2nd hand fridge freezer faulty - Refund?

AGray

Well, so far so quiet. He was blowing smoke clearly when he said he was going to counterclaim against me, as it's been more than 2 weeks now and i haven't had anything from him. Not a peep.

I spoke to the Customer Services of the County Courts Friday just gone, because the cut-off for him responding to my claim was today, so i just wanted to make sure what i felt was right, was right.

In these past 2 weeks, my claim online has just been "Issued", they the Courts said that if he replied to my claim at any point the status would change from "Issued" to something else in acknowledgement.

They said after the time has elapsed and he hasn't replied, then the status will change to something against him - Don't know what that will be though. I don't know what time "close of play" is though, would it be 5pm Monday, or 00:00 Tuesday?

Regardless, the court have said that that i can't do anything until tomorrow anyway which i'm aware of, but even still i don't want to be suprised when i finish work tomorrow afternoon!

AGray

Well, i've waited patiently! Noticed that the status didn't change on the Money Claim website today, i thought it would change automatically.

Called them, they said yes he's been given the time - and he hasn't replied to them either, so to proceed with the Judgement.

Don't really know how it progresses now though, tey said he has 30 days to pay the amount + court costs or i can take it further (Using some warrant for baliffs?)

They said though that they won't send me any paperwork, so i don't know what specifically they want in terms of dates, although confusingly - The person on the phone said if i wanted i could request they go around to his house when i wanted to collect the fee...

I spoke to Trading Standards to update them, again they confirmed no further correspondence has been made to them since he mentioned the counterclaim. They said they wouldn't be able to come to my house and act as witness' during the cash exchange + collection of "temporary" appliance as they're only there in an advisory role.

So guess i'll have to cross that bridge when i come to it.

wealdroam

Have you read MSE's Small Claims Court guide yet?

There is a link at the top of this page - just under your thread title.

AGray

Result finally! I passed the instructions on to the Court Enforcers/Bailiffs 2 weeks ago, but i've had difficulty in calling them as they were only open from 8am-10am and i was always working then.

Thankfully managed to speak to them at the beginning of the week, and they said they're due to go out this week, so i left it at that. I left an answer message last night to them so i could talk to them today asking for an update.

They called me this morning saying they went to the property yesterday, no one was in so they lettered him saying they'll be back next week. Heyho.

Just received a phonecall from Trading Standards who had advised me that he phoned them to tell them he has paid the full amount (£220!) and he wanted to know when he could pick up the scummy fridge freezer he left in my house for 8 weeks.

I called the County Courts and they confirmed payment has been made in full, and as it's Friday today they'll sort a cheque out next week and i'll receive it the following week.

It has been an interesting journey, but i'm glad i didn't leave it down to "experience". I've learned, but i've gained as well - and unfortunately for him, he's out of pocket a further £100 than if he had sorted it at the beginning. A lesson for him too maybe...

wealdroam

AGray wrote: »

It has been an interesting journey, but i'm glad i didn't leave it down to "experience". I've learned, but i've gained as well - and unfortunately for him, he's out of pocket a further £100 than if he had sorted it at the beginning. A lesson for him too maybe...

A lesson for all three of you I would say. I do hope your mother has also learned something too.

arcon5

Congrats.
As long as you be objective when they collect the fridge (don't discuss the judgement) it sounds like it would have ended well indeed.

Nessun_Dorma

Well done AGray, it certainly pays to be persistent.

AGray

Yeah i have been civil with him from the off, hence why i was suprised when he said he didn't want to talk to me anymore (cry) and wanted to do all the talking with Trading Standards.

I've just found something else out though, and i have no idea if i should laugh or cry. About 2 weeks ago i got the fridge which was in the house ("Temporary") moved into our garage, brought someone in with the necessary tools.

Reason being, it was starting to smell again as well as it was a perfect haven for insects on the underside. I thought nothing of it and the fridge was moved.

I went into the garage today to check something unrelated to the fridge, when i noticed in the corner of my eye i noticed something amiss. Behind the fridge (Which i had NO access / view to) i seen the protective grill - and behind the grill i seen a stray cable with wires strewn around. Curious i thought...

I found this was actually the power lead - the cable head has been taken off it. This was totally amiss when he delivered it several weeks ago, and now i'm in the stages of "this could be massive trouble, i didn't notice this - and this guy has a record of pulling lies out of thin air - he could use this against me!"

I won't bring this to his attention, but i can almost see that he may have planned it - especially as he said it was a "working" appliance. Urgh!

Fosterdog

I'm so glad this is finally sorted for you, I have been following your thread with interest, serves him right that he is further out of pocket that if he had been reasonable from the start.

Nessun_Dorma

AGray wrote: »

Yeah i have been civil with him from the off, hence why i was suprised when he said he didn't want to talk to me anymore (cry) and wanted to do all the talking with Trading Standards.

I've just found something else out though, and i have no idea if i should laugh or cry. About 2 weeks ago i got the fridge which was in the house ("Temporary") moved into our garage, brought someone in with the necessary tools.

Reason being, it was starting to smell again as well as it was a perfect haven for insects on the underside. I thought nothing of it and the fridge was moved.

I went into the garage today to check something unrelated to the fridge, when i noticed in the corner of my eye i noticed something amiss. Behind the fridge (Which i had NO access / view to) i seen the protective grill - and behind the grill i seen a stray cable with wires strewn around. Curious i thought...

I found this was actually the power lead - the cable head has been taken off it. This was totally amiss when he delivered it several weeks ago, and now i'm in the stages of "this could be massive trouble, i didn't notice this - and this guy has a record of pulling lies out of thin air - he could use this against me!"

I won't bring this to his attention, but i can almost see that he may have planned it - especially as he said it was a "working" appliance. Urgh!

Too late. I wouldn't worry.