Hi all, some help or advice on this would be appreciated. I issued a MoneyClaim Online action via the Courts & Tribunals Service against one of the Covid testing companies who have now been barred from the Government's authorised list of providers.
The test arrived way too late for it to be of any use to me after arriving home from a trip overseas. I invoked my rights under online selling regulations and cancelled the order (as is my right under current legislation I have 14 days to cancel the order, even after receiving it). I had no response to any of my attempts to contact the provider either by phone, email or their online chat facility and they were in the top ten of providers to avoid with hundreds of people reporting the same issues as me, or that tests simply hadn't arrived.
The provider has filed a 'defence' saying, in part, that because I used the booking reference number they provided in order to complete my paperwork to enable me to return to the UK, I can't claim anything from them. This, along with their standard T&Cs is, they say, enough to prevent them from having to refund me.
They're also saying that their T&C's don't allow me to make any claim for a refund - which is surely bollocks because their test didn't arrive in time for it to be of any use whatsoever to me - I should have tested on day 2 of returning home, and the fucking test didn't arrive until almost two weeks later - despite numerous texts from DPD that it was due to be delivered on various days when it didn't arrive.
The defendant's 'defence' on the counterclaim form doesn't even show all of their defence - it cuts off in the middle of a sentence - this is what the defendant has said:
"....Claimant contracted with XXXXX on its standard terms
and conditions.
The terms and conditions are clearly displayed on the order page of our website. Customers are further made aware of our terms and conditions prior to purchase and indeed must tick a box to confirm consent with the terms to proceed with the purchase.
XXXX are therefore not liable for the breaches alleged by the Claimant and relies on its terms and conditions in defence of the claim.
Finally, the Claimant is not entitled to the full money claimed
since there has been no reckoning in relation to the benefit enjoyed by the Claimant who has utilised the mandatory booking reference generated by the Defendant which allowed the Claimant ".
My question is: does anyone know what happens now? I can't work out whether I need to do anything.
I find it absolutely despicable that these firms are profiteering from people paying them money for tests that arrive either not at all or way to late to be of any use, and they then try to claim they're not responsible for refunds because of their standard T&Cs and because I used the booking reference for my paperwork to return home - of course I did! I wasn't aware then that the product I'd ordered, in good faith from them, wouldn't turn up for almost two weeks and therefore be rendered useless and not-fit-for-purpose.
Any help or advice will be gratefully received. This isn't about the money for me, this is about wilful profiteering and ignoring people who've handed over money in good faith and are then fucked over by these absolute shysters.