Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

140 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:
peeved123 · Today 14:12

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Citizen's advice gave me a few email templates to send them (which they ignored). Lookiero acknowldeged my complaint through Resolver Uk but haven't replied or addressed it and I've not heard back from Watchdog.

OP posts:
peeved123 · Today 14:13

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

I have dozens of emails back and forth, on different threads. I've dowloaded them all and put them in date order.

OP posts:
Amegaphone · Today 14:15

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

peeved123 · Today 14:15

ChubbyCheeksCharlie · Today 13:47

A 1* review with full details on Trustpilot sorts everything out instantly in my experience!

Did that weeks ago...didn't make a blind bit of difference!

OP posts:
peeved123 · Today 14:16

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Debtist wanted all email correspondence as well.

OP posts:
Amegaphone · Today 14:17

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Amegaphone · Today 14:17

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

LegalBeagleReturner · Today 14:17

This comes up as his personal email if that's not working. Send them this thread too!

[email protected]

peeved123 · Today 14:26

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

I've been emailing them back and forth, regularly, since June. There are many threads, some of which overlap each other. It took me a while to get it all of them downloaded and organised in date order, alongside screenshots and other supporting evidence to go along with it.

Anyway, sorry that you don't think it should have taken me a long time to do but thank you for your insight!

OP posts:
peeved123 · Today 14:27

LegalBeagleReturner · Today 14:17

This comes up as his personal email if that's not working. Send them this thread too!

[email protected]

Thank you. I've gone through his LinkedIn profile so will wait and see if I get a response!

OP posts:
Amegaphone · Today 14:29

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

peeved123 · Today 14:36

@Amegaphone I get a notification from my banking app each time they try and take payment. I have been taking screenshots of these too.

OP posts:
Tarantinostarantulas · Today 14:44

peeved123 · Today 14:26

I've been emailing them back and forth, regularly, since June. There are many threads, some of which overlap each other. It took me a while to get it all of them downloaded and organised in date order, alongside screenshots and other supporting evidence to go along with it.

Anyway, sorry that you don't think it should have taken me a long time to do but thank you for your insight!

I've done that sort of thing, OP (ombudsman involvement with First Utility) - it takes AGES.

Kottorando · Today 14:52

Do not pay them, and do not panic @peeved123

Sadly, you are not the first to have fallen victim to Lookiero (whose HQ is based in Spain but they must follow UK company rules)

You have written proof/receipts that Lookiero received the items back, so they would lose immediately in a UK court, and they almost certainly know it.

Under UK rules, a debt collector cannot legally pursue you while a debt is under a valid dispute without investigating it first.

These two companies should not be actively chasing you for the exact same debt at the same time

Send a formal "Prove It" and dispute letter to both Lookiero and Dunnings

Use this template to send to Dunnings (or whomever is the debt collection firm)

Lookiero acknowledged receiving the Royal Mail parcel, they have their stock back.

They have suffered zero financial loss from the goods themselves, so demanding the full retail price has no legal standing in a UK court.

Good luck, although it must be very stressful for you, consumer law is on your side, they will not take you to court. 🌸

(p.s. do keep an eye on your credit/debit account or however you paid originally)

.sp

BobbleBear · Today 15:06

You’ve returned the goods and have evidence of them receiving them back.

Ignore and let them take you to court, which they’re unlikely to do given they’ll obviously lose the case, because they cannot insist you use Evri for returns and charge you for using a different delivery service.

Even if it states it on their T&C’s, it cannot be enforced. You could have walked round and hand delivered the parcel and they’d have to accept it.

I’m petty and would be inclined to write telling them that further letters or emails will be billed at £300 per letter, because my time is valuable.

Ligesani · Today 15:14

Kottorando · Today 14:52

Do not pay them, and do not panic @peeved123

Sadly, you are not the first to have fallen victim to Lookiero (whose HQ is based in Spain but they must follow UK company rules)

You have written proof/receipts that Lookiero received the items back, so they would lose immediately in a UK court, and they almost certainly know it.

Under UK rules, a debt collector cannot legally pursue you while a debt is under a valid dispute without investigating it first.

These two companies should not be actively chasing you for the exact same debt at the same time

Send a formal "Prove It" and dispute letter to both Lookiero and Dunnings

Use this template to send to Dunnings (or whomever is the debt collection firm)

Lookiero acknowledged receiving the Royal Mail parcel, they have their stock back.

They have suffered zero financial loss from the goods themselves, so demanding the full retail price has no legal standing in a UK court.

Good luck, although it must be very stressful for you, consumer law is on your side, they will not take you to court. 🌸

(p.s. do keep an eye on your credit/debit account or however you paid originally)

.sp

Edited

This. They are bluffing and behaving illegally. Stand firm.

Prettyfan · Today 15:18

This reply has been withdrawn

Post withdrawn by MNHQ

travailtotravel · Today 15:18

Great advice here - but I would be tempted to play them at their own game and take them to small claims court. I bet they respond to that. Will cost you but you can ask for costs as part of the settlement.

prh47bridge · Today 15:22

travailtotravel · Today 15:18

Great advice here - but I would be tempted to play them at their own game and take them to small claims court. I bet they respond to that. Will cost you but you can ask for costs as part of the settlement.

On what basis would OP take them to small claims? She isn't trying to get money back from them. They are trying to take money from her.

Prettyfan · Today 15:24

This reply has been withdrawn

Post withdrawn by MNHQ

Kottorando · Today 15:24

This reply has been deleted

Post withdrawn by MNHQ

most UK banks offer this @Prettyfan

Try via your App Push Notifications;

Open your bank’s mobile app, go to your Profile or Settings,

select Notifications (or Account Alerts / Payment Alerts), and toggle on spending, debit card, or transaction alerts

Skippythemagnificent · Today 15:27

Resolver is a great website who help with consumer issues. They’ve fixed every issue I’ve ever had.

Prettyfan · Today 15:27

This reply has been withdrawn

Post withdrawn by MNHQ

Friendlygingercat · Today 15:31

I worked for a debt collection agency (one of the better ones) back in the 1980s. It taught me a lot about the debt industry which is utterly corrupt and Dickensian. The original company has probably now sold it on for pence in the pound to one of these lowlife debt collection agencies. That's why they will not engage with you.

Don#t engage with the debt collector. They have no authority and just try to intimidate people. Learn to recognise their letters. Just strike through your name and put it back in the mail. Eventually they will stop although they will probably sell it on to another DCA. That's how it goes. I doubt you will be taken to court for as little as £300. The courts are backed up so yes it could take a year more. if they did

Take a screen shot of the proof of delivery and keep it carefully. If you have to go to court ask for all your expenses. That means not only the cost of the court process and getting there (if you have to appear in person) but you can also reasonably claim for the time it has taken you to deal with the claim, making phone calls, reading up. filling out forms and so on. £15-£20 an hour would be reasonable.

Most cases of this type are now decided online.

Weekendplans · Today 15:33

I would edit your review on trustpilot if its regarding a certain leather allergy.... its quite hostile and doesnt put into context the issues youve had since returning which you have explained here. If thats not you apologies