About to go to small claim court, am I in the right?

gettingtheresometime

I would say you're throwing good money after bad if you go to court

Mr_M_Cox

pinkshoes wrote: »

You should not have been relying on the sale of your possessions to stop you going overdrawn. this was your own negligence.

(E.g. If you didn't sell the phone, you would have gone overdrawn anyway, so this is not the fault of the phone buying people)

Thanks you all for the assistance but I did not ask nor need to be told how to manage my finances. The monies spent would NOT have been spend unless we were under the impression it was to be replaced.

To say that I should not have relied on this money is arriving is just like saying not to expect wages to arrive - both are contracts between two parties, both should adhere to the agreed schedule.

What I choose to do with my money is irrelevant, it doesn't change that the vendor breached there published time scales and breached the agreement emailed to us directly or discussed on the phone.

In response to a previous post, here is the schedule of events up to he date of payment, this doesn't include the emails sent since registering my complaint.

Below is a breakdown of what happened and on what date.

16th April - Phone sent to you with payment requested by bank transfer.
14th May - Email received stating that a cheque had been sent - we then called to ask why a cheque not a bank transfer. I was told that that must have been what we asked for and that nothing could be done about it. I accepted this and awaited the cheque to arrive.
27th May - Called to chase up cheque as nothing had arrived. During this call your staff informed me that yes, there had been a few "difficulties" at your end meaning that the processing had been delayed and that this was the reason behind why it was late and why it had not gone through as a transfer but rather as a cheque. I agreed with the customer service agent that you would cancel the cheque, get the order re processed and that the money would be bank transferred by, at the latest, the following Friday, 5th June.
5th June - Money arrives at the last possible moment.

As you can see, although they finally got it right it took well over a month! Far longer than they told us it would be.

blindman

Mr_M_Cox wrote: »

Thanks you all for the assistance but I did not ask nor need to be told how to manage my finances.

Having read the thread I think you do.:cool:

Change your bank-that charge is ludicrous.:eek:

Try to keep in the Black-or at least have some kind of arranged OD facility.

If you sell something do not spend the money (ie be overdrawn) until you have it.

ay that I should not have relied on this money is arriving is just like saying not to expect wages to arrive -

No it's not :- Wages are a regular payment from an employer. Selling a phone is a "one off" to an unknown enterprise

And to answer your questions

About to go to small claim court, am I in the right?

No

Guess I just wanted to see if the wider MSE community feel I am doing the right thing.

No

somethingcorporate

I think you're wasting more time (and money) chasing this.

Surely you shouldn't be down to your last pennies - learn to budget to make sure you have something in the bank at all times (or a small agreed overdraft).

I don't think you'll win if there are no "guaranteed" timeframes.

CoolHotCold

The schedule of events is pretty much irrelevant. To have any case whatsoever, you need to have a guarantee that when approved money would be in your bank by X days after. And even then it's still on shaky ground.

unholyangel

You need to check the terms and conditions and see what it says in relation to timings (not just of payment but of notifying you that they'd accepted the phone and whatever else).

What date did you go overdrawn?

Tbh going on what you said above about the timeline, I can really only see that they're a week to a week and a half late with payment (from when the cheque funds would've cleared).

bod1467

Agree with others - you're likely on a hiding to nothing here.

Also agree with a previous comment about pleading with the bank to waive the charge as a gesture of goodwill due to the circumstances - that's probably your best way forward.

InquisitiveMind

I love how this thread is an example of your ill-planning ... I'm not happy with XYZ so I'm taking them to court... Oh... am I actually doing the right thing?

I'll grab the popcorn and ya'll let us know how it goes.

AnnieO1234

OP-

Send a copy of a completed n1 claim form to the company with 14 days to respond. Explain you will lodge in court in 14 days time. At day 14 send a 7 day reminder.

This is where you would then normally issue proceedings, but don't. You are onto a hiding for nothing as others have also said but also because at no point was there any tangible discussion, agreement or otherwise that you had to receive money by x date. Your timeline actually further proves this.

Send them the threats in the hope they'll cave or do something as a goodwill gesture but IMHO you won't win in court and will end up with a counterclaim for costs etc.

Xxx

themull1

What date did you go overdrawn? if they told you on 27 May that your payment would be no later than the 5 June, and you went overdrawn after 27 May, thats your fault.