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

Equaliser123

See Post 19.

Put up or shut up time I suspect.

KeithP

ShaunJUK wrote: »

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.

Stop ringing.

Stop emailing.

Write a real letter telling them what you want and when you want it to happen.
Send it recorded delivery. Lets call it a letter before action. Google it for many sample letters.

Then, because you are having difficulty googling moneyclaimonline, let me help you.

Please report back when you have tried any of the suggestions given you.

Mankysteve

I cant believe that no ones mentioned this but. Before you can take to small claims you need to get a independent engineer to confirm your story first, If you go to court with no proof that the fault is not your fault and they turn up with there own report they'll win straight away. This would be my second port call after following the above poster suggestion,

Equaliser123

Mankysteve wrote: »

I cant believe that no ones mentioned this but. Before you can take to small claims you need to get a independent engineer to confirm your story first, If you go to court with no proof that the fault is not your fault and they turn up with there own report they'll win straight away. This would be my second port call after following the above poster suggestion,

You don't "need" an engineer's report. It is a matter of evidence. Often Courts like it if, for example, the parties agree on an independent engineer.

Mankysteve

Aye but if the retailers turn up with a engineers report stating the damage is caused by the OP and then you'll lose in court with proof to the contrary.

ShaunJUK

Ok another small update, the company have now said they will allow me to get my laptop repaired under manufacturers warranty, however they will not cover it under the service agreement, they dont want anything more to do with me and they will not cover my tv which I have an agreement on either.

I am not sure whether I trust them to repair my laptop now, do I not have any other rights as it has now been 2 months since they first had my laptop in for repair.

KeithP

ShaunJUK wrote: »

I am not sure whether I trust them to repair my laptop now, do I not have any other rights as it has now been 2 months since they first had my laptop in for repair.

Mr JUK, it really is time you decided exactly what it is that you do want, don't you think?

Vomityspice

Mankysteve wrote: »

Aye but if the retailers turn up with a engineers report stating the damage is caused by the OP and then you'll lose in court with proof to the contrary.

Civil procedure rules would mean that they could not 'appear' with a report. It would not be allowed as evidence. If it ever got near to going to court, the rules mean that the expert works for the court (Not retailer OR claimant). The cost implications would normally means the loser pays.

So in this case, the company would know that if they were daft enough (assuming the facts given are correct!) to ignore the LBA, then the corporate solicitors would quickly point out that the cheapest option is to pay out. The laptop is probably worth £600 which in legal terms is about 3 hours work.

As previously advised;

1) Write your LBA giving 14 days notice of intention to issue proceedings
2) If they fail to resolve / respond, fill you N1 form and pay the listing fee to the court (you'll get it back when successful).
3) The court will then issue proceedings to the company in question.
4) If they don't respond within 14 days , apply for summary judgement. If they do (i.e acknowledgement of service), prepare for court.
4) Turn up on the date specified with ALL your documentation. It's likely that the other side will have paid up by then.
5) Give oral evidence and let the judge decide!

cooldude255220

ShaunJUK wrote: »

They completed the first repair however when I got it back it still had the same fault so I tried to book it in again and they did but then contacted me to say the warranty dpt had advised them not to repair it.

They repair dpt are unaware of any damage on the laptop and are just acting on instructions.

I am currently using the laptop, the fault is when the screen is at a angle suitable for use it rolls and you cant see anything, I have to use it with the screen tilted back and the laptop leaning forward so I can see the screen

I think this happens to me, does the screen "wobble" and you can't see anything?
It really annoys me>_<

ShaunJUK

KeithP wrote: »

Mr JUK, it really is time you decided exactly what it is that you do want, don't you think?

What I want is a working laptop, what I dont know is the best way to get it.

I am also annoyed that now the guarantee has expired I only have the repair guarantee left and they want nothing to do with me when it comes to support after this.

I also am concerned that if I now send it in to them for repair now they have agreed to one, as they have tried to accuse me of accidental damage they might "find" something in my laptop that has caused this fault and I have no proof of anything else.