Advice Needed - Taking Retailer to small claims court and defamation of character

simpywimpy

try moneyclaimonline

sarahg1969

simpywimpy wrote: »

try moneyclaimonline

I wouldn't recommend moneyclaimonline, because it's very limited in what you can do. Go to your local county court and ask for an N1 and they will also give you a pack on how to complete the forms.

Defamation? Don't even bother.

JimmyTheWig

So if the OP forgets about the defamation of character, which is (correctly, imho) suggested he does, what's the point of taking this to court?

Surely he needs to follow this up with whoever has the laptop and whoever says they won't repair it when he thinks they should. If that means he has to answer questions to show his innocence then so be it.
I can't see why this is anywhere near court at this stage.

ShaunJUK

JimmyTheWig wrote: »

So if the OP forgets about the defamation of character, which is (correctly, imho) suggested he does, what's the point of taking this to court?

Surely he needs to follow this up with whoever has the laptop and whoever says they won't repair it when he thinks they should. If that means he has to answer questions to show his innocence then so be it.
I can't see why this is anywhere near court at this stage.

I currently have the laptop, I have written to the company 3 times asking how they have come to the conclusion there is physical damage on it when both there technical team and the store can find no sign of any damage, the technical team will only not book it in for repair because they have been told not to by the service agreement, even though it is under manufacturers warranty.

The defamation of character may be a none starter and I accept that however the reason for this is that I am close friends with a number of people in the company who have now been informed by them that I have committed fraud and if I want to contest it I need to take it through small claims court.

Any contact with the company results in the person I speaking to stating that there system says they cannot discuss anything with me and that if I have an issue I should take it through small claims court.

One of my friends who is a store manager says he has never seen anything like this before and he has seen the fault and the condition of my laptop, he is doing his best to find out what is going on but is being met by the same response, being told not to deal with this customer and refer him to small claims court.

To re-iterate. My laptop is in no way damaged, I am currently using it to type this, the fault occurs when the screen is at the ideal angle to use the laptop it causes the screen to roll.

Equaliser123

Defamation of Character will not be heard by the small claims court. If you sue for it, the matter will be dealt in the High Court or at least a full County Court. There are cost implications so you could find a VERY expensive lesson swiftly follows.

Hithere

You purchased a Service Agreement, if they are not honouring that contract, Would trading standards help?

As for the fraud part, are they still investigating? Citizens advise bureau might be able to help you on that one if they pursue it.

Think Equaliser is right to advise to forget about defamation of character as they are only investigating fraud, be different if they announced it in the times & you lost your job because of it or something.

bingo_bango

Hithere wrote: »

You purchased a Service Agreement, if they are not honouring that contract, Would trading standards help?

No. TSS do not enforce contractual issues. Especially where there is a report from the trader stating that there is no damage.

ShaunJUK

I am getting really frustrated over this now, tried talking to them today and cant get anything out of them, I have asked them to book my laptop in again so they can look at it and see there is no damage but they wont do this.

Would I be able to go to trading standards? I am at the point where I wanna go further to someone like watchdog, I just cant get anywhere

Wildside

bingo_bango wrote: »

No. TSS do not enforce contractual issues. Especially where there is a report from the trader stating that there is no damage.

ShaunJUK wrote: »

I am getting really frustrated over this now, tried talking to them today and cant get anything out of them, I have asked them to book my laptop in again so they can look at it and see there is no damage but they wont do this.

Would I be able to go to trading standards? I am at the point where I wanna go further to someone like watchdog, I just cant get anywhere

bingo bango says Trading standards don't deal with contractual issues, but personally I would still give them a call and ask them who you should contact, I'm sure even if they can not help you they will know who can.

Sorry I am not an expert but that is what I would do. Unless any one on here can help you further.

Good luck with getting it sorted.

ShaunJUK

Well just an update, I am getting nowhere.

I am facing a brick wall when ringing them, the store managers have been told not to discuss with me and arent sure what is going on.

I have the name of a senior executive who I am going to email but I am so at a loss of what to do.