Order cancellation timescale??

lukerichardson40

They have refused and I will see then in court. They stated they wanted to keep £121 because that was the cost they incurred because I refused delivery. I tried to point out I refused delivery because the order was cancelled which I have evidence of but they didn't seem to care. Said the order was on its way out to me when I cancelled so it was too late for them to stop it. I tried to explain that is not my fault and I only got a dispatch email after I had cancelled. Anyway, will be in court in Feb with them. I can't see how I can't win this.

arcon5

Oh god, what morons. Not only did you cancel, but the order was incomplete! Will be eagerly awaiting the hearing date.

lukerichardson40

Yep, kind of looking forward to it. The order was incomplete (or it would have been if I accepted it), they also had the wrong address (number 35 instead of 25). I think once the judge has a good look at everything he won't need me or them to say a thing, should be open and shut. I tried to be nice to them and offer them a chance to not have to go to court and minimise their losses by just giving me my money back but they refused. No helping some people.

pmduk

Still, it may give the judge a smile at their moronity. It's a shame that's not a real word, I'm rather taken by it!

lukerichardson40

I hope it does give the judge a laugh! Just googled moronity... It is a word! I didn't know that but it describes this lot well! -


Noun 1. moronity - mild mental retardation
mental deficiency
backwardness, mental retardation, subnormality, slowness, retardation - lack of normal development of intellectual capacities

Equaliser123

I think you need to go very careful what you are posting on an open forum. For a start, mediation is supposed to be private. You've kind of waived that for a start.

Also, there are loads of cases whereby parties who have said that they aren't prepared to budge pre-mediation are penalised on costs. OK this is Small Claims track but be careful.

The Court has a power to look at the conduct of the parties pre and during the litigation. Don't screw it up!

lukerichardson40

Appreciate the comment equaliser. I don't believe I have said anything I shouldn't. Everything I have said is true and not once have I been told that I can't discuss the proceedings with anyone.

I was prepared to come to an agreement during mediation, one which I felt was fair for both of us. Unfortunately we could not agree. I would have rather settled this without going to court but sadly that won't happen now.

But I will remember what you have said. Thank you.

Equaliser123

No problem. And I don't believe that you have actually prejudiced your position as it seems that you played an active part in the mediation and were prepared to consider compromise.

Courts have an active duty to encourage parties to avoid 'clogging' the Court system and incurring additional costs. That's why they provide the mediation. They get miffed if the parties either refuse (pretty much a no,no these days, or don't take it seriously).

That said, I've not personally seen ANY successful County Court arranged mediations although have only been involved in about 6. It feels like a bit of a process to be followed with little active involvement on the part of the mediator.

Externally organised mediations is a different matter - every one (including one where the value of the claim was £10m+) which I have been involved in has settled on agreed terms.

lukerichardson40

For anyone who is still following this, a quick update.

Court date has been set as 18th Feb. I am preparing all documents to send them now, these include -

1. Copies of all emails to and from QS and emails from trading standards.
2. Their terms and conditions at time of ordering.
3. Phone records.
4. Guidance on Distance selling regs (I dont think I need this one, but the lady at the courts said to send everything I am planning on taking with me).

I also sent them one final email the other day giving them one last chance to pay up. All court fees are paid, but I can still get the £25 hearing fee back if they settle now. Figured this would be better for everyone, they save themselves £25, a trip to Hull and having a judgement made against them, and I get my money back. Sadly they have failed to respond. For anyone who is interested this is the email I sent which I think is very fair -

"Dear Sir,

This email is in regards to the above order number and pending court action.

Prior to me sending all documents I intend to take to court to both yourselves and the courts, I would like to offer you one final chance to pay up.

I would like to point you to the following website (A guide for businesses on distance selling) - http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf which is from the office of fair trade. In it I would like to point out the following sections

Can I charge the consumer the cost of insuring items that
I send out?

3.20 No. These items belong to you until they have been accepted by your
consumer. So you cannot charge your consumers for carrying risks

that you should bear. See paragraph 3.36 for more information.

Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?

3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a

situation cannot be treated as a breach of contract.

If you would take some time to read these guidelines, as I have done, you will see that I am right. This document, combined with your terms and conditions (at the time I placed the order, not the revised terms you now have) show without any doubt what the outcome will be in court.

As I have said, this is your final chance before going to court. The sum is £146.43, this is £121.43 you have kept, and £25 court fees I have already paid. This is the sum will increase by a further £25 should you still refuse to refund me and this case has to be heard in court.

I look forward to your response on this issue and wish you a happy New Year.

Regards

Luke Richardson."

bod1467

It's the Office of Fair Trading, but otherwise your email looked very reasonable.