Ordered Coffee machine and wanted to return back as soon as received !!

naedanger

cypriotxx wrote: »

Thank you so much for all your kind answers , what happens if i try to defend and fail , will i lose all money ?

The court will award what it thinks the retailer is due to pay under the agreed terms and conditions.

From the correspondence it sounds like the retailer thinks you are due 75% of the original purchase price under the contract. If the retailer is correct (and I suspect they are) then this is what you would be most likely to get if you go to court.

If the retailer offered to settle for this amount prior to going to court then you would have to pay the court fees. If the retailer refuses to pay anything and you take them to court you will probably be awarded the court fee plus 75% of the purchase price.

I suggest you write to them offering to accept £x [where £x is the full purchase price] in full and final settlement. State that if you receive payment for this amount by [date] you will withdraw your case.

If they counter offer 75% of x then you will have a decision. Accept this or risk court fees claiming for more.

If they won't pay you anything unless you first withdraw your claim then I think you will need to take them to court.

cypriotxx

if i try to mail them again to seek to end this and ask for the original amount 500 How should i word a nice mail to them pls ?

sjbrun

I'm assuming that £500 includes postage for the item, so that would need to be taken off, so shouldn't you be asking for £450? As you wouldnt be able to get the postage refunded unless they agree to work at a loss

cypriotxx

it was actually 417+ postage 49.52 + VAT £559.82

naedanger

cypriotxx wrote: »

if i try to mail them again to seek to end this and ask for the original amount 500 How should i word a nice mail to them pls ?

I refer to your [email/letter] of [date x].

I have now consulted with others who have assured me that your previous offer of a full refund of the initial purchase price, with me bearing all the delivery and redelivery costs, was reasonable as this was a business purchase.

I therefore wish to apologise for the tone of my previous replies and would like to accept your offer of £x as full and final settlement of my claim.

If you accept this offer by providing this payment by [date x] I will close my claim. I hope you appreciate I cannot close the case until I have received payment. However I am clearing stating this is for full and final settlement so that you can be assured that if I was stupid enough to proceed after receiving this amount my claim would certainly fail.

[I would not overdo the apology e.g. by saying their offer was generous just in case they don't settle and you need to go to court. Also perhaps include details of how you wish to be repaid, which may depend on how you paid originally.]

PS I am thinking £x = £417 + vat = £500.40 (which includes VAT)

cypriotxx

ahh this is great , i have send the mail hopefully will hear back something soon..
Thank you so much and have a lovely xmas and a new year all

naedanger

Actually where is it you are reluctant to close the case? Is it on the retailer's website or is it part of the court claim website?

cypriotxx

naedanger wrote: »

Actually where is it you are reluctant to close the case? Is it on the retailer's website or is it part of the court claim website?

There was an option on this site moneyclaim gov uk
but cant see it anymore , and if they accept it how will i cancel the court ?

naedanger

cypriotxx wrote: »

There was an option on this site moneyclaim gov uk

OK be careful not to close the case on that website too soon (just in case).

but cant see it anymore , and if they accept it how will i cancel the court ?

I don't know - but it can't be that difficult. I would wait until you are actually paid, then if it is still not obvious you could contact moneyclaim gov uk.

wealdroam

cypriotxx wrote: »

There was an option on this site moneyclaim gov uk
but cant see it anymore , and if they accept it how will i cancel the court ?

Page 16 of the MCOL guidance notes explains this.