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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To not pay out, and let them take me to court?

175 replies

peeved123 · Today 11:04

Not sure if I am just being stubborn, or if I should just let it go and move on.

Long story short; I used Lookiero (an online personal shopper service) who send out several items at an agreed interval and you can pay for what you want to keep and send the rest back.

I chose to keep 3 out of 8 items and paid for them. the return label provided was an Evri drop off one, and unfortunately I don't have a drop off point within 3 hours of me (yes, really). I emailed them 3 times asking what I should do and if they could provide and alternative return option. They initially ignored my emails and then I got one saying I had to return by the following day or I would be charge for the full amount (nearly £300!!). I decided I would have to just fork out on a Royal Mail tracked service and posted it the next day.

I have Royal Mail proof it was delivered, and even got an email from Lookiero to say they had received it.

Not long after, however, they said my return was invalid as I didn't use Evri, and that they hadn't receive the parcel. They have been trying to charge my account £278 every week for the last few months despite my attempts at trying to speak to someone to discuss the problem (I've only had generic AI responses). I have blocked the payments through my bank account.

Lookiero have since escalated it to a debt collector. I have gathered all my evidence, which took a long time, and sent it to them. They are continuing to say I owe Lookiero £278 and have added on a £25 fee taking it to over £300. My latest email from the debt collector has said Lookiero will now be starting formal court proceedings because I have not paid. This has been going on since the end of June.

I'm at the point now I just want it to go away, it's really stressing me out and I don't want to go through the court or have it affect my credit score. On the other hand, £300 is a huge amount to me and at this time of year will have a big impact.

What would you do?

YABU - just pay the £300 and consider it a lesson learned
YANBU - keep fighting them and don't let them get away with it

I have already contacted Citizen's advice, Resolver UK and Watchdog.

Sorry that ended up long after me saying I would keep it short.

OP posts:
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Truinio · Today 17:53

You returned the goods and you have an email confirming receipt. They don’t have a leg to stand on. They are just trying to intimidate you into paying up and highly unlikely this will go to court.

peeved123 · Today 17:52

@Error404FucksNotFoundI’m not sure why some people just go out of their way to be combative and irrational. Perhaps they struggle in real life and this is an outlet for them 🤷🏼‍♀️.

There’s a respectful way to say things, but through computer/phone screens a lot of people lose basic human manners.

Anyway, the vast majority have been extremely helpful and supportive so thank you.

I hope the others get a good night sleep and have a better day tomorrow.

OP posts:
CatherinedeBourgh · Today 17:49

We've had a couple of things where we were charged for things we shouldn't have been/they didn't take payment on our card when they were meant to. We were threatened all sorts by debt collectors. We told them to prove we owed the money (we didn't) or we would ignore them, they said they would take us to court. They have carried on sending AI generated emails for a year.

It will never go to court, they know they can't win and are trying to wear you down or frighten you. If you ignore them (just keep resending the email where you explain why you don't owe them anything), they will eventually go away.

Error404FucksNotFound · Today 17:46

I don't know why people are insisting you are this martin bloke.
There's more than one page of one star reviews and the one i think is probably yours was left a while back.

Dripnoz · Today 17:46

peeved123 · Today 17:42

@Dripnozwhy would I be wasting my time telling you that review wasn’t me. Look harder, you’ll find mine! Where in Martin’s review does it say he didn’t know you could book a collection, when that’s exactly what he did?

your posts are so fishy, I’m not sure what you are trying to achieve. This is an issue that affects people in rural areas, where companies just assume you have access to services like bigger towns/cities do. there just so happens to be 1000s of people where this exact scenario could play out, so not even much of a coincidence at all.

Fishy? Oh dear. Good luck!!

PrettyPickle · Today 17:43

Dripnoz · Today 17:31

Fact is… you could have booked a collection. Very clearly on website. You didn’t

No, the fact is that they have had the goods back, they have acknowledged it, perhaps an advisory note saying she could have arranged an Evri collection from home for future information....but a debt collector???

They haven't suffered a loss, how can they take her to court?

The world has gone mad.

Delphiniumandlupins · Today 17:42

Ved · Today 15:43

@peeved123

Going against the grain here... It's up to you if you want it to go to court, but I would be worried about getting a CCJ, and it affecting my credit record, so I would pay up, and consider it a lesson learned.

I am dying to know where you live that doesn't have an Evri drop off point for 3 hours away though... Are you in The Shetland Islands? Nowhere on the UK mainland has no Evri drop off points within 3 hours. Indeed everywhere in the UK has an Evri drop off point within one hour. Even so, The Shetlands do have alternatives.... So I'm a bit confused as to how you're over 3 hours from any parcel drop off point.

.

Edited

The Shetland Islands don't have a road alternative to the ferry and the ferry takes a lot longer than 3 hours!

peeved123 · Today 17:42

@Dripnozwhy would I be wasting my time telling you that review wasn’t me. Look harder, you’ll find mine! Where in Martin’s review does it say he didn’t know you could book a collection, when that’s exactly what he did?

your posts are so fishy, I’m not sure what you are trying to achieve. This is an issue that affects people in rural areas, where companies just assume you have access to services like bigger towns/cities do. there just so happens to be 1000s of people where this exact scenario could play out, so not even much of a coincidence at all.

OP posts:
Error404FucksNotFound · Today 17:36

At this point stop trying to talk to them. Tell them you have proof they received it, and to take you to court so you can show the judge your proof and have them decide.

Dripnoz · Today 17:34

That review on trust pilot is an insane coincidence if not you! Also lives unusually long distance from Evri and also and also had to send Royal Mail. Also didn’t realise that you could book a collection!

Dripnoz · Today 17:31

Fact is… you could have booked a collection. Very clearly on website. You didn’t

peeved123 · Today 17:28

@Dripnozbecause they emailed me AFTER I had already posted it with RM, which I did state previously.

I had nothing but generic responses (or none at all) previous to that. The only reason I posted it with RM when I did was because they emailed and said that if I didn’t post it by the following day they would charge me for all items.

it wasn’t until a couple days after that they then emailed again and said on this occasion they would arrange a collection but at that point the parcel was nearly back with them.

im not trying to drip feed but there have been SO many emails back and forth that id be here for days trying to explain every last detail so was trying to keep to the point.

OP posts:
AmnesiacDream · Today 17:27

OP I would stop chasing and trying to get people to intervene. You have done plenty and acted in good faith. You don't need to jump through more hoops.

I caveat that with a need to protect your credit score if you haven't already (see below) . If you receive anything more from the debt recovery company simply ignore unless it's a letter before action, in which case copy your most concise previous email laying out the case you have and respond with that. Wait for an official court notification that they are actually suing.

If they sue, email them again laying out your case, with the evidence attached and stating that you will show the sheriff this email at the end of the case, and be claiming expenses and asking the court to lift the expenses cap as there court action is clearly unreasonable.

Respond to the court notification as directed.

If they don't withdraw and there is a hearing, at the end of it, when the court has found in your favour ask for expenses and for the court to lift the expenses cap. If you should have been working that day, take the day off unpaid and ask your employer for a letter stating that and how much you have lost in wages. Add that to your expenses claim along with any direct costs like photocopying, postage and travel to the court (if required). Unfortunately you can't claim expenses for any attempts you've made to resolve pre-action. If the hearing is held online expenses may be very limited and you may not need to ask for the cap to be lifted. My understanding is that for claims of this sort of amount courts very rarely give expenses for the time you've spent other than for direct losses like wages, but it wouldn't hurt to lay out all the ways you tried to settle the dispute.

To protect your credit score, if you haven't already, email the debt collection agency explicitly stating that the debt is disputed, and that you have provided evidence the goods were returned and confirmed by Lookiero so reporting it as an unpaid debt to a credit reference agency would be a breach of data accuracy obligations. Then monitor your credit reports (which you hopefully do anyway). If the debt ever appears, dispute with the credit reference agency using the royal mail receipt and receipt of goods email from Lookiero.

TLDR: Don't jump through more hoops. Wait for them to take action. They won't win in court with the situation you've outlined here and you can dispute any marker on your credit reports with the evidence you have.

Dripnoz · Today 17:22

peeved123 · Today 17:21

@Firesidechatteri had no idea I could do that, I even asked on my local FB page and no one suggested it 🤦‍♀️. Regardless, I would have had to pay for that too and they only gave me 1 day to sort something out which meant I might have been charged the full lot anyway. It’s supposed to be free returns. As mentioned they did eventually offer a collection (grudgingly) but not until after they had threatened to charge me the full amount and gave me 1 day to return.

Anyway, I know now for the future I can do that. Doesn’t change the point they acknowledged receipt of the items and continued to try charge me for them 😭

So why didn’t you accept their offer for collection? This is a drip as first you’ve said they offered collection

Dripnoz · Today 17:21

Firesidechatter · Today 17:08

Op all you had to do was go onto their website and book a collection

I know. So straightforward. I have done precisely this with this company and it was seamless

peeved123 · Today 17:21

@Firesidechatteri had no idea I could do that, I even asked on my local FB page and no one suggested it 🤦‍♀️. Regardless, I would have had to pay for that too and they only gave me 1 day to sort something out which meant I might have been charged the full lot anyway. It’s supposed to be free returns. As mentioned they did eventually offer a collection (grudgingly) but not until after they had threatened to charge me the full amount and gave me 1 day to return.

Anyway, I know now for the future I can do that. Doesn’t change the point they acknowledged receipt of the items and continued to try charge me for them 😭

OP posts:
QueenietheGreat · Today 17:14

@peeved123
Keep on fighting!
Its not the same but I've had problems with shein and their couriers who cannot read an address label properly
So they've taken pictures of themselves delivering my stuff to other houses and it being gratefully accepted!
So fight on
I myself have and did
And got back all monies owed, so
Good Luck!!!

Firesidechatter · Today 17:08

Op all you had to do was go onto their website and book a collection

Firesidechatter · Today 17:07

peeved123 · Today 16:29

@Firesidechatterok 🤷🏼‍♀️. There’s still no Evri drop off point or depot though

Sure, but again it’d Evri who dropped off so collection was possible.

KTheGrey · Today 17:05

Ring Citizens' Advice and they will tell you exactly what to do. They instructed me how to deal with the electricity and I got a full refund and really quickly.

LondonLass2026 · Today 17:04

Exactly this happened to me about ten years ago when Yves Rocher had a UK website. I paid upfront via credit card for some items, they sent it and included a "free gift". Oh how kind, I thought. Until they told me out of the blue a few weeks later that they'd be passing on my "debt" to a collection agency. Yep, the free gift that THEY put in and I DIDN'T ask for was subjecting me to bailiff action!

I contacted them on every available avenue, including a copy of my credit card statement showing the full payment made, and that the free gift was nothing to do with me, and they had the absolute nerve to block me.

I heard that they did it to others, too.

Then by sheer luck their UK operations ceased and it all went away (I checked my Experian records).

This popped up, if it's any help (I haven't read it all).

https://www.mumsnet.com/talk/style_and_beauty/4982902-lookiero-returns-help

Lookiero Returns HELP! | Mumsnet

Having a terrible time with Lookiero. Returned my items 16th December now presumed lost in transit by EVRI (no surprise but was the only return option...

https://www.mumsnet.com/talk/style_and_beauty/4982902-lookiero-returns-help

peeved123 · Today 17:04

I’m not sure why at least 3 people now have confidently said they have found my review on Trustpilot and posted a screenshot of it…..and then the post mysteriously disappears?

You’ll find my review if you look hard enough, but it’s not the one that was posted today.

this is not me, for the following reasons :

  1. the closest drop off to me is further than 60 miles 2)a 3rd party courier did not collect my parcel as stated in this review, I used RM and took it to a post office (as I’ve stated throughout)
  2. I’m not getting charged for the full box, only the items returned. Again, I have already stated this. 4)there is no Inpost in my town
  3. I actually liked some of the clothes and kept them, so no I didn’t think they were awful, just didn’t want to keep them all.
  4. again as stated before, this has been ongoing for months and I did leave them a review on trust pilot but many weeks ago.

Not sure why people are convinced this is me. There are many many reviews with similar stories on Trustpilot, I’ve just read through some of them. And mine is in there somewhere, but it’s not that one.

Just shows you my cases is not an isolated one.

sorry this will only make sense to the posters who keep posting a picture of a review by a chap called ‘Martin’ and trying to convince everyone it’s me 🤷🏼‍♀️

OP posts:
CatSquirrelDuck · Today 16:58

I would take them to court over it

Whyherewego · Today 16:36

PrettyPickle · Today 16:30

@peeved123 I'd be firmly in the YANBU camp. Based on the facts as you've presented them:
You tried to follow the returns process.
You contacted the company multiple times before the deadline because their specified courier was not realistically available to you.
They failed to provide a workable alternative in time.
You returned the items using a tracked service at your own expense.
You have proof of delivery.
You apparently received an email from them acknowledging receipt of the parcel.

The key issue is not whether you used Evri. The key issue is whether the goods were returned to them. If they were returned and received, it seems unreasonable for them to attempt to charge you for items you no longer possess simply because a different courier was used. I think the Court will ask what their losses are given they have had the goods back which they have acknowledged.

Personally, if I had documentary evidence of:
My emails requesting help given you practical inability to comply with their Evri only dictat, not your unwillingness to do so, Royal Mail tracking showing delivery,
Their email acknowledging receipt, then I would not hand over £300 merely because a debt collector had become involved. Debt collectors have no magic powers; if the debt is genuinely disputed they would normally need a court judgment before compensation could be enforced.

In fact, I'd be inclined to welcome court proceedings rather than fear them. A judge would look at evidence. "The customer returned the goods, we received them, but we want £278 anyway because they used the wrong courier" is not, on the face of it, an especially compelling position. They haven't sustained a loss to recover.

I may even consider counterclaiming and I would certainly keep records of:
postage costs, time spent dealing with the matter, any bank charges or direct financial losses, correspondence from the debt collectors and any time off work required to attend court if it comes to that.

YANBU. You've got proof you tried to resolve it, proof you returned the items, and apparently proof they received them. I'd stop panicking about the debt collector letters and make them explain to a judge why they think they're entitled to payment for goods that were returned. £300 is a lot of money, which is exactly why I wouldn't hand it over when the evidence appears to support your position.

The one caveat is that if you genuinely have received a Letter Before Claim or actual court papers, you should not ignore them. You should respond within the stated deadlines and provide your evidence stating your counterclaim. Ignoring court documents is very different from refusing to pay a disputed debt. And for what its worth, I think they are banking on you being scared off and coughing up and once they see you are fighting back, I think they will drop the claim.

I would however check your credit record and make sure they haven't recorded anything against it and if they have, dispute it through the credit check company.

Excellent post ! Couldn't have been more clearly articulated!

Kottorando · Today 16:34

Ved · Today 16:16

OK I'll shut up now. 😆

🤭

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