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Legal matters

Scammed by online company, help!

9 replies

Ilovechocolatetoomuch · 23/03/2024 21:06

We bought an item from an online company that had fantastic reviews.
the item arrived and it’s awful, terrible quality.
Ive asked to return the item, initially to company said no then they changed tact and said they would if we took down a negative review.
we stupidly bought it using clear pay so I’m not sure we can claim back using charge back.
Any advice on what on earth to do would be appreciated.

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prh47bridge · 23/03/2024 21:55

You have the right to return the goods within 14 days and receive a full refund. The company cannot refuse this, nor can they make the refund conditional on you taking down a negative review.

Clearpay say they refund customers if they can't resolve an issue with the seller.

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Ilovechocolatetoomuch · 23/03/2024 22:16

Clear pay have said they can’t help .

the company say they will take the item back but we have to pay 50% of the cost of the item and a £60 admin fee, so about £400.

I’m planning to phone CAB first thing on Monday a.m I just wondered if anybody had been through similar.

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RNBrie · 23/03/2024 22:22

It's not a sofa cover is it??

I've no idea if you can claim a charge back from clear pay... but I bought sofa covers online which turned out to be shit but the company refused to give me an address to return them to so when I tried to do a charge back my credit card company said I'd not complied with Ts and Cs (to return them) so closed the case telling me my only choice was to go to the financial ombudsman which I did.

Meanwhile I managed to find the owner of the company via companies House and LinkedIn and then his address via the electoral register. Also managed to find his personal email address on a dog walking advert he'd posted. I emailed him and asked if he'd like me to return the sofa covers to his home address in person (I'm pretty sure he lived with his parents and i almost welcomed a chat with them about their dishonest son). Funnily enough I got a refund the same day.

Much later I was contacted by the financial ombudsman who after some back and forth said he would have found in my favour but because I'd got my money back there wasn't much he could do except make the credit company write me a heartfelt and lengthy apology which I very much enjoyed reading.

I think there needs to be some sort of awareness campaign around this sort of scam. The websites look legit, and the returns/guarantees are reassuring but you can never actually return anything so you never get your money back.

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RNBrie · 23/03/2024 22:24

Is the return charge and fee in the Ts and Cs???

Small claims court might work if you can find a registered UK address?

CAB is a good shout, they are also the only route into trading standards now but trading standards are mostly useless anyway.

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Ilovechocolatetoomuch · 23/03/2024 23:18

No it’s not a sofa it’s a giant bed, mattress and headboard.
They have tried to tell me it’s custom made so that’s why they charge 50% it’s a standard double bed nothing special.

Initially they said they couldn’t return it because we opened the packaging.

The only special thing is it has staples sticking out, one foot won’t stay in, it’s got screw holes missing and one side of the ottoman keeps popping up! I’ve taken pictures and sent them to them showing all the faults.

now a miracle has occurred and they will give us a refund but only if I take down my negative trust pilot reviews. I’m glad I have that in writing as that shows what a shocking underhand company they are.

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ny20005 · 23/03/2024 23:35

How did you pay through clear pay ?

I'd fight more with the company first though.

Screenshot all your conversations with the company in case they block you

Go through your booking t&c's & see what their returns policy says

Is there anything that mentions a custom order ?

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Ilovechocolatetoomuch · 24/03/2024 07:10

surely they can’t charge you 50% for a faulty product, irrelevant of what their t & c say.

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prh47bridge · 24/03/2024 08:06

If it was custom made as they claim, you lose the 14-day right to reject for any reason. However, you still have the 30-day right to reject because the goods are faulty. As you have rejected the product as faulty, they must give you a full refund. You are correct that it doesn't matter what their terms and conditions say. They cannot override the law. Consumer Rights Act 2015.

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RNBrie · 24/03/2024 08:25

Take down your review, get your money back and then write a new review... at least you've been able to negotiate with them.

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