I have not consulted a solicitor. Should I open the parcel and look for a returns label and send it back, and hope they refund me?JA: What steps have you taken so far?Customer: Here is a list (sorry its so long)JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.Customer: XXXXXXXXXXXBarbara XXXX<*****@******.***>26/5/2021 23:44To *****@******.***ReplyReply allForwardDeleteHello,Here is the list of emails31st March e-mail `parcel on its way` from you15th April e-mail `parcel not arrived ` from me26th April e-mail enquiring order status from me28th April e-mail giving information I obtained from DPD from me7th May e-mail offer of refund from you7th May e-mail your offer accepted from me12th May items arrives19th May e-mail requesting a returns label and a refund
Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.
However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.
You have a claim in breach of contract and breach of the sale and supply of goods and services legislation against the supplier. The Defendant was under a duty in contract law and statute to provide you with a product and service that was fit for purpose, of reasonably satisfactory quality and matched the description at the point of sale. Your damages will be a refund on the purchase price, plus additional costs of rectifying their defective work through another supplier.
You should send a letter of claim to them. There are plenty of free templates online and the consumer protection advice magazine/website “Which?” has a useful template which you can adapt to your claim: https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim.
If they do not reply with their reasons for disputing the claim within 21 days, you should issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim. The issue fee will be about £100 for a claim of this size.
A party cannot normally recover solicitors’ costs on the Small Claims Track. However, it is designed for non-lawyers (known as “Litigants In Person”). The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.
I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.