Who to Take to Court? Any Advice Please

stuart_miles

O.k I do have videos of it failing, also I'll collect all the thread information I have and I'll get an engineer to confirm that it does fail.

Btw, on the thread I have made some time / date errors as I didn't have all the info but everything on my letter is 100% correct.

Remember, I havn't taken the manufacturer to court its the retailer who are a smaller company. Perhaps I shouldn't have had put too much information here but I'm only being honest and trying to get some advice.

I'll update when I get their defence papers, I'm feeling a bit worried now, maybe it is acceptable to sell a machine that fails 80% of the time.

isplumm

stuart_miles wrote: »

O.k I do have videos of it failing, also I'll collect all the thread information I have and I'll get an engineer to confirm that it does fail.

Btw, on the thread I have made some time / date errors as I didn't have all the info but everything on my letter is 100% correct.

Remember, I havn't taken the manufacturer to court its the retailer who are a smaller company. Perhaps I shouldn't have had put too much information here but I'm only being honest and trying to get some advice.

I'll update when I get their defence papers, I'm feeling a bit worried now, maybe it is acceptable to sell a machine that fails 80% of the time.

Could you not note down every time it fails, what you were washing, the weight, the cycle it was on, the time etc? That would build up evidence?

Mark

Flyboy152

Or at the very least go some way to pre-empt their excuses of user error.

unholyangel

stuart_miles wrote: »

O.k I do have videos of it failing, also I'll collect all the thread information I have and I'll get an engineer to confirm that it does fail.

Btw, on the thread I have made some time / date errors as I didn't have all the info but everything on my letter is 100% correct.

Remember, I havn't taken the manufacturer to court its the retailer who are a smaller company. Perhaps I shouldn't have had put too much information here but I'm only being honest and trying to get some advice.

I'll update when I get their defence papers, I'm feeling a bit worried now, maybe it is acceptable to sell a machine that fails 80% of the time.

I only mentioned the company being aware of this thread as some of them have reps on here

I wouldnt worry too much. Arcon said he was surprised they were defending it because (i'm assuming) he thought it would be a large company like Comet or Dixons. If its a smaller company it would explain why they are defending it (as for a big company it would probably cost them more to defend than it would to settle).

Equaliser123

arcon5 wrote: »

Personally i'd be a little worried that a company that size feels they have grounds to depend in full your claim -- surely they wouldn't be doing this if they felt their was in a weak position.

Not in the slightest. First thing that happens when a legal team receives a claim is that they tick the box saying that the claim is acknowledged and that they are defending in full.

You get extra time to investigate and find out what is happening.

unholyangel

Equaliser123 wrote: »

Not in the slightest. First thing that happens when a legal team receives a claim is that they tick the box saying that the claim is acknowledged and that they are defending in full.

You get extra time to investigate and find out what is happening.

And then dont bother turning up?

stuart_miles

unholyangel wrote: »

And then dont bother turning up?

I bloody well hope so!

stuart_miles

Thanks to everyone, I'll def put all this into my evidence and hope its enough.

mattyprice4004

I'm not sure it'll be enough.

You really need an engineer's report, stating it's a manufacturing defect.

unholyangel

mattyprice4004 wrote: »

I'm not sure it'll be enough.

You really need an engineer's report, stating it's a manufacturing defect.

While it certainly does help and is probably the strongest single piece you could provide, it is not the only form of evidence that can be used to prove a fault is inherent.

Remember, small claims go on the balance of probability, not "beyond all reasonable doubt" So you only have to "prove" that something is likely.