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Marcinlondon
Marcinlondon, Solicitor
Category: Law
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Experience:  Qualified Lawyer - 8 years experience
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I don't know if this is the right place to ask this, I had 2

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I don't know if this is the right place to ask this, I had 2 large units for the bathroom delivered and the boxes were intact yet the items inside were broken.. I can not get hold of the seller to resolve even after sending an email stating the consumer rights act, they're ignoring my calls and emails. I tried to get a refund via PayPal however PayPal states I have to return the items and pay the return postage (£100+) due to the size of the items in order for them to refund me, which I am not prepared to do as it leaves me out of pocket.. I don't know where I now stand if I can't get a refund or them to arrange the return of the broken items.i have even offered to drive the items back as this would be cheaper, but PayPal says they need a tracking number to provide the refund..
JA: Where is this? And just to clarify, when was the purchase made?
Customer: The company is eurogenco the website is keenware, and 10th ofay I received the items Of may
JA: What steps have you taken so far?
Customer: I messaged them via Facebook messenger with photos 4 days after receiving the items, I have called them numerous times and emailed them pictures, I then opened a PayPal case and escalated it the company replied to PayPal saying if I return the items and pay for the return they'll refund me but I'm unable to challenge this and PayPal say if I don't do this by the 9th June they'll close the case in favour of the seller it's £419.98 I'm currently out of pocket and will cost half that to return due to the size and weight of the items . We did get through to them but they said they'd call back the following day and are now hanging up on our calls
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We offered to drive the items back and exchange for non broken ones but they won't return our call.. I sent the consumer rights letter for faulty goods on Thursday but no response

Hello, this is MarcInLaw and welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.

Please note that our discussion on this site is for general information purposes only and does not create a lawyer-client relationship. Thank you for your patience whilst waiting for my answer.

I am sorry to hear about this. You need to issue a formal letter before action to the company involved. You should refer to the Consumer Rights Act 2015 and set out all things which have gone wrong here. You may include your proposal to return the goods as set out above. Give them 14-21 days to respond and state that you will be issuing a claim in small claims court should they ignore it. Have a look at a free sample of such a letter here: https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/

If they fail to respond consider issuing a claim in a small claims court. You can do it here: https://www.gov.uk/make-court-claim-for-money

I hope this helps. Feel free to ask me any follow up questions. I am happy to help.

Customer: replied 19 days ago.
Hi apologies I got stuck in traffic on the motorway, I issued this consumer rights letter via email on Thursday, as yet they have not replied, in terms of my PayPal escalation, am I best off closing this case as it's going to close in favour of the seller if I don't pay to return it before the 9th June?

You could do that but then there is a risk you may be compromising your position with PayPal. If you close it state to PayPal that you are reserving your rights for now to reopen the dispute should you need to and yuou are closing it for now to commence legal action.

Customer: replied 19 days ago.
Ok thanks, ***** ***** through PayPal via my credit card if I can't claim back via PayPal would my credit card be another option to claim back via?
It certainly can be!! Call them straight away.
Customer: replied 19 days ago.
I will do thank you

Let me know go it goes.

*How it goes...

Marcinlondon and other Law Specialists are ready to help you
Customer: replied 15 days ago.
Hi just wanted to thank you for your help. we called them again, they finally answered and after a heated discussion and things calming down it turns out they were ignoring our messages because they claimed to be tied up with the escalated paypal case and were not allowed to discuss or make alternative arrangements outside it. I have closed the pay pal case and used the wording you said above and we are hopefully going to try and resolve it a different way- they wanted us to pay to return the units regardless, get a refund off paypal and reorder it, and that they would discount the new order with the cost of the previous return. however this didn't sit comfortably with me so i refused to do so.
now i know i can go the credit card route as a back up plan, i will try and resolve it this way first then look at my options. thanks again for your help.