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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1729
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I ordered a small music player from a firm on the internet.

Customer Question

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: XXXXXXXXXXX
Barbara XXXX
<*****@******.***>
26/5/2021 23:44
To *****@******.***
ReplyReply allForwardDelete
Hello,
Here is the list of emails

31st March e-mail `parcel on its way` from you

15th April e-mail `parcel not arrived ` from me

26th April e-mail enquiring order status from me

28th April e-mail giving information I obtained from DPD from me

7th May e-mail offer of refund from you

7th May e-mail your offer accepted from me

12th May items arrives

19th May e-mail requesting a returns label and a refund

Submitted: 11 days ago.
Category: Law
Expert:  Virtual-mod replied 11 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
I think I will just have yo put up with it. Thanks for trying though.
Expert:  Ed Turner replied 10 days ago.

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.

Expert:  Ed Turner replied 10 days ago.

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.

Expert:  Ed Turner replied 10 days ago.

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.

Kind regards

LawyerEd

Customer: replied 10 days ago.
Most thorough and helpful, thank you.