Distance Selling Regulations, small claims court

Heath_and_Heather

Thought I would share my experience with other forum members I am having with a claim I am making going through a small claims court. If anyone else has been through a small claims court process I would be interested in your comments of the experience. I will update this thread as the case proceeds.

I am taking a retailer to a small claims court for refusing a refund contrary to the Distance Selling Regulations. Don’t won’t to go through the whole details of my claim and how I got here as will take too long, and have made other post on this forum about this in the past. However suffice to say this is definitely a last resort due to failure of other options I have tried.

So far the retailer has defended the full claim completely. Today I have completed and sent off an allocation questionnaire to the court so am awaiting either a court date, or if the other side is willing, a start of mediation process. I am representing myself, am not using a solicitor.

Would also like to add that Consumer Direct were extremely helpful over the phone so would urge others who come across any consumer issues to call them. I am in a slightly unusual position now as have spent so long researching my case am finding I am becoming more knowledgeable than some of the advisers on Consumer Direct! (not all of them though).

somethingcorporate

Pretty pointless post unless you are willing to give details.

mattyprice4004

Why is this in consumer rights, what's the question?

More details needed to be of any use really

wealdroam

Heath_and_Heather wrote: »

...I am becoming more knowledgeable than some of the advisers on Consumer Direct! (not all of them though).

You will soon overtake them.
Hasn't Consumer Direct been disbanded yet?

Optimist

wealdroam wrote: »

You will soon overtake them.
Hasn't Consumer Direct been disbanded yet?

Citizens advice do their function now.

No idea if they use volunteers under Mr Camerons big society or the advisers are paid.

CoolHotCold

don't know but the majority of them give dodgy advice at best.

Looksguywalker

somethingcorporate wrote: »

Pretty pointless post unless you are willing to give details.

Like the details found in seconds here?:-

https://forums.moneysavingexpert.com/discussion/comment/54890355#Comment_54890355

Heath_and_Heather

Hi,

Just to clarify I was wondering if anyone had ever taken a claim to a small claims court. Even if it was on an entirely unrelated matter I would be interested what people have to say about the general experience.

I'm sorry if this is in the wrong forum for this kind of thing but I hope it is sort of related as it concerns the Distance selling regulations. (& hence consumer rights). Anyway I've always been very impressed with peoples advise and knowledge on this forum so I thought I would post, hopefully other people who are considering court action may be interested.

I don't really need advise specific to my claim at this stage as I've gone over it so many times already, I wouldn't have taken it to court if I wasn't 99% sure I was in the right already.

I will try to keep updating as things progress... there many be long delays in between of course due to the process itself being a bit drawn out, but at least defenses have been filed already.

Thanks

somethingcorporate

Looksguywalker wrote: »

Like the details found in seconds here?:-

https://forums.moneysavingexpert.com/discussion/comment/54890355#Comment_54890355

Thanks, I should have thought of that.

lucy03

I hope that the original poster keeps us informed, I personally haven't seen the DSRs tested that regularly in court, and it'd be interesting to see how it all progresses.

mo786uk

The CAB service that replaced CD is funded directly from Govt and is seperate to the normal CAB to some extent I believe. The staff are paid.

The amount of stuff they have to advise on is vast - and they probably dont get a huge amount of training.

I would be interested in knowing the outcome, if its just a refund issue then it shouldn't be too complex i would have thought.