I paid £170 for a pair of trainers from BestFreshDealsNow.com. They looked fake on arrival and after a thorough checking they failed some obvious tests so I sent them back to the UK-based returns address on 22 May.
On 23 June I received an refund notification email from Worldpay saying I’ve been refunded in full.
This refund never materialised so I contacted BestFreshDeals over the phone and it confirmed via email that they have an open lawsuit with Worldpay and cannot refund me until that’s resolved.
I’ve spoken with it three times since then, each time they’ve just pushed their lawsuit resolution date out. What can I do? P.R, via email.
Fake or the real make? BestFreshDeals sold what a customer thought was fake Nike trainers. Pictured: The real Nike ZoomX Vaporfly Next running shoes
Grace Gausden, consumer expert at This is Money, replies: It seems that – from what you have told me in our email exchanges – you are somewhat of a trainer expert.
Therefore, when you saw a pair of Nike shoes you have wanted for a long time being sold for £170 on BestFreshDealsNow, when they usually retail for £240, you decided it was an offer worth taking up.
However, you have since admitted you were being ‘optimistic’ that the shoes would be genuine.
There is not much information on the website about its practices but seemingly sells a variety of branded items including clothing, footwear and electronics, at massively slashed prices.
The Nike ZoomX Vaporfly Next running shoes (quite the mouthful) are an expensive but popular pair of trainers that the sportswear giant claims has been worn by many professional athletes.
After your pair were delivered, you were convinced the shoes were fakes after doing research to find common signs of counterfeit Nike trainers.
Some signs included the four to five week delivery timeframe which you say meant they were likely coming from a country where a large amount of Nike counterfeits are made.
The trainer is also embedded with a carbon plate which makes it difficult to bend which you said wasn’t the case for the ones you received.
Another of the key features of the trainers is their very light weight, with one shoe weighing around 185 grams, however, the ones you received were about 60 grams heavier.
Nike also stitch and glue the insole inside the shoe making it pretty difficult to get out. Most fakes come with a loose insole which you said was the case with the one you received.
You clearly took strides to do your homework here – a sensible idea when shelling out hundreds of pounds for a pair of shoes. But, it does also highlight the perils of buying online, especially from an unknown retailer.
If an item is fake, you have the legal right to a refund and you can also report the seller to Trading Standards or report the seller for fraud.
Trading Standards might take legal action against the seller, but they can’t help you to get your money back.
However, it should be made clear, BestFreshDealsNow have not said the shoes were fake.
The trainers our reader wanted sell for £240 usually in Nike stores and are often sold out
That aside, you still wanted your money back regardless. You were concerned about not receiving a refund if you complained they were fake so you returned them on the basis they didn’t fit.
However, after receiving a message from BeshFreshDealsNow confirming your order had been refunded along with an email from WorldPay saying the same, you received no money back into your account.
After multiple attempts to contact the firm, you spoke to someone on the phone and then received an email saying: ‘We have currently opened a lawsuit against WorldPay, until this matter is resolved, we can not refund you at this present time.
‘We will update you every few weeks, so you know where we are at with this case being resolved.’
You were not updated, however, and were left in the lurch, without your money.
I took steps to contact both BestFreshDealsNow and Worldpay in an effort to understand what lawsuit it was referring to and why this would mean your refund – and presumably many others – was put on hold.
A spokesperson for Worldpay said: ‘As a matter of policy, we cannot comment on the specifics of pending litigation. As a payments processor, we do not have direct relationships with consumers or cardholders.’
GRACE ON THE CASE
Welcome to our new weekly column, where This is Money consumer expert Grace Gausden tackles reader problems and shines the light on companies doing both good and bad.
Want her to investigate a problem, or do you want to praise a firm for going that extra mile? Get in touch:
It added customers could contact consumer groups if they wished to get advice on what to do next.
Meanwhile, BestFreshDeals responded saying that due to data protection, it would not be discussing this issue with me.
However, it added it had an issue with Worldpay which is currently in the Bromley County Court waiting for trial in relation to some customers not being refunded.
It said Worldpay suspended its ability to issue refunds on the 2 June 2020, therefore it told customers that are due a refund they could either wait for the verdict of the court or they can claim a chargeback via their bank if they can provide evidence of the item being returned by providing a tracking number.
The spokesperson said it has less than 10 customers that are due a refund.
However, after I spoke to them, it got in touch with you to say that the solution of a chargeback is past its 120 day limit and you will have to wait until the court case is resolved.
A quick look at its Trustpilot page shows it currently has an average of around two out of five stars with many reviewers claiming to have similar problems to you – or some people say their order never turned up at all.
Now, unfortunately, you must wait, for the lawsuit to be over. It’s currently looking like a marathon rather than a sprint.
If a deal looks too good to be true, remember, it probably is. I will be keeping an eye out for the result of the court case.
Eon continued to charge & keep open the account of an 84 year old woman after she switched
Hit and miss: This week’s naughty and nice list
Each week, I look at some of the companies that have fallen short of expected standards as well as those that have gone that extra mile for customers.
Miss: This week, we hear from Steve Brown, whose 84 year-old mother has been having consistent billing issues with her old energy supplier.
After switching from Eon to Bulb after a failed tariff change, Steve found the Big Six provider was still charging his mother £28.92 a month for her electric.
She cancelled the direct debit to stop the payments but then found her account was still open and showed she was £400 in credit to Eon.
The company proved next to impossible to contact so Steve got in touch with me in a last ditch attempt to regain the funds.
I contacted Eon who then told Steve there had been several errors made. Whilst his mother wasn’t actually in credit, and was £56 in arrears, this had not been communicated.
As a gesture of goodwill, the arrears were wiped and the account closed.
An Eon spokesperson said: ‘We supplied Mrs Brown’s electricity from June 2019 until July 2020 but due to a system issue we did not generate a bill during this time.
‘In error, we continued to take monthly payments from Mrs Brown and the account with Eon was left open after July 2020.
‘We’ve recently spoken to Mrs Brown’s son to explain the situation and apologise. The account has now been closed and the payments settled.’
Hit: Mike Bennett contacted us to praise holiday firm, Distant Journeys.
Mike has been on three previous holidays with the company and was booked for a tour of Japan in March 2021 with a sizeable balance due to be paid in December 2020.
After realising he needed to pay this, he was very pleased to receive a phone call from Distant Journeys last week to advise it was highly likely the holiday would be cancelled nearer the departure date and so he did not need to pay the balance and would have his deposit refunded once it was cancelled.
If, however, the holiday was to go ahead, he could pay the balance once it was confirmed.
Mike said: ‘With all other companies insisting on having as much of your money as possible and for as long as possible it makes a very pleasant change to deal with a company that actually knows what good customer service is and practices it.’
Well done to this small independent travel agent based in Ormskirk, West Lancashire.
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