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Consumer Rights: MoneySavingExpert.com discussion

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  • swt61
    swt61 Posts: 162 Forumite
    Art wrote: »
    When you got the court judgment was it against the person or his company?

    If it was against the individual, you say you know where he lives so go back to court and ask them to send bailiffs to the address to possess goods to the value of your claim.

    Regards,
    Art.

    Hi Art,

    I have filed a court claim which he has just defended I filed it at his home address and him personally as they kept changing there company name, I was always told by all his employees that Paul was the boss so i filed a claim against him.

    He has defended it by saying that he was only a casual employee and that the company (STB Sales) ceased trading just befoe xmas. On the companies house website they did file an application for striking off on the 18/07/2007 we purchased our shed on the 26/07/2007 and it was delivered on the 06/08/2007 Te receipt sows STB Ltd but tere is n cmpany reg number and no vat breakdown. All Emails from the time of order anfd all the tel conversations we have had have been redirected t te paul Higgs the bss s hw can he think he can get away with it ,

    Thans,

    Simn
  • Art_2
    Art_2 Posts: 1,602 Forumite
    swt61 wrote: »
    Hi Art,

    I have filed a court claim which he has just defended I filed it at his home address and him personally as they kept changing there company name, I was always told by all his employees that Paul was the boss so i filed a claim against him.

    He has defended it by saying that he was only a casual employee and that the company (STB Sales) ceased trading just befoe xmas. On the companies house website they did file an application for striking off on the 18/07/2007 we purchased our shed on the 26/07/2007 and it was delivered on the 06/08/2007 Te receipt sows STB Ltd but tere is n cmpany reg number and no vat breakdown. All Emails from the time of order anfd all the tel conversations we have had have been redirected t te paul Higgs the bss s hw can he think he can get away with it ,

    Thans,

    Simn

    If you have started court action see it through and see what the court says about his involvement. Even if you get judgment will he have assets to pay you?

    How did you pay for the shed?

    Regards,
    Art.
  • swt61
    swt61 Posts: 162 Forumite
    Art wrote: »
    If you have started court action see it through and see what the court says about his involvement. Even if you get judgment will he have assets to pay you?

    How did you pay for the shed?

    Regards,
    Art.

    Art I paid £815 cash! I have now a form to complete for it to go to court in Stafford (its a long way for nme to travel) I am hoping that someone who knows about the law and these type of cases know where I stand and the likelyhood of getting my money.

    Are there any Judges on here:rotfl:

    regards,

    simon
  • Art_2
    Art_2 Posts: 1,602 Forumite
    swt61 wrote: »
    Art I paid £815 cash! I have now a form to complete for it to go to court in Stafford (its a long way for nme to travel) I am hoping that someone who knows about the law and these type of cases know where I stand and the likelyhood of getting my money.

    Are there any Judges on here:rotfl:

    regards,

    simon

    Is Stafford your nearest County Court? You have the right to select which court you use.

    It's difficult to know what the outcome will be. You've invested a lot of money in the shed so it's worth a little more in court costs to see it through. The only thing you have to consider as I said earlier, if you win can he pay you?

    It's also worth speaking to your local Trading Standards to see if they have had other reports about this chap.

    Regards,
    Art.
  • swt61
    swt61 Posts: 162 Forumite
    Art wrote: »
    Is Stafford your nearest County Court? You have the right to select which court you use.

    It's difficult to know what the outcome will be. You've invested a lot of money in the shed so it's worth a little more in court costs to see it through. The only thing you have to consider as I said earlier, if you win can he pay you?

    It's also worth speaking to your local Trading Standards to see if they have had other reports about this chap.

    Regards,
    Art.

    Staford is his nearest county court its about 150 miles for me,

    Trading stndards dwn here are a waste f time they never phne back when they say they will.

    The company is still trading making sheds under there new name,

    simon
  • Jangla
    Jangla Posts: 11 Forumite
    Art wrote: »
    When did you buy the original phone?

    Regards,
    Art.
    The phone was bought from Vodafone at the start of February.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    Jangla wrote: »
    The phone was bought from Vodafone at the start of February.

    In that case write a letter, recorded delivery, to the store you purchased the phone from. tell them the phone is not of merchantable quality and you want a replacement phone or your money back. Tell them that if they don't deal with the complaint satisfactorily within 10 days you will take them to the Small Claims Court.

    Regards,
    Art.
  • xlr8r
    xlr8r Posts: 3 Newbie
    hi experts.

    i'll make this a brief as possible as it could easily get "long winded".

    9 months ago i bought several in-car entertainment devices from Dynamic Sounds LTD, 308 Walworth Road, London. One of which was a £300 car amplifier. it worked well until the other day when, overnight it drained my car battery and filled the car with a burning smell. (glad car didnt go on fire!). Anyway, i removed the amp and contacted Dynamic Sounds. They said to post it over and they would sort it. I rang them 3 days later to make sure they received it and what happens next, i was told that they would send the amp for tests to the manufacturer, and to ring again after 2 weeks ??? "why, its already faulty", i said. Bob (the guy on the phone) said that , and i quote,
    "Thank you for your message. You have had the amp for over 9 months. I have received the amp back with a burning smell. This smell is generally down to wiring / install fault. But as we haven't seen the install or installed the goods ourselves I will reserve judgement till I hear from Directed. Directed will receive the amplifier tomorrow and they can be contacted on 0800 929 949."
    This reply really got my back up, as he basically assumed the amp went faulty due to a "wiring/install fault" ?? I had paid top dollar to get the amp installed professionally and i know this fault has absolutely nothing to do with the install. I explained this to Bob , i even emailed a photo of the car install wiring as proof, I asked for a replacement amp or a refund within 7 days and now he is basically "palming me off" by telling me to contact Directed (the manufacturer) on the matter. (why should I??)

    Basically i want to know where i stand here legally, as far as im concerened, i bought a product from a retailer that went faulty and they are saying that its basically my fault. I am having none of it :mad: , please advise me.
    thanks

    xlr8r
  • Art_2
    Art_2 Posts: 1,602 Forumite
    xlr8r wrote: »
    hi experts.

    i'll make this a brief as possible as it could easily get "long winded".


    Basically i want to know where i stand here legally, as far as im concerened, i bought a product from a retailer that went faulty and they are saying that its basically my fault. I am having none of it :mad: , please advise me.
    thanks

    xlr8r

    Your contract is with the retailer not the manufacturer. The retailer should chase the manufacturer for you.

    However, if the retailer has a suspicion that the fault is with your wiring and not the amp he has a right to investigate this. You may have to obtain a technical report on your wiring if this is blamed.

    Regards,
    Art.
  • Art wrote: »
    Your contract is with the retailer not the manufacturer. The retailer should chase the manufacturer for you.

    However, if the retailer has a suspicion that the fault is with your wiring and not the amp he has a right to investigate this. You may have to obtain a technical report on your wiring if this is blamed.

    Regards,
    Art.


    thanks for info Art
    ive been trying to reach the manufacturer's repair center all morning but keep getting voicemail. left a message for them to ring me. hope to get some info from them directly.
    again thanks

    xlr8r
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