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I have got to sue a company and don't know where to start - please help!!!

(5 Posts)
Lovingthepink Wed 30-Jul-08 11:11:06

Long story but basically I run a dance school. I ordered twenty leotards which turned up. When I opened them they were not what I ordered. I returned them and wanted my money back as new ones would not have arrived in time for the show. They still have the money and the leotards five months later. They say that they did send what I ordered but as the order was on the phone one of us is lying. They charged me however the price for what I thought I ordered and the packaging was labelled as what I ordered.

So, if you are keeping up!!! After countless e-mails, phone calls and then a formally worded letter sent registered post which I know they have received I really do have to sue them.

Does anyone have any experience of this, if so any advice would be appreciated. (The show was for charity - Macmillan Cancer Support - so I am really sueing to obtain their money not mine IYSWIM)

DaisySteiner Wed 30-Jul-08 11:14:46

Whether or not they are what you asked for, you're still entitled to return them within a short period (7 days I think?) under distance selling regulations.

Check your home insurance policy to see if you have either access to a free legal helpline or legal cover and they should be able to advise you. Also if you paid on credit card then you should be able to get the credit card company to intervene as they are jointly liable. Alternatively you could file a claim in the small claims court yourself which is quite straightforward - often the threat is enough in itself.

LadyMuck Wed 30-Jul-08 11:15:10

Personally I would probably try the local trading standards first. However if you do want to claim then this site will help.

Lovingthepink Wed 30-Jul-08 11:18:25

Thank you, I hadn't even thought about the credit card company or the home insurance. Will look into both.

I have threatened small claims courts and they still haven't responded.

The problem is that I didn't send them back within seven days and have always admitted to that. I think that could be a problem in my case. I received them, checked the invoice and labels and never thought to open them until I took them to the dress rehearsal. I have done business with this company for ten years.

Lovingthepink Wed 30-Jul-08 11:19:17

Thanks LadyMuck - great link

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