Tips and advice when dealing with merchants

Dealing with the initial problem.

  • Always keep a record of all contact and correspondence. Write down the times and content of all telephone conversations.
  • Always take down the name of the person you speak to.
  • Always try to get a reference number if possible.
  • Don't speak to monkeys, speak to the organ grinder. Ask to speak to a supervisor or manager.

    When things are getting bad

  • Make it clear at this point that you will be charging for your time and administration. Set an hourly rate for your time spent on the matter and say £15 admin for each letter you send them (just like the bank). Tell the merchant that you will be invoicing them from this point onward. The fact that it will work out cheaper for them to pay now often works.
  • Tell the merchant you have contacted NetTrading Standards, Watchdog or anyone else that deals with such matters.
  • Put everything in writing, get witnesses and send recorded delivery to the merchant.
  • Record telephone conversations. A telephone adaptor kit can be purchased for a few pounds that allows you to record telephone conversations on a standard tape recorder. Although such recordings cannot be used as evidence should legal proceedings occur, they are great tools when merchants deny previous conversations and you are able to play it back to them.

    When none of the above have worked

  • Have a solicitor send a letter to the merchant informing them that legal proceedings are being taken. This should only cost you about £15 and may just scare them enough.
  • Contact your local magistrates court and ask for a "Small Claims Form". They should also send you pamphlets explaining how to issue a small claim. The initial cost of issuing a summons is about £70 for upto £1000 claim. This fee is added to amount claimed from the merchant. If you have a good case and can proove the merchant owes you goods or money then this is a good course. Even if they do not pay up after the summons, the cost to actually go to court and put your case to the magistrate is only another £50 and you can reclaim all these costs.