As a paying Customer, I have been banned again for asking pertinent questions:
Now its going to be:
Distance Selling Regulations, Small Claims Court, High Court, High Court Sheriff.
It's my intended route as well. Do you want company on your journey?
What are the experiences of other people? Paypal apparently refuses to refund, so should I try the CC chargeback right away? Or small claims court? I always wanted to know how that works! Yuipee!
Also, retro72 posted a summary of what went wrong and some links to legal advice/bits, but I can't find the link right now. Can anyone post the link to it? This thread is getting a bit unwieldy!
Have stored this yo, its from retro.
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Below is a great site about one guys experience using Money Claim Online. (
https://www.moneyclaim.gov.uk/web/mcol/welcome)
http://www.howtotakesomeonetocourt.info/joomla/If your claim is under £10,000 it can be heard in absentia. Although you must state this is how you wish to proceed in your claim. Once the claim is made, Alpha will be notified within 2 working days and will have 14 days to respond. If they do not dispute the case, or respond you will be awarded a judgement by default and Alpha will be ordered to pay you in full.
If Alpha choose to dispute the claim they will also be saddled with court costs WHEN they lose. These will be substantial on multiple claims. I would suggest you coordinate your claims so Alpha are bombarded with many claims at once.
Your case, if you are a consumer should be based on the UK Distance Selling Regulations but you should also build a case for breach of contract if Alpha do not deliver by the 31st July (10 weeks after final payment was asked for) and because they have not notified their customers of the exact shipping date, as stated in their contract. Also you could also make a case for them not supplying "frequent" updates with videos/images, as this was also in their contract.
If you are a business you are not covered by the DSR so your case will have to be built around breach of contract.
I would suggest all claimants communicate and coordinate via PM as Fiaz monitors this site.
Or you could just sidestep the courts and unleash the debt collectors on to them. Cost: 15% of recovered funds. No win no fee.
http://www.debt-collection-service.co.uk/#I don't know how effective these guys are but they might be worth a try
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I should probably add for those who are not in the UK and are considering using Money claim online you will need a service address. This is an address in the UK where mail is sent, then forwarded on to you. Here is one such company, I have never used them so check them out yourselves but they do forward mail internationally and accept personal as well as business customers.
http://www.cityaddress.co.uk/index.html----