Consumer Rights: MoneySavingExpert.com discussion

Matty007

Just got back from Small Claims Court.

I had claimed out of pocket expenses such as Laundery costs and petrol £200'sh.

But also inconvenience of £15.00 a day.

However the Judge said that as it was a 'breach of contract' issue that I am unable to claim for any inconvenience costs, shame.

The B&Q representative didnt really say anything and agreed to the costs and that was it really, I think she was there to try and negotiate a reduced inconvenience award, soemthing that the judge did for her early on.

So at least I got £220.00 from them, but a slight anti climax not getting the inconveneince, because obviously the award only covers the money that I had already been incurred, so no meal out for the missus !!!

But enjoyed the experience.

Art_2

Matty007 wrote: »

Just got back from Small Claims Court.

I had claimed out of pocket expenses such as Laundery costs and petrol £200'sh.

But also inconvenience of £15.00 a day.

However the Judge said that as it was a 'breach of contract' issue that I am unable to claim for any inconvenience costs, shame.

The B&Q representative didnt really say anything and agreed to the costs and that was it really, I think she was there to try and negotiate a reduced inconvenience award, soemthing that the judge did for her early on.

So at least I got £220.00 from them, but a slight anti climax not getting the inconveneince, because obviously the award only covers the money that I had already been incurred, so no meal out for the missus !!!

But enjoyed the experience.

Hi Matty,
'Breach of contract' uh!! Well at least you got a victory and B & Q didn't win. Congratulations. Make sure you get the money from them though.

Regards,
Art.

Matty007

Art wrote: »

Hi Matty,
'Breach of contract' uh!! Well at least you got a victory and B & Q didn't win. Congratulations. Make sure you get the money from them though.

Regards,
Art.

What do you think of 'breach of contract', I just wondered whether she thought I was being cheeky asking for £15 a day @ 42 days and thought well if I wrap it up as 'breach of contract' he cant get any extra's.

Bit of a shame as £15 a day was really a reasonable assessment of how it adversely effected us whilst B&Q ignored me.

I definately think that the B&Q lady was just going to try and negotiate a lower figure on the inconvenience, so she got an early result when the Judge said that I couldnt claim for it.

But I look forward to the next visit !!

Art_2

Matty007 wrote: »

What do you think of 'breach of contract', I just wondered whether she thought I was being cheeky asking for £15 a day @ 42 days and thought well if I wrap it up as 'breach of contract' he cant get any extra's.

Bit of a shame as £15 a day was really a reasonable assessment of how it adversely effected us whilst B&Q ignored me.

I definately think that the B&Q lady was just going to try and negotiate a lower figure on the inconvenience, so she got an early result when the Judge said that I couldnt claim for it.

But I look forward to the next visit !!

I don't understand why breach of contract should have prevented you getting your out of pocket expenses. Still, you got a result and B & Q lost the case. That's good news. Perhaps the two women ganged up on you

Matty007

Art wrote: »

I don't understand why breach of contract should have prevented you getting your out of pocket expenses. Still, you got a result and B & Q lost the case. That's good news. Perhaps the two women ganged up on you

I got all the out of pocket expenses, but just couldnt claim for inconvenience, which was considerable.

I would urge anyone to do it, it can be a little intimidating, but wouldnt worry, just check with Art if you have a case !!!

Art_2

Matty007 wrote: »

I got all the out of pocket expenses, but just couldnt claim for inconvenience, which was considerable.

I would urge anyone to do it, it can be a little intimidating, but wouldnt worry, just check with Art if you have a case !!!

Thanks Matty for the compliment. I didn't realise you got your out of pocket expenses. thanks for clarifying that for me.

Regards,
Art.

Lublin

Thanks for the replies.

The shop (UK Digital Cameras) replied saying there should have been a plug adapter in the box and apologies that it wasn't there. They have posted one out to me, along with some freebies.
Thanks again.
Lublin

katykitten

Art wrote: »

If you have a problem with ebay they have a very good service themselves for resolving disputes with sellers. They basically take up your case and sort it out with the seller. They obviously have a lot of weight behind them as sellers don't want to be banned from selling on ebay.
If your problem is with PayPal, which is an ebay company, they offer a similar service.

Also, if you have problems with a seller don't forget to leave negative feedback on the site. This helps other buyers from seeing potential problems and avoiding bad sellers. It's also another way of getting a response from a seller who refuses to deal with your problem.

Look at the disputes procedure on the ebay site. Just go to: www.ebay.co.uk
and click on the 'safety centre' link at the bottom of the page. A similar link is available on PayPal.

Regards,
Art.

I have recently had awful problems with paypal, i had cause to return an item that didnt work when i received it, the seller refused to refund me cost of item or p& p so i escalated to a dispute with paypal, to cut a long story short - they said that i was entitled to a refund but had to return item and send it recorded delivery instead of regular parcel post which i was not prepared to do under the circumstances as i would have ended up paying more than the item was worth and regular post insures up to £35 anyway.
Paypal closed my dispute as i did not provide them with a tracking number so the seller now has the goods and my money - very very disappointed. Pay pal have not even responded to my complaint about the way they operate their disputes system which i feel is biased toward the seller - having to pay return p & p just adds insult to injury when you have already paid to receive the item!

Art_2

katykitten wrote: »

I have recently had awful problems with paypal, i had cause to return an item that didnt work when i received it, the seller refused to refund me cost of item or p& p so i escalated to a dispute with paypal, to cut a long story short - they said that i was entitled to a refund but had to return item and send it recorded delivery instead of regular parcel post which i was not prepared to do under the circumstances as i would have ended up paying more than the item was worth and regular post insures up to £35 anyway.
Paypal closed my dispute as i did not provide them with a tracking number so the seller now has the goods and my money - very very disappointed. Pay pal have not even responded to my complaint about the way they operate their disputes system which i feel is biased toward the seller - having to pay return p & p just adds insult to injury when you have already paid to receive the item!

The request to send by recorded delivery is to protect both you and the buyer.

Regards,
Art.

deanos

Lublin wrote: »

Thanks for the replies.

The shop (UK Digital Cameras) replied saying there should have been a plug adapter in the box and apologies that it wasn't there. They have posted one out to me, along with some freebies.
Thanks again.
Lublin

Thats good to hear :beer: