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  • FIRST POST
    • alithepole
    • By alithepole 13th Sep 17, 10:36 AM
    • 4Posts
    • 0Thanks
    alithepole
    Help me please - advice please about small claims
    • #1
    • 13th Sep 17, 10:36 AM
    Help me please - advice please about small claims 13th Sep 17 at 10:36 AM
    Hi
    I recently (1 1/2 weeks ago) went to small claims and asked for a company to refund me after supplying me with shoddy goods which had been specifically made for me. Having phoned the company I asked for a refund but was told that this was not possible. I raised an email to the company giving them 14 days to refund me. However after one week not having had a reply and also knowing that they told me that they would not refund me I raised a claim with the court.
    The company are very rude and very misoginsitic (their cooperate tag line contains the F word so you can imagine what they are like to deal with!) and therefore comunications from them can be rather unprofessional. However there is now an issue which has come to light which is troubling.
    The company told me that I had acted too early and not followed pre court protocol. They have now also offered to refund me on receipt of the goods which I have to return them - they refuse to collect them. Some of the items I ordered went missing in the post and they have also offered to refund these and are sending a cheque in the post. However the company are very very instistant that I cancel the court claim now which would be prior to receiving the money. They have also stated that I will be liable for their fees because I did not honour my email. If I discontinue the claim once they have paid I could be liable for their fees (which I suspect will be randomy generated) unless I allow the court to continue to the point of questionaire and allocation to the small claims track
    The deadline for their submission of defence is Friday. I have been told by the company that they have already submitted their defence yesterday even though they have told me they are refunding me.
    Should I return the goods to them for a refund?
    Shoud they refund me and then I return the goods?
    Should I allow the claim (under £500) to carry through until it is allocated to small claims even if they actually refund me?
    How do I protect myself from being liable for their fees if I cancel the court order?
Page 1
    • grayme-m
    • By grayme-m 13th Sep 17, 2:02 PM
    • 1,334 Posts
    • 799 Thanks
    grayme-m
    • #2
    • 13th Sep 17, 2:02 PM
    • #2
    • 13th Sep 17, 2:02 PM
    It seems you were quick to go to the SCC with this one, in which case that may not have helped as you seem a bit committed now (but IANAL).

    Ignoring how I don't know the facts, I wouldn't be cancelling claim until I got my money back. However, it is normal to expect to have to return goods for a refund, I've not looked up whether it is reasonable to expect them to pay for this.

    From my limited experience of the SCC, it is important to be seen as not being unreasonable (hence my point about potentially going too quickly), so consider how the court will see things like sitting on the goods while demanding a refund.
    Toyota - 'Always a better way', avoid buying Toyota.
    • KeithP
    • By KeithP 13th Sep 17, 5:51 PM
    • 3,612 Posts
    • 1,825 Thanks
    KeithP
    • #3
    • 13th Sep 17, 5:51 PM
    • #3
    • 13th Sep 17, 5:51 PM
    Hi
    I recently (1 1/2 weeks ago) went to small claims and asked for a company to refund me after supplying me with shoddy goods which had been specifically made for me. Having phoned the company I asked for a refund but was told that this was not possible. I raised an email to the company giving them 14 days to refund me. However after one week not having had a reply and also knowing that they told me that they would not refund me I raised a claim with the court.
    The company are very rude and very misoginsitic (their cooperate tag line contains the F word so you can imagine what they are like to deal with!) and therefore comunications from them can be rather unprofessional. However there is now an issue which has come to light which is troubling.
    The company told me that I had acted too early and not followed pre court protocol. They have now also offered to refund me on receipt of the goods which I have to return them - they refuse to collect them. Some of the items I ordered went missing in the post and they have also offered to refund these and are sending a cheque in the post. However the company are very very instistant that I cancel the court claim now which would be prior to receiving the money. They have also stated that I will be liable for their fees because I did not honour my email. If I discontinue the claim once they have paid I could be liable for their fees (which I suspect will be randomy generated) unless I allow the court to continue to the point of questionaire and allocation to the small claims track
    The deadline for their submission of defence is Friday. I have been told by the company that they have already submitted their defence yesterday even though they have told me they are refunding me.
    Should I return the goods to them for a refund?
    Shoud they refund me and then I return the goods?
    Should I allow the claim (under £500) to carry through until it is allocated to small claims even if they actually refund me?
    How do I protect myself from being liable for their fees if I cancel the court order?
    Originally posted by alithepole
    SO you gave them 14 days to refund you but after one week you started court action?

    Your unreasonable behaviour could well see you in a lot of trouble.
    .
    • GrumpyDil
    • By GrumpyDil 13th Sep 17, 8:15 PM
    • 71 Posts
    • 47 Thanks
    GrumpyDil
    • #4
    • 13th Sep 17, 8:15 PM
    • #4
    • 13th Sep 17, 8:15 PM
    Yup. As you acted too quickly the court will not be very sympathetic and I suspect even if you won the claim, which without the facts is impossible for anyone to judge, would be very unlikely to let you add the court fees onto the claim. They might well allow a deduction for starting the claim too soon.

    I'd contact the court to see if you can put a stay on the claim whilst you try and work towards a satisfactory solution with the company first. I don't know if you can put a stay on at this stage but worthwhile asking as better than cancelling the claim and potentially having to start again if you don't get to a satisfactory solution.

    As regards returning goods perfectly reasonable and the position about the costs of return depends upon the exact circumstances and the basis for the return.
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