Need legal advice! company withholding my refund! please help

Tommy Teapot

Well-known Member
Hi,

Right where do i start. My dad was looking to buy 2 satellite receivers (£460). I found a website which sold them at a cheap price. so, i purchased them on my mums credit card (mastercard) for him.

I received the goods, i checked them and realized they were clones (fakes). my dad wanted them sent back and refunded, so i contacted the website and told them that i would like to send them back and get a refund, the website states they charge 10% restocking fee which im more than happy with as long as i get most of the refund back.

Their first response in an email was to "sell them on ebay as it will cost lots to return them". i knew then i was in trouble.....anyway, after numerous emails stating i just wanted a refund he sent me a returns address. I proceeded to send them back via recorded delivery, he signed for them and my account status changed to "refund". I was told it would take 5-7 days for a refund. Ive been waiting since the 7th of july and nothing has been refunded. I contacted them during the whole process saying i was going to buy this and that once the refund had cleared in the hope he made sure i got a refund but still nothing.

I contacted him last night and told him i was not happy and really concerned about all this, he told me to wait until tomorrow so he could check his accounts. I had to contact him today and he said some lady is checking the accounts from another company and he will contact me and "not to worry". I went thro a company called moneybookers to pay for the goods, i phoned them tonight to see if anything can be done or can the tell me if any refund is pending or if a refund has ever been issued, they said nothing has ever been issued. i asked them about a charge back but was told they can only get involved if i didnt receive the goods and its up to the merchant to issue me with a refund.

Ive since contacted this website and ive had zero response, i told them i contacted moneybookers etc and no refund has ever been issued and i think ive spooked him! i also mentioned to him last night that my parents are considering legal action as this is going on to long and they feel like they are being given the run around, he responded with "I'm not goona do anything if you goona start talking nasty like that"!!

I have logged every email he has sent and taken pictures of my account on his website. Every email he responded to i got the feeling he was about to snap at me and that he did not want anything to do with me. He has been rude and buying time every time i contact him.

So, what options do i have? where do i go next with this? i feel so guilty buying from this website as my dad is out of pocket, its a lot of money which he cant afford to throw away.

I am totally clueless when it comes to legalities and such, i appreciate any help what so ever.

Thanks.
 

nheather

Distinguished Member
My gut feel is that if they are prepared to sell fake goods then I can't imagine them co-operating to return your money. I susepct that any appearance of co-operation on their part will just be a ploy to string you along.

You could try telling them that you will report the matter to Trading Standards if you aren't refunded but I doubt that would even work if they are that blazen.

How have you paid? If credit or debit card just take it up with the bank and get a chargeback - don't bother asking the seller or the broker if you can, just do it. I'd also report to trading standards and get a reference so you can supply that to the bank.

Cheers,

Nigel


UPDATE - just read you used a credit card. Just take it up with them. Don't bother with the seller it will just stress you out. Report to trading standards and get a reference that you can supply to the credit card company.
 
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maxwell

Distinguished Member
As nheather says immediately contact the CC company and trading standards.
While you are here how about naming and shaming them so no-one else gets stung
 

Tommy Teapot

Well-known Member
Do i need to contact trading standards if i go through the credit card company? how long do i have to file a dispute? i think tomorrow will be 30 days.

Thanks again guys
 

nheather

Distinguished Member
The credit card company doesn't just reverse transactions at a drop of a hat.

They will want to know what you have done, that you have contacted the seller to no avail. Keep all correspondance to provide to the bank. It will also strengthen your case if you have reported it to Trading Standards.

It's a bit like getting a police crime report for an insurance claim. You don't need one but it doesn't half oil the wheels.

Likewise, the credit card company may sit up and listen all the quicker if a complaint has been lodged with trading standards.

Cheers,

Nigel

Contact the CC company tomorrow at the latest, tonight if they are still open. They will send you a form to complete. Trading standards can be done later.
 

maxwell

Distinguished Member
I would contact the CC company straight away and forward them all the emails any any other info you have, tomorrow you can contact trading standards and then inform the CC company of the reference number to add to your complaint.
 

Tommy Teapot

Well-known Member
is this the right trading standards? Institute Contacts - Trading Standards Institute do i just phone them and explain my case?

i want to get as much information as i can tonight then contact the credit card company tomorrow as thats when my mum (card holder) and myself will be available.

Ive goggled the company and i found another case of them not wanting to refund, then the buyer contacted the credit card company and get a refund. heres the post UKDREAMSHOp not replying to emails

show i refer the credit card company that post?

Again, i really appreciate the help guys, its a huge relief that i can actually do something about this.

Thanks
 

maxwell

Distinguished Member
Your local trading standards will be associated with your local council, just google your town name and Trading standards, and yes you can point the cc company to that info as well
 

nheather

Distinguished Member
Hi,

What are these satellite boxes. Just had a look on the site expecting to see Sky boxes for sale but they are something I've never heard of.

DREAMBOX - ukdreamshop

It also declares in the description of each that they are clones.

Not sure of the legality of that - seems odd that someone would openly advertise that they are selling illegal fakes, so perhaps they are legal in some way.

The link you provided wasn't particularly damming because he is responding on it offering a resolution - albeit not the one that the customer wants - and the moderator (with a strangely familar avatar) does vouch for the seller.

Doesn't alter my advice with the CC compnay but you might want to consider whether the receivers are illegal fakes before proceeding with Trading Standards.

Cheers,

Nigel
 

Geege

Well-known Member
You are protected as a consumer in a number of ways, sale of goods act, distance selling regulations and of course section 75 credit consumer act. selling fakes is clearly a breach of contract for which the credit card company is also liable for. (purchases over £100 and under £30k). Contact the consumer helpline for consumer direct (now defunct) on the citizens advice website. Selling fakes is also a fraud of course.
 
Last edited:

nheather

Distinguished Member
Although the concept is quite bizarre to me, it does look like their are lots of Dreambox Clones for sale and they are legal.

It seems that it would only be an issue it you were sold a clone badged up as an original.

So it's highly possible that your receivers aren't fakes.


So back to the refund - 30 days have passed. When did you request the refund?

If after 7 days after delivery then you were beyond Distance Selling Regulations. It then boils down to if the receivers aren't fakes what is wrong with them. Do they have faults?

If faulty, then eth seller may be entitled to replace or repair. If not fauloty and you have changed your mind then the seller doesn't have to do anything.

Sorry for the apparent U-Turn but I originally assumed that they were fake products and that you had responded on receipt of them.

Cheers,

Nigel
 

Tommy Teapot

Well-known Member
I received the boxes around the 28th/29th of june. i emailed the company the next day looking a refund. i sent the goods immediately via parcelforce recorded delivery, they signed for the goods on the 3rd of july. i had to badger them for a few days for a refund and on the 7th of july my account status changed to refund, i also got an email confirming refund has been made.

With regards to the boxes being clones, the website says "there is a 10% re-stocking fee for any items that the buyer requires a refund for unwanted items or claims faulty and the is tested for the fault described an no fault found"

these were unwanted items due to them being clones. it was my fault i ordered them but i had no idea what a clone was until i was informed otherwise :( i hold my hands up to that.
 

Phil57

Well-known Member
I received the boxes around the 28th/29th of june. i emailed the company the next day looking a refund. i sent the goods immediately via parcelforce recorded delivery, they signed for the goods on the 3rd of july. i had to badger them for a few days for a refund and on the 7th of july my account status changed to refund, i also got an email confirming refund has been made.

With regards to the boxes being clones, the website says "there is a 10% re-stocking fee for any items that the buyer requires a refund for unwanted items or claims faulty and the is tested for the fault described an no fault found"

these were unwanted items due to them being clones. it was my fault i ordered them but i had no idea what a clone was until i was informed otherwise :( i hold my hands up to that.

Having sent the items back within the seven working days, you are entitled to a full refund, you do not have to tell the retailer as to why you are returning them, that said you can if you wish tell them whatever you like.
The retailer can not charge you a restocking fee.

As has been said before, contact your credit card company, let them do the leg work, they are equally liable.
 

Tommy Teapot

Well-known Member
Is there anything i should have on hand when i ring the CC company tomorrow? How should i go about preparing myself ie what details will the CC company be looking for that i can assist them with easily and make this issue go along quicker?

Again, I REALLY appreciate all the help you folk are offering, im glad i came in here for help.

thanks!
 

nheather

Distinguished Member
I received the boxes around the 28th/29th of june. i emailed the company the next day looking a refund. i sent the goods immediately via parcelforce recorded delivery, they signed for the goods on the 3rd of july. i had to badger them for a few days for a refund and on the 7th of july my account status changed to refund, i also got an email confirming refund has been made.

Okay, as you sent them back within 7 days of reciept then you are entitled to 100% refund under the Distance Selling Regulations. Under the regulations restocking fees are not permitted nor can they deduct their original postage.

The return postage most be bourne by the buyer if the item is not faulty.

Under DSR, the seller has 30 days to complete the refund.

So the CC chargeback advice is still valid. Not sure about Trading Standards though as it seems that the clone receivers may be legal.

Cheers,

Nigel
 

Tommy Teapot

Well-known Member
Okay, as you sent them back within 7 days of reciept then you are entitled to 100% refund under the Distance Selling Regulations. Under the regulations restocking fees are not permitted nor can they deduct their original postage.

The return postage most be bourne by the buyer if the item is not faulty.

Under DSR, the seller has 30 days to complete the refund.

So the CC chargeback advice is still valid. Not sure about Trading Standards though as it seems that the clone receivers may be legal.

Cheers,

Nigel

If they have 30 days to complete a refund does this mean i have to wait until then before i contact the CC company?

thanks
 

nheather

Distinguished Member
It's only a few days off I gather and it doesn't sound like he is going to co-operate. So you may as well get the ball rolling. The CC will send you out a form to complete which will take a few days to arrive and by the time it gets returned the 30 days will have passed.

If in the emantime he comes to his senses, you just let the CC company know it is all settled.

Cheers,

Nigel
 

Tommy Teapot

Well-known Member
It's only a few days off I gather and it doesn't sound like he is going to co-operate. So you may as well get the ball rolling. The CC will send you out a form to complete which will take a few days to arrive and by the time it gets returned the 30 days will have passed.

If in the emantime he comes to his senses, you just let the CC company know it is all settled.

Cheers,

Nigel

Ok, thanks for all the help nigel. its helped me greatly in this matter.

When i phone the CC company should i ask this to put a chargeback on a payment? also should i speak to a supervisor or somebody with authority?

thanks again.
 

Pack Dude

Active Member
I don't want to sound negative here but is this guy in the UK? The website is addressed to a UK address but that might not mean much. Did you return it to a UK address? If you bought it outside Europe I don't think you have many rights.

Registrant: David James Registrant type: UK Individual

Registrant's address:
UNIT 9a
POLITE WORKS
DAGENHAM EAST
Essex
RM10 8PS
United Kingdom

ukdreamshop.com is registered in the USA and is yourdomainhasexpired.

Its your moms credit card so I think they will want to talk to your mom, unless your authorized to use her card. I hope you did not open a moneybookers account then load it up with cash? If so the CC company might not want to know.

Looking around google I think they are based in the UK but you are not alone with the problems.
 

Tommy Teapot

Well-known Member
the return address i was given was:

GSL LTD / UKDREAM
UNIT 1 NEVENDON TRADING EST
HARVEY ROAD
BURNT MILLS
BASILDON
SS13 1DA

I just paid the required amount via moenybookers, i didnt load up the account with money per say.

Yes it was with my mothers CC, she will be available with me tomorrow to phone the CC company so we can both assist them.

Thanks
 

nheather

Distinguished Member
Its your moms credit card so I think they will want to talk to your mom, unless your authorized to use her card.

Correct.

Although deduct 1,000,000 credits for saying 'mom' (unless you are American of course).

Cheers,

Nigel
 

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