Faulty sofa

Thrifty65

Hi there,
I'm a claimant against a sofa furniture company, due to the goods delivered not being as those in the store (ie filling being soft as opposed to what they claim on their website "brilliant support"). I have agreed for mediation. I have asked that all communication be done in writing. However, now they are calling me on my mobile. So, I left wondering whether I should answer or should I wait until I am contacted by the small claims for a mediation date and time. The company is saying that they will use the fact that I am not answering against me. What should I do? The thing is I am wary that they might tell me one thing on the phone and do something completely different.

tomtontom

Why not speak to them and should you come to any agreement, ask that they confirm in writing? It does seem silly to ignore them when mediation itself will be either by phone or in person - not in writing.

Thrifty65

Mediation will be by phone, in the first instance. However, there will be a third impartial party involve. If I do pick up the phone, they can say one thing to me and do something totally different. Hence, my reluctance to respond to them. See, I have come to the point I do not trust them one bit. This has been ongoing for month and now that this is going to mediation, all of a sudden they are eager to speak to me, minus the third party.

tomtontom

Thrifty65 wrote: »

Mediation will be by phone, in the first instance. However, there will be a third impartial party involve. If I do pick up the phone, they can say one thing to me and do something totally different. Hence, my reluctance to respond to them. See, I have come to the point I do not trust them one bit. This has been ongoing for month and now that this is going to mediation, all of a sudden they are eager to speak to me, minus the third party.

That is why you get anything agreed in writing, or if you're really paranoid record the phone call.

An unwillingness to speak to them could result in a costs order against you. They're pretty rare at small claims, but it can happen.

unholyangel

Thrifty65 wrote: »

Mediation will be by phone, in the first instance. However, there will be a third impartial party involve. If I do pick up the phone, they can say one thing to me and do something totally different. Hence, my reluctance to respond to them. See, I have come to the point I do not trust them one bit. This has been ongoing for month and now that this is going to mediation, all of a sudden they are eager to speak to me, minus the third party.

I take it they're not actually offering mediation and are instead offering another chance at resolution? I might be wrong but I take mediation to mean a third party (such as furniture ombudsman) stepping in to try and reach a satisfactory outcome without involving the courts.

Or are they offering mediation and now you have agreed, they want to cut out the mediation and do it directly?

If you do record the call, tell them you're recording. Even if you don't you should still be able to use the transcript, I was more wondering if their tune would change once they knew the call was being recorded - it making it more available to rely on as evidence is a bonus.

If they choose to terminate the call/communications because you're recording, it would perhaps give some indication as to whether your doubts over their trustworthiness were well founded or not.

pinkshoes

Just record the call and inform them when you answer that you are doing so.

So long as you inform them it is being recorded, then you can use it as evidence. I would then transcribe the conversation and send them a copy.m