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russ_clark

  • Posts: 923
A well known supplier has a sum of money between 200-300 of mine that I paid for some of their goods.
To cut a long story short the goods were not supplied within the agreed time limit as they were a pre-order.
After agreement was made to cancel the order and refund me in full ( which I have in black and white)
the goods were delivered in error by the courier.
I did the honourable thing and notified supplier and was told I would not be refunded until they had their goods back.
I agreed for the courier to collect goods and had comfirmation the goods were back with supplier.
I was then told there was a 10 day refund policy before the monies could be returned to me?
I requested a copy of this as it was never mentioned before, anyway 30 plus days later and no refund has been made.
My payment was made online by faster payments from my business account and I have contacted my bank who tell me this method
of payment cannot be called back- unlike credit/debit cards.
What would be your next step?

Smudger

  • Posts: 13436
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #1 on: October 27, 2015, 08:04:44 pm »
If what you have stated is accurate and they have their goods plus your money then I would give them seven day in writing ( sent special delivery ) to return the cash failure will result in court action

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #2 on: October 27, 2015, 08:35:26 pm »
Thanks for your reply Darren.
I have in as many words done that in the form of emails
thinking that would do the trick but it hasn't.


Smudger

  • Posts: 13436
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #3 on: October 27, 2015, 08:39:36 pm »
To move forward you need a physical record is. Letter and proof it was delivered, emails can be explained away (spam filter, rogue employee etc..)

Some people like to take it to the brink, but I cannot see why the money has not been returned as they still have the goods  ???

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

Nick Day

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #4 on: October 27, 2015, 08:49:59 pm »
You have returned the goods and have tracking proof that they have been received.
Invoice them for the goods.
They can claim that the goods were never ordered so you will probably have to pay to have them returned.
Forget all the history, you've been caught. If they had the money you would have been reimbursed by now.
A  CCJ is the result of a successful small claims court action and a failure to pay.
Post the name on here, they may threaten court action, but if they haven't got the money to pay you, they can't afford to take you to court.

Dave Willis

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #5 on: October 27, 2015, 08:50:43 pm »
Name and shame - they won't like bad publicity on here and would soon respond.

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #6 on: October 27, 2015, 09:02:16 pm »
Nick

They have their goods and my money.
I can't believe that a supplier is acting like this .
I have all the evidence to prove everything I have said
in emails from their so called sales manager.

Lets see if any suppliers would like to comment on this ?
Their name has been posted on here lots of times

Nick Day

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #7 on: October 27, 2015, 09:13:56 pm »
If they had the money they would have paid you, I suspect the Sales Manager is bricking it for his wages this month!!

Rogue Trader

  • Posts: 1366
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #8 on: October 27, 2015, 10:03:02 pm »
So who is it then?

Nick Day

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #9 on: October 27, 2015, 10:10:28 pm »
Rogue Trader and Dave Willis are so right, this is a forum and fellow members  really do need to know if there is a trader who should be avoided.

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #10 on: October 27, 2015, 10:25:45 pm »
I don't want to jeopardise getting my money back at this moment in time .
They are very well known and I am not sure if I will cause myself grief for naming them.
If I have to issue proceedings then I will take advice re naming them .
I know they used to come on here years ago when I first started not sure now
As I don't come on here often now

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #11 on: October 28, 2015, 05:15:06 pm »
Signed for Letter sent today requesting refund within 7 days
or taking it to small claims court at their expense.
We will see?

Nick Day

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #12 on: October 28, 2015, 05:57:29 pm »
A little tip.. don't use recorded or signed for delivery. They  can refuse to accept it, it could take a couple of weeks to come back, you will have wasted your money  issuing proceedings. Use standard first class post, you then come under the "posting rule". It says that the instant you put it in the letter box the letter has been sent and received.
You can also use e-mail.

8weekly

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #13 on: October 28, 2015, 06:02:17 pm »
A little tip.. don't use recorded or signed for delivery. They  can refuse to accept it, it could take a couple of weeks to come back, you will have wasted your money  issuing proceedings. Use standard first class post, you then come under the "posting rule". It says that the instant you put it in the letter box the letter has been sent and received.
You can also use e-mail.
Bullpoop.

AuRavelling79

  • Posts: 25349
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #14 on: October 28, 2015, 06:02:57 pm »
Have you actually phoned them up and spoken to someone in authority?
Are they far away from you so you might drive down there and knock on the front door?
It's a game of three halves!

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #15 on: October 28, 2015, 07:54:34 pm »
Have sent letter signed for today.
They are not local to me.
I have confirmation emails from their sales manager
confirming i will get full refund within 10 days according to their refund policy.
That was over 30 days ago
Have phoned them several times and there is never anybody in authority that I can speak to.
I have even left a message for their MD on their Facebook page .
End result  -- diddly squat which is why I have posted this on here.
Bloody disgusted.


Smudger

  • Posts: 13436
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #16 on: October 28, 2015, 08:40:22 pm »
I only problem you would have posting a name on here is if your telling porkies

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #17 on: October 28, 2015, 08:48:15 pm »
Darran
I am not telling Porkies
I cannot believe this company has treated my company so badly .
Everyone deserves a chance to explain their actions and they have had ample opportunity.
I am warning others so they don't get the hassle that I am having.

CleanClear

  • Posts: 14669
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #18 on: October 28, 2015, 09:06:14 pm »
A little tip.. don't use recorded or signed for delivery. They  can refuse to accept it, it could take a couple of weeks to come back, you will have wasted your money  issuing proceedings. Use standard first class post, you then come under the "posting rule". It says that the instant you put it in the letter box the letter has been sent and received.
You can also use e-mail.
Bullpoop.

He's correct. The only thing i'd add is to get a "proof of posting" slip from the post office when you send it first class. Its all in the Civil Procedures rules for serving documents etc.. You don't have to prove or show they got it, just that you sent it. And thats it, its deemed served.
*Status*--------Currently Online---------

Nick Day

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #19 on: October 28, 2015, 09:10:24 pm »
It appears you ordered  non-standard goods ( normally non-returnable) which were not delivered within a previously specified time limit. Have you a written contract for this?
To be honest nobody has learnt anything.