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Thread: I need advice on where I stand legally and where I go from here?

  
  1. #1
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    jam's Avatar
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    Angry I need advice on where I stand legally and where I go from here?

    Right trying to cut a very long story short.

    On the 16th of December my fiancée placed an order with a website for Christmas gifts for the family. I had an e-mail confirmation arrive of the order, which also confirmed that each item was in stock, with your website banner assuring us that all orders placed before 18th December will be delivered before Christmas I was confident that this would be hassle free and easy transaction.

    Thursday 20th of December arrived and we began to become nervous of where the delivery was! Logged on to track the items to be told that I would have an e-mail with a tracking number on it. Which I have never been sent. Tried to phone but after 40 mins my battery died. I phoned the misses who carried on trying to contact them but gave up after 15 minutes.

    Friday 21st Rang customer services again but after 20 mins got fed up and phoned the sales department who told me they could do nothing but sent an e-mail on my behalf asking someone to phone me.
    Friday night we received an e-mail informing us that an item wasn't available but the remaining items will be shipped.
    Money comes out of the account.

    23rd Decemeber received an e-mail confirming one item was actually not instock now but the other items were shipped.

    Christmas eve - Came in and opened the office and sat waiting just incase. It never arrived so I spent from 9:00am till 5:00pm waiting in a cold office on my own. At 5:00pm I had to go shopping precisely why I ordered online so I could avoid it.

    Christmas day came and we had to make apologies to members of our family because their presents are in someone's warehouse somewhere.

    27th, 28th December, once again officially closed I reopened the cold office and sat from 9-5 waiting for the delivery.

    8th January - No contact with the shop so far. Manage to get through to the customer services person, who said the delivery had obviously gone missing and she would reship the goods. (3-5 days delivery).
    E-mail 1 to complain with regards to customer service or lack of.

    11th January - No answer to e-mail. Rang customer service who inform me that I or my financee have cancelled the order. No we haven't. She then tells me a refund has been requested - no it hasn't. So she reinstates the order and checks stock. 3-5 days delivery.
    E-mail number 2 sent

    18th January - No reply to e-mail 1 or 2. Phone customer service again. Customer service representative embarrassed and now tells me I should have a P90 returns form... Nope. Whats that? A form to state I haven't recieved the delivery so they can refund me. What refund I want the products! So embarrassed he organises the goods to be sent to me next day shipment (Tuesday)
    E-mail number 3 sent.

    Today Tuesday 22nd January - No reply to e-mail 1,2 or 3. Phone customer service who tell me they cannot release the goods without the P90 form being filled in. Told him I've never recieved one and I will fill in any form to get the goods. Now are going to send it out to me next day (Thursday) after I had to press for another next day.
    E-mail number 4 sent.

    Help I want to take this further now I'm sooooo pissed off. The order value is like a piddly £40 but I don't care I need them christmas presents. They are for people who are a pain to buy for the these presents are perfect.

    Advice please anyone?
    Its a jam thing

    Haec credam a deo pio, a deo justo, a deo scito?



  2. #2
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    go to trading standards and even worse watchdog

    also id ask for the highest person in the company even the managing director if you have to and send them a letter to tell them you aint happy.

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    Whats the company?

  4. #4
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    Have you got a postal address for them? often an email is mysteriously lost or misplaced, or worse still seen and ignored. If you send them a letter via recorded delivery stating more or less what you have said above (I'll elaborate on what to leave out below) then you have more of a legal standing due to a more secure paper trail.. I assume you have kept all copies of emails etc?

    you are more than entitled to get Trading Standards involved, and TBH even if the goods turn up tomorrow you ought to do it, if only to ensure it doesn't happen to anyone else. You really ought to push for compensation from them as well, threaten legal action if you have to. Tell them you had to take time off work to wait for the deliveries (hence not telling them you opened the office especially) including having to cancel overtime on Xmas eve at double time or something. If they get snotty about it, then offer to compromise by saying you'll accept 50% of loss of earnings provided the items arrive within the next 48hrs.

    don't let them mess you about any more mate, a lot of places will give you the runaround for as long as they can if they think you will give up on it. The longer it goes on the more often you want to be bugging the sh** out of them with phone calls every 5 minutes.
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    Sounds like a pretty dire organisation.

    If you did not make it clear that 'time is of the essence' when you ordered the goods - ie. you said it is essential to the contract that the goods are delivered by Xmas, then there's not a lot you can do.

    They are trying to deal with your complaint (although not very well) and the goods have/are shortly to arrive, so they have complied with their obligations under the contract.

    Have to chalk this one down to experience and simply not use them again.
    It is only when the last tree is felled, the last animal killed and the last fish hauled from the sea that we will realise we can't eat money.

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    Quote Originally Posted by clanless View Post
    Sounds like a pretty dire organisation.

    If you did not make it clear that 'time is of the essence' when you ordered the goods - ie. you said it is essential to the contract that the goods are delivered by Xmas, then there's not a lot you can do.

    They are trying to deal with your complaint (although not very well) and the goods have/are shortly to arrive, so they have complied with their obligations under the contract.

    Have to chalk this one down to experience and simply not use them again.
    Therres good service and then there's taking the pi55. The company have provided you with abysmal service and totally failed to deliver, comprimising both your Christmasses.

    Sounds like these muppets couldnt even run a bath. Part of the problem with this country is that people dont complain enough - and IMO you have every right to involve whoever you feel is appropriate.

    Agree 100% with Pete, and as said, I'd make their lives a misery by phoning every 5 mins and show that you just wont go away.
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    Might sound a bit brutal but...

    They've taken your money, Jam. And given you jack in return. Sounds like fraud to me. It's amazing how quickly the wheels of commerce can turn when threatened with criminal charges
    Actively proving that post counts mean jack sh*t since 1971

  8. #8
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    Right then. The goods arrived today but thats not going to stop me from writing a stinking letter to the directors until I get a reply with some bloody answers.
    Its a jam thing

    Haec credam a deo pio, a deo justo, a deo scito?



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    Quote Originally Posted by f4af100uk View Post
    go to trading standards and even worse watchdog

    .

    trading standards is always good to mention, they dont like that words.

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    Quote Originally Posted by jam View Post
    Right then. The goods arrived today but thats not going to stop me from writing a stinking letter to the directors until I get a reply with some bloody answers.
    I told you to go to the ann summers shop in telford and not to order the "arse rabbit "online!!!!!!!! They would understand your needs no need to be shy

    BMC

    just trying to cheer you up
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