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Options:- If the goods cost more than £100.........
Section 75 of the Consumer Credit Act 1974 states that the
lender of money for a purchase is jointly responsible with the seller for the
purchaser getting the goods purchased, or receiving a full refund if
they do not receive the goods. What this means in practice is that
if you paid more than £100 by a UK issued personal credit card (but not a debit
or charge card), then you can claim from the card company ALL the money you paid
(irrespective of how you paid it) provided that the maximum contract value does
not exceed £30,000
For non-delivery the claim is made under breach of contract. You will need to
prove (1) that you paid more than £100 by credit card. (2) You will also need
to provide evidence of any other payments made (for cheques, copy bank
statements). (3) Formal evidence that the company did not deliver your goods.
It's important when you write to the credit card company that you head the
letter:
"Claim under S75 of the Consumer Credit Act 1974"
and you should include the following paragraphs:
- a statement of what you bought, where and when, enclosing any relevant
copies.
- A list of all payments with copies of supporting evidence.
- A statement that you have not received or cannot obtain the goods and that it
is breach of contract. Enclose any relevant copies to support this statement.
- A request that the credit card company refund the whole amount paid.
As the goods did not arrive (and it is
their fault) you’re entitled to a full refund. The refund should be made as
quickly as possible and in any case within 30 days. Remind them of their legal
obligations in this respect under the Distance Selling Regs and tell them that you propose to report the company
to the Trading Standards Authority in the location where their HQ are. Don’t
expect too much assistance from TS but they may just contact the company.
If all of this fails its a case of suing them in the County Court but just check their Ts and Cs first to make sure that they have not included a term which says its your fault if the goods go to the wrong address. Such a clause is not enforceable but you need to cover the point in your pleadings. The Unfair Terms in Consumer Contracts regs applies to such a clause. Also just check that, as they had your previous address, you were not responsible for updating your details. It may be that it is not enough to put your new address on the order but that you have to update. Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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