Ordered a car part and it's arrived damaged

Tozer

No need for mediation in this case.

You issue in your local county court (or online). I would do it locally though as then the presumption is in Southampton.

As they are a limited company adn you are an individual, the presumption always used to be that proceedings woudl remain in your local court.

I doubt they will do anything other than ignore the summons. You will then have to get a judgment in default and try to enforce the judgment.

TomK_2

Thanks for the replies!

So what is the best way to start a claim? You say locally, so I do go down the local court and go from there? How much is it likely to cost?
I'm going to assume they will just ignore the summons, what happens if that's the case?
Once I have started the claim it's too late for them isn't it? From then on I will be demanding the original cost plus the cost to make the claim, so is it worth sending one last letter stating that I will be taking them to court if they don't reply this time.
How do I put a value on my time that they have wasted having to go through all this?

Again, thanks for the help everyone.

TomK_2

Thanks for the replies!

So what is the best way to start a claim? You say locally, so I do go down the local court and go from there? How much is it likely to cost?
I'm going to assume they will just ignore the summons, what happens if that's the case?
Once I have started the claim it's too late for them isn't it? From then on I will be demanding the original cost plus the cost to make the claim, so is it worth sending one last letter stating that I will be taking them to court if they don't reply this time.
How do I put a value on my time that they have wasted having to go through all this?

Again, thanks for the help everyone.

Edit: I have just this second found this:
I'm not allowed to post link but if you search for '1st 4 parts ltd' in Google, you will find a name and shame website.

Doesn't fill me with confidence I have to say.

KeithP

If you haven't done so already, you need to send a recorded delivery letter explaining the problem, tell them what you expect them to do about it (e.g. refund the money), and giving them say 14 days to do it. The letter should also explain what will happen if they don't refund... i.e. that you will start legal proceedings against them.

This letter is known as a letter before action. It is the first stage of the legal process. Google letter before action for many sample letters.

Tozer

In theory you should send a letter before action but frankly I wouldn't bother in this case as they are clearly ignoring you.

If they ignore the summons, then you have the right to apply for a judgment in default.

You cannot claim for your time.

TomK_2

Tozer wrote: »

In theory you should send a letter before action but frankly I wouldn't bother in this case as they are clearly ignoring you.

If they ignore the summons, then you have the right to apply for a judgment in default.

You cannot claim for your time.

That's something I'm worried about; will I ever get my money back if they just ignore everything?
I REALLY want to go all the way but I have to consider the possibility of losing more money.