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To think my DD has been ripped and pursue this further?

(69 Posts)
CiritheLionessofCintra Thu 10-Dec-15 13:56:43

My DD is 18, she works part time and ordered a dress for her best friend's birthday party on the 19th December. She ordered this dress on the 9th of November from a woman who runs an individual 'legit' business, apparently DD's friends order from her and such. The estimated delivery for DD's order was 2-3 days, it took 3 weeks and arrived on the 24th of November only for DD to open it and realise it wasn't the right dress. hmm

So DD contacts the seller and informs her of this. She apologises and tells her the correct dress will be posted out as soon as she receives the wrong dress back so DD pays to post the dress back that day from our local post office and waits. She's told me all this today as there's still no word from the seller. I've agreed to take DD shopping for a back up dress but contacted the seller through DD's email. I inquired about her receiving the previous dress (DD was smart enough to track the dress she posted, the seller had indeed received the dress.). The seller replied that she hadn't received it so therefore she wouldn't be posting anything out.

I've went through all conversations DD had with this woman and through details that were given. There was no mistake, DD posted it to the address that seller gave and she defiantly received it. My DD works very hard for her money and the thought of her being ripped off like this really upsets me, though I could be hormonal and unreasonable.

AIBU?

Creampastry Thu 10-Dec-15 14:01:30

Threaten her with small claims court! Your dd is being ripped off. She needs her money back plus the cost of the return postage.

littlemermaid80 Thu 10-Dec-15 14:06:39

Don't drop this! You have a paper trail and you can prove that the seller has received the dress.

She's trying it on. YANBU

Scarydinosaurs Thu 10-Dec-15 14:06:59

Do you have evidence she received it?

CiritheLionessofCintra Thu 10-Dec-15 14:07:31

I'm considering it, Cream. She's argued with me and is adamant she hasn't received anything even though I've provided her with the fracker and shot of the delivery notice. hmm

CiritheLionessofCintra Thu 10-Dec-15 14:08:40

Yes, Scary. DD tracked the first dress and has both paper and digital proof that she recieved it.

littlemermaid80 Thu 10-Dec-15 14:12:16

So what's her argument when faced with proof of delivery?

SevenOfNineTrue Thu 10-Dec-15 14:12:51

I'd email the woman and say you have proof she has had the dress and if no new dress if forthcoming as promised, you will report her to Trading Standards.

ovenchips Thu 10-Dec-15 14:15:06

Does sound like your DD has been ripped offangry I think she (not you by the way) should pursue her money.

CiritheLionessofCintra Thu 10-Dec-15 14:16:39

I've provided her with screen shots of the delivery but she's trying to argue that it's fake?! She's diverting from the proof by trying to say that DD never posted the original dress back and that DD got the dress she ordered. angry

DD has shown me her order history and the dress that arrived is completely different in photos and description! It's bloody ridiculous!

whois Thu 10-Dec-15 14:18:18

You have proof of delivery. Woman being a total bitch and clearly trying to rip your DD off.

Can you go round and speak in person?

Or threaten to take her to the small claims - will cost you to start proceedings but you'll get that back if you win. Which you should do given paper train and POD.

Hihohoho1 Thu 10-Dec-15 14:19:49

Yes definatly pursue her and threaten legal action within a given time scale. Tell her you intend warning others about her on social media too.

oven why wouldn't she help her dd to deal with this 18 or not? No issue there.

Samiam123 Thu 10-Dec-15 14:20:09

If she paid by PayPal she should open an "item not received" dispute as she hasn't received the original item.

londonrach Thu 10-Dec-15 14:20:26

what a horrible lady. Dont let this drop. Tell her you will be reporting her to trading standards and taking her to the small claims court. Id also make sure everyone you knew knows about this lady.

momb Thu 10-Dec-15 14:21:57

Print out and screen shot everything so that you have hard copy and electronic records. File with the small claims court.

MrsPnut Thu 10-Dec-15 14:21:59

How did your daughter pay? if it was paypal then so long as she paid for goods then she can reclaim the money from them. If she paid with a debit card then contact the bank and see if you can do a chargeback.

Does the woman actually have a business or is she just selling on Facebook? because I would be speaking to Trading standards and the police too.

FellOffMyUnicorn Thu 10-Dec-15 14:22:52

dont let her get away with it - how did DD buy the dress? ebay? facebook?

ButtonMoon88 Thu 10-Dec-15 14:23:35

Is it trading standards that deal with this?

Does this woman have a website, Facebook page? Where is she based?

I would (if she has one) write a complaint publicly on her Fb, and also on her review section of website (again if possible)

I would then contact her one last time through ever which means you have been doing up to now, and inform her that you are taking this further and will go to small claims if necessary to get money back.

At best this lady has incorrectly sent your DD a dress by accident, at worst she has deliberately miss-sold and item and is now refusing to refund. I'm sure (although not legally minded) this conflicts with DD's statutory rights.

ButtonMoon88 Thu 10-Dec-15 14:24:07

Sorry I x-posted!!

ButtonMoon88 Thu 10-Dec-15 14:25:26

I have also received a refund from my bank in the past when some goods I ordered online did not arrive within the time frame, (15days) perhaps this is something your DD can look into?

CiritheLionessofCintra Thu 10-Dec-15 14:29:26

Who unfortunatly we can't speak in person as she's not local to us or else I'd be dragging my rotund pregnant self round as this has truly pissed me off.

DD couldn't pay by PayPal as this lady doesn't accept it, it would have been easier to open a case if she did though. It's a website that DD's friend use and have had successful orders from so my DD thought it was safe. We're currently screen shoting everything and printing as I type. I'm also trying to draft up a sensible email about small claims court to her now.

CiritheLionessofCintra Thu 10-Dec-15 14:31:37

Button, I've been thinking about the delivery time issue aswell. It states on her site that the delivery is 2-3 days, since it took 3 weeks I'm wondering if I can bring this up with DD's bank to get somewhere if the threat of small claims goes amiss.

ButtonMoon88 Thu 10-Dec-15 14:35:21

Ciri- I'm pretty certain you can, I did although it was slightly different circumstances in that absolutely nothing arrived and then I heard the company dissolved. But it's worth ringing the bank and asking them!

ovenchips Thu 10-Dec-15 14:40:20

Hihohoho I said that cos the daughter did the original buying - any action should be taken by her.

Also, it's a fantastic lesson a DD to learn early in her adult life about pursuing something when she has been ripped off. I think if she did it mostly off her own bat, she'd turn a bad experience into a good one and feel good about it.

karalime Thu 10-Dec-15 14:43:03

How did she pay?

If it was by card she can start a chargeback with the bank, if it was PayPal she can open a dispute.

No need for small claims court and no cost to your daughter.

Just make sure that all requests for evidence are answered otherwise you can lose by default. I think it would be an items not received dispute, but make sure you state that it is the exchange you have not received.

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