Distance Selling Regulations, small claims court

terra_ferma

Heath_and_Heather wrote: »

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

would be interesting to hear the outcome

arcon5

Bearing in mind you agree the tyres was dirty, how much are you claiming? The full purchase price or a fair price which would consider the price of new tyres (or cleaning)?

Have they refunded nothing at all? Do they have the bike? From your other post it would seem they do and they've refunded nothing - in which case I can't see a judge siding with them

Hintza

This whole case revolves round one point (I'm not going in to whether the website is accurate or not) and this should the OP have taken the new bike bought online outside for a test drive or not.

OP reckons that is acceptable shop disagrees sound pretty simple to me will just have to wait and hear what the court says (hopefully with some documentary evidence).

terra_ferma

arcon5 wrote: »

Bearing in mind you agree the tyres was dirty, how much are you claiming? The full purchase price or a fair price which would consider the price of new tyres (or cleaning)?

The OP said this on the original thread:

I advised the retailer I was more than happy to pay for the tyre to be cleaned, however they have outright refused to give me any refund or negiotiate whatsoever.

Heath_and_Heather

For those interested in my case here is an update…I have won my court case!! Here’s one to the consumers defending their rights against bully boy retailers.

After mediation negotiation failing I went to my hearing at a small claims court. I arrived really early and was really nervous as I’ve never done anything like this before, but I didn’t need to be nervous… The hearing took only 5 minutes and I was awarded the full value of my claim plus all costs! How easy was that, was expecting a grilling by the judge but was a piece of cake really.

I am still amazed how this online cycle retailer thought he could pick and choose which consumer laws he would abide by and which he would not. I never asked for anything more than my statutory rights from the retailer.

Overall thoughts on my experience – Trading Standard were useless, I found out, through the defendants evidence, all they did for me was make 1 phone call to the retailer and did not pursue any further, despite what I can now definitively state was a cast-iron case of breach of DSR’s. So I was left on my own to pursue this, thanks a lot Trading Standards for that. Also should point out it’s taken me 8 months to get my refund from the retailer, and did take some considerable time in researching things, collating documents and writing evidence, letters, emails, phone calls. But don’t give up if you are absolutely convinced you are 100% correct in your assertions. I initially tried direct with the retailer with phone calls/emails, then tried the credit card claim route, then trading standards, then recorded letters, then lodged the claim at a small claims court, the claim was defended in full, then mediation failed and we ended up with a 5 minute hearing to end it all.

Under DSR’s you have additional rights to cancel sale contracts, my impress is that most big retailers are now complying with the law (I half anticipate for users of this website to now tell me that I’m wrong saying that!) but it appears some retailers think they can flout the rules.

So I hope I users of this website are happy for me to gloat somewhat here! 8 months of battling through the courts, it could have been easy to give up but it is worth it in the end. It’s only a shame that there doesn’t appear to be much incentive for this same retailer to stop trying it on again in refusing to give customers their statutory rights, I expect most customers would give up after failing to progress things with Trading Standards and credit card companies. In my case the retailer’s only loss has been covering my court costs which were quite low relatively speaking as I didn’t use a solicitor.

The retailer managed to remove my negative feedback from a review website by contacting the review website direct (I’m still not sure about the kind of relationship that exists between supposedly independent review websites and the retailer). Not only did they remove this negative feedback, but when the legal process was ongoing, they managed to get the review website email them my “removed” feedback direct to them and use it as evidence against me in a court case. Even though it was no longer in the public domain. It’s telling that this evidence did nothing to prevent me winning my case 100%, and so questionable whether it should have been removed in the first place.

halibut2209

Gloat away! This company should be damned ashamed for such an obvious breach of basic consumer law.

dalesrider

Heath_and_Heather wrote: »

Overall thoughts on my experience – Trading Standard were useless, I found out, through the defendants evidence, all they did for me was make 1 phone call to the retailer and did not pursue any further, despite what I can now definitively state was a cast-iron case of breach of DSR’s. So I was left on my own to pursue this,.

Well done. :T

have you actually got the money back from the retailer and all costs?

Perhaps now you would like to give you MP some ear ache on the lack of support on consumer rights. From the very bodies that are supposed to be there for the consumer.

arcon5

Out of curiosity, what grounds did they attempt to defend it on?

bris

Was the other side present in court?

mo786uk

so how are you going ot enforce judgment or have they paid already?