Struggling to get refund

cazwhatever · 07-12-2019 12:21pm #1

Hi all, hoping someone might be able to give me some guidance on how to proceed here...

My Mam bought a bed from a crowd online (on Facebook& organised through messenger). Obviously a big mistake because this is a crowd that have terrible reviews online (items “coming in separate shipment” that never arrived etc.)

The bed that came doesn’t look like the one she ordered- headboard is much smaller than pic etc. She paid the courier cash so no invoice.

I looked online on citizen’s information & found info on “14 day cooling-off period” for online purchases. I contacted them through messenger with all of those details (EU directive on consumer rights & all that). This crowd are claiming that because they are a liquidation place that they don’t have to honour this.

We have screenshots of conversations & we have been speaking to them on the phone & they just keep saying that they don’t have to honour it.

All my Mam wants is to return the bed & get her money back.

Should we cut our loses & just sell the bed on? Or is there another avenue I can take?

Would love to hear any advice

punisher5112 · 07-12-2019 12:24pm

Small claims may work.

Cee-Jay-Cee · 07-12-2019 12:27pm

You could try small claims court but I personally would chalk it down to experience and move on. You’ve no invoice or receipt presumably which isn’t a very good start. Your mum fell for the flashy pictures in the hope if getting a cheap bargain and was burned. Learn from the mistake and fitter about it would be my advice.

Time · 07-12-2019 9:37pm

If you have screenshots of them saying they don't have to honour it then thats an open and shut SCC case.

silver2020 · 08-12-2019 6:31pm

Time wrote: »

If you have screenshots of them saying they don't have to honour it then thats an open and shut SCC case.

Scam artists rarely reply to SCC.

Only option is credit/debit card chargeback or paypal dispute assuming payment was made that way.

Both will be far easier than SCC

ytpe2r5bxkn0c1 · 08-12-2019 7:03pm

silver2020 wrote: »

Scam artists rarely reply to SCC.

Only option is credit/debit card chargeback or paypal dispute assuming payment was made that way.

Both will be far easier than SCC

Nothing's easier than SCC if they don't respond to SCC as it's a straight win for you.

Odyssey 2005 · 08-12-2019 7:08pm

silver2020 wrote: »

Scam artists rarely reply to SCC.

Only option is credit/debit card chargeback or paypal dispute assuming payment was made that way.

Both will be far easier than SCC

mistress_gi · 08-12-2019 8:32pm

Kassidy Mammoth Graphology wrote: »

Nothing's easier than SCC if they don't respond to SCC as it's a straight win for you.

Won a SCC case a few years ago. Never saw a cent. Only the satisfaction of doing the right thing.
At a minimum leave them a terrible review only. Post it anywhere that will take it.
Name and shame will, at least, deter other people of buying from them.

893bet · 08-12-2019 8:36pm

mistress_gi wrote: »

Won a SCC case a few years ago. Never saw a cent. Only the satisfaction of doing the right thing.
At a minimum leave them a terrible review only. Post it anywhere that will take it.
Name and shame will, at least, deter other people of buying from them.

Does a sheriff not collect?

Atlantic Dawn · 08-12-2019 8:38pm

Are they a legit business, have you looked on solocheck.ie to see if there's a trading company registered to that name? This is a case where cash it not king, if it was a debit/credit card transaction you could do a chargeback. Perhaps a bad review on Facebook might yield somthing.

silver2020 · 08-12-2019 8:45pm

Kassidy Mammoth Graphology wrote: »

Nothing's easier than SCC if they don't respond to SCC as it's a straight win for you.

and how do you get money back from a crowd on facebook?

Far easier in this case doing a chargeback - its in your account in a couple of weeks and no €25 fee

killbillvol2 · 08-12-2019 8:49pm

silver2020 wrote: »

and how do you get money back from a crowd on facebook?

Far easier in this case doing a chargeback - its in your account in a couple of weeks and no €25 fee

Try reading the OP. How do you do a chargeback when you pay in cash?

Reati · 08-12-2019 8:52pm

mistress_gi wrote: »

Won a SCC case a few years ago. Never saw a cent. Only the satisfaction of doing the right thing.
At a minimum leave them a terrible review only. Post it anywhere that will take it.
Name and shame will, at least, deter other people of buying from them.

Same. The person ignored the ssc order then moved addresses, couldn't find them again so was left out of pocket but morally right... So I guess that's something.

1984baby · 08-12-2019 8:55pm

....and this is why shopping in-store in a local business is much better.

Sleeper12 · 08-12-2019 9:07pm

Kassidy Mammoth Graphology wrote:

Nothing's easier than SCC if they don't respond to SCC as it's a straight win for you.

SCC is brilliant if you are dealing with a reputable company. Not so good with fly by night companies.

It's possible this business changes business names several times a year. The registered business address could be a bedsit somewhere.

Only way to find out is to make claim & see.

Charge back or PayPal dispute is handiest option unless paid in cash

cazwhatever · 08-12-2019 9:07pm

OP here,

Thanks for all of your messages. Mam paid cash to courier so can't retreive money through paypal/chargeback on card which is a pity.

Looked up the company on solocheck as advised here -
Name removed Limited was set up on Friday the 31st of January 2014. Their current partial address is Co Wicklow, and the company status is Normal. The company's current director has been the director of 6 other Irish companies; 2 of which are now closed. Name removedLimited has 3 shareholders

Mam has definitely learned a lesson here. She is relatively new to facebook/using her tablet and is of the age where you just trust everyone's word. She will be sticking to shopping locally from now on!

When I looked up reviews on the company they were largely negative so people have been posting bad reviews on facebook etc. but not getting any good out of them.

I will print out some info about small claims court for her & see how she wants to proceed.

Thanks again for all of your help, I really appreciate it!

mistress_gi · 08-12-2019 11:30pm

893bet wrote: »

Does a sheriff not collect?

It was a small court and the guy/business was well known to them as he already had a series of convictions.
They told me I could spend to get the sheriff involved but I wouldn't get very far has he had a long list of creditors and kept nothing in his name

Time · 09-12-2019 12:31am

cazwhatever wrote: »

OP here,

Thanks for all of your messages. Mam paid cash to courier so can't retreive money through paypal/chargeback on card which is a pity.

Looked up the company on solocheck as advised here -
Name removed Limited was set up on Friday the 31st of January 2014. Their current partial address is Co Wicklow, and the company status is Normal. The company's current director has been the director of 6 other Irish companies; 2 of which are now closed. Name removedLimited has 3 shareholders

Mam has definitely learned a lesson here. She is relatively new to facebook/using her tablet and is of the age where you just trust everyone's word. She will be sticking to shopping locally from now on!

When I looked up reviews on the company they were largely negative so people have been posting bad reviews on facebook etc. but not getting any good out of them.

I will print out some info about small claims court for her & see how she wants to proceed.

Thanks again for all of your help, I really appreciate it!

I have access through work to the full CRO details. Feel free to message me if you want and i'll gladly send you over the full details free of charge.

L1011 · 09-12-2019 12:41am

Many county libraries websites have free access to either Solocheck or Vision-Net which are really useful in these kinds of cases. Just need a library card.

ytpe2r5bxkn0c1 · 09-12-2019 9:40am

mistress_gi wrote: »

It was a small court and the guy/business was well known to them as he already had a series of convictions.
They told me I could spend to get the sheriff involved but I wouldn't get very far has he had a long list of creditors and kept nothing in his name

Fine, but that's not a typical outcome and no reason for the OP not going to SCC.

Xterminator · 09-12-2019 1:49pm

Kassidy Mammoth Graphology wrote: »

Fine, but that's not a typical outcome and no reason for the OP not going to SCC.

I afraid it is all to common for disreputable businesses.

OP runs the risk of getting a judgement but no money back and will be out 25 euro more. OP can weigh up if the moral victory is worth it - but if money is tight, it may not be.

leave feedback on social media and move on.

Sleeper12 · 09-12-2019 2:08pm

Xterminator wrote:

OP runs the risk of getting a judgement but no money back and will be out 25 euro more. OP can weigh up if the moral victory is worth it - but if money is tight, it may not be.

Totally agree. The SCC actually says that very thing on their website.

The vast majority of SCC cases are brought against reputable businesses and when you win, you win. A small minority of dodgy businesses that you will never get pa from. I have no idea what type of business op is having difficulty with. SCC might be successful

Struggling to get refund

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