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Legal matters

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Where do I go next?

28 replies

Forestrain23 · 16/02/2024 21:29

Put a formal complaint to a company to try and obtain a refund for service which was not provided. Sent evidence- emails etc - where I had chased up the service.
Response within the 21 days was that my refund would not be honoured. Spoke to the person who had emailed this and they wouldn’t budge. Was told by them to escape the complaint which I did and again explained the whole situation and referred to the evidence I had sent and repeated again that the company would not be able to provide evidence that they had tried to call me as this was untrue.
They still haven’t been able to provide this evidence as they never called me.
The only time they did call me was when I phoned the main office and said I was by this time going with a different company due to my communications being ignored.
The trader then called me that night despite being told by the main office not to- I don’t think this is legal but they aren’t taking this on either.
Got an email yesterday morning saying that the escalated complaint will not be upheld and I will not be refunded- despite me having nothing to show for the money I paid!
They have still never produced the evidence I asked for whereas I had sent my pieces of evidence ( approx 5 to show I had chased up etc)
Email yesterday morning said the matter is closed and they will not discuss it further.
Where do I go now? They call their investigations ‘independent’ but if it’s internal (twice) then surely it’s not independent!
Thanks

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Forestrain23 · 16/02/2024 21:29
  • escalate not escape!
OP posts:
Needablueskyholiday · 16/02/2024 21:31

Go on the citizens advice bureau website. Loads of helpful information on your legal rights etc. They often put template letters on their website too. Hope that helps

TraitorsGate · 16/02/2024 21:33

Trading Standards maybe

Forestrain23 · 16/02/2024 21:33

Thanks- yes- I’m already talking to them and have a case ref number. Just not sure if they will take me through all the next steps. Going to call them on Monday.
How does it stand with me pursuing the company if the company are saying that the matter is closed and they won’t discuss?
Can I therefore still contact the company about this?

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Forestrain23 · 16/02/2024 21:34
  • talking to Citz Advice that is- haven’t tried trading standards yet
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Forestrain23 · 16/02/2024 21:38

If they are saying they won’t discuss it further and the matter is closed, how does it go with me talking to them?
Can I still email them? How do I further escalate it if it’s been refused twice by their ‘internal’ investigation and they are saying it’s closed and they won’t discuss it?

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SullysBabyMama · 16/02/2024 21:56

Are they a big company with a complaints policy or a small local company that may not have?
Small claims court would be my uneducated guess on how to escalate at this point?

GinForBreakfast · 16/02/2024 22:05

Consumer rights champions in the papers? Shame them on social media?

GinForBreakfast · 16/02/2024 22:06

Or if you paid by credit card, a charge back? Or small claims court?

Comefromaway · 16/02/2024 22:08

Small claims court.

owlsinthedaylight · 16/02/2024 22:09

How did you pay?

And do you have legal cover on your home insurance, bank account, or through one of those work “employee assistance” lines?

NearlyHeadlessNick · 16/02/2024 22:10

Court. It's a quick and easy process and I'd successful, you'll get the fee back too.

Forestrain23 · 16/02/2024 22:13

I’m thinking of small claims although it seems a bit of a hassle I’m not sure.
I think I will call Trading Standards on Monday.
If they are saying it’s closed and will not discuss it, do I need to get someone eg Citz Advice to communicate on my behalf or can I still email the company about this if needed? Can I still email them if they are saying they won’t discuss it further?

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prh47bridge · 17/02/2024 00:14

If they haven't provided a service for which you have paid you should get a full refund from them. It isn't clear on what basis they are refusing.

Since they are refusing a refund, you will have to take them to court to get your money back. Citizen's Advice can't do this for you. Your next step is to send a letter before action setting out what has happened and how much they owe you. Which? have a good template at Letter before small claims court claim - Which?.

If they fail to respond satisfactorily by the deadline, you can then start proceedings in the small claims court. You should do this yourself - you won't be able to recover your legal costs from the supplier even if you win. You will, however, be able to add the court fees onto your claim.

Letter before making a small claims court claim - Which?

Taking a company to the small claims court to get your money back? If so, you must send them a letter before you claim - this template will help you.

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim-aSFAC8Q6Jqan

Forestrain23 · 17/02/2024 11:31

Thanks- small claims court may be the way to go then. Alternatively I was thinking financial ombudsman or trading standards if either of them can help recover my money?
They are refusing on the basis of ‘he said she said’ re conversations but I have provided solid evidence of my communications chasing up the service and they have not produced evidence of anything apart from ‘he said she said’.
Either way, the service still hasn’t been provided and I have nothing to show for the money I paid.

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Mabelface · 17/02/2024 11:51

If they're FCA regulated and you've received a final resolution letter, you can approach the financial ombudsman service online. You must do this within 6 months of the letter, and the letter should explain your rights to approach FOS.

prh47bridge · 17/02/2024 11:52

The Financial Ombudsman can only help if the service in question is a financial service - banking, insurance, loans, etc. There are other ombudsman services. If any of those covers the service in question, they may be able to help.

Trading standards can stop the service provider from operating or take them to court if they are breaking the law, but they can't help you get your money back.

Silverbirchtwo · 17/02/2024 11:55

Small claims court, make a claim and they will have to defend it or pay you.

Forestrain23 · 17/02/2024 12:21

Thanks for the advice so far. I’m shocked at their customer service and refusal to pay back the money I paid when I have not received the service I paid for despite chasing up. Their email ( where at the end they say they won’t discuss it anymore and the matter is closed) still contains information which is untrue. I have explained the situation to them quite a few times now and sent evidence of me chasing up, but they are still sticking to their untrue info.

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PegasusReturns · 17/02/2024 12:25

Don’t bother emailing the company again. Go to the small claims court.

Sunflower07 · 17/02/2024 12:51

when we had similar we went through the police as it was classed as fraud since the money was taken but the service wasn't provided at all (new carpets). We were told trading standards/ small claims court is the avenue to go down if the work had been done but not to a good standard. If they've charged for a service they've then not delivered, we were told it was fraud (and the man was convicted in court).

Station11 · 17/02/2024 13:50

What type of service was it and how did you pay?

Riverlee · 17/02/2024 13:53

Small claims court - can be done online and you don’t actually go to court until final stages (if at all). Surprisingly easy todo.

Debit card - chargeback - you can apply for a refund for services not received. The bank investigates the claim and if agree, will refund the money.

Forestrain23 · 17/02/2024 16:27

This advice from the posts above is really appreciated- thank you!
Quick question- if I send eg the template letter from Which regarding small court action, am I obliged to go through with it?
I would hope it would jolt them into being honest, but can you send the initial letter then change your mind eg if you decide to go down the route of police or ombudsman? Thanks!

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