small claims court advize please

westerntara

hello i wonder if any one can help i am thinking of taking toys r us to the small claims for a claim on a trike which i feel thy mis sold and they say was mis used but as it wass sold not fit for purposein turn when it was used technically i feel that is mis used since this bike can only be used on pavements or get wet and since we have no pavements what am i supposed to do i now have no trike although they will replace and i refuse to fetch it and they wont send it without charge i could not physically walk in to the store i am that upset is it worth spendind the time to do this and will i incurr charges out side the claim fee of 25 pounds any guidace to a new member :eek: :eek:

sporedude

^^ I agree with Dan, You wont get a refund, Not their fault you dont have a payment now is it. If you take them to small claims court you'll get totally destroyed. Just sell the thing on Ebay. Not worth the hassle.

westerntara

you see the thing is i asked as i am a honest person if it was suitable for where i lived on a unadopted track and twice told yues when the wheels split on the backj toys arent us said i had misused it

sporedude

Your being stubborn by not fetching the replacement or paying for the new one to be sent out

westerntara

no not areplacement just new wheels that lasted 6 weeks an unadopted road is arough farm track muddy and full of pot holes we have other toys and they cope never had this problem before when i took it back told it was not to be used on grass rough surfaces or get wet this is a bike aimed at 3-7 year old not an ornament

---lee---

westerntara wrote: »

Hello I wonder if any one can help? I am thinking of taking Toys 'r' Us to the small claims [court], for a claim on a trike which I feel they mis sold. They say it was mis used but it is my contention that it is not fit for purpose.

If it's not fit for purpose because it's defective, then you are entitled to a refund or repair, but...

The reason I think I was mis sold this product is that I have now learned (after the sale) that the trike can only be used in pavements and [cannot?] get wet. Since we have no pavements, what am I to do?

I would expect the likes of bikes\trikes etc to be used on some form of hard standing unless specially designed for the job like a mountain bike. Again, unless designed for it (like a garden toy) you can't leave stuff out in the rain to rust and expect all to be well.

They [Toys 'r' Us] have offered to replace the trike but I refuse to take it too them and they refuse to collect it from me (without a delivery charge).

They have offered to replace it despite it being left outside to rust? I would take their hand off at this point.

I now have no trike [presumably broken]. I am so uppset that I can't go to the store in person.

Get yourself over there and pickup a new trike. If you don't want it, you could always sell it?

Is it worth spending time [on a claim]?

No.

and will I incur any addition al charges besides the initial £25 claim fee?

It used to be £30 - but I amy be out of date. Possibly. You could lose the case and have costs awarded against you.

Any guidance for a new member?

Welcome to MSE. Your posts will be easier to read if you use capitals letters at the start of sentences, sentences and paragraphs.

From your later post, it sounds like you need something very tough, metal frame, pneumatic tyres designed for fairly extreme conditions – not the usual run of the mill lump of cheap plastic. Maybe your best bet would be to try the upgrade path?

Options

Something along the lines of, I told you about the conditions this would be used in and you told me this would be ok but it’s not. Clearly it can’t cope, can you give me a free upgrade to the next model? Can I pay the difference to upgrade? Can I have a refund?

Did you pay by credit card? If so, you can hold the CC company jointly liable and ask for a refund from them.

westerntara

sORRY JUST SO ANGRY. I was sold a trike 59.99 and told sales man the conditions it was to be used on and he said was suitable.this has not been the case.i have many toys for the children,used round the farm and left outside in all conditions,and never had a problem.i was fair when i asked about bike ,he was not.i did not buy with credit but a debit card.it si maddening that acompany that size treats its customers just so.they have offered to replace wheels but i will be back to square one in few weeks when they split.

---lee---

Westerntara,

Have you tried any letters? How about a concise letter to head office explaining everything (calmly). The address will be on the website? An upgrade or refund would seem to be the only acceptable solution. You can incldue the points that you have been a good customer in the past, that you explained the conditions the trike would be used in etc and had expected a better quality product.

westerntara

done that wrote to customer services.wrote 2 letters to david rurka,manageing director,and sent them signed for service with the post office.and had two replies from customer services again a jacki ingram. i have also wrote to the ceo in america ann have had no joy!
just dont know what to do tradind standards said its my word agaist the salesman and said,if i buy agin from them get them to wrote down on back of recipt,what it is suitable for. It just makes for one un happy customer

stugib

---lee--- wrote: »

Westerntara,

Have you tried any letters?

Not capital ones by the looks of it.

westerntara

YES I HAVE WROTE HAND WRITTEN LETTERS.Thanks for your help.