Small claims - what are my chances

Rek88

I previously posted about an issue with Sofaworks/sofology.

Basically goods delivered damaged, had three further visits to rectify the problem. Asked for compensation for three days annual leave which they refused. I've managed to push this up to £100, but this is there full and final offer.

This breaks down to £50 per "failed visit", the first visit apparently doesn't count as it was a voluntary arrangement. They are using the furniture ombudsmans guidance figure of £50 per visit.

If I were to put in a small claim, what are my chances of winning. Am I pushing my luck or should I just accept the £100?

Caz3121

worth reading this article
http://www.moneysavingexpert.com/shopping/delivery-rights

bris

What is your losses? I take it you were actually paid for your 3 days annual leave so it's not a financial loss.


You would be taking a chance as time is not a loss.


£100 seems fine to me but if you think you are entitled to more then only the courts can give you it.

[Deleted User]

Rek88 wrote: »

They are using the furniture ombudsmans guidance figure of £50 per visit.

A court would therefore be unlikely to award any more.

bod1467

bris wrote: »

What is your losses? I take it you were actually paid for your 3 days annual leave so it's not a financial loss.

This is the crux ... if it was unpaid leave then you have a claim; if not then your claim is on much shakier ground.

susancs

OP, I just had a look at the furniture ombudsman information and it states
"Where consumers have had to take time off work, over and above that amount originally envisaged at the time the contract was made, they would normally be entitled to claim compensation for the loss incurred as a result. This would not apply to time spent in resolving the dispute once a case has entered the Ombudsman process. If you are an employed person, any award we may make will not be the same as your daily salary if your employer has paid you in any event. In these cases any award made will be to reflect the time and inconvenience incurred. Awards made by the Ombudsman for this type of claim do not exceed the sum of £50 per person per day". (pg.10)
http://www.thefurnitureombudsman.org/document/consumer-guide.pdf

I would take that to mean that when your orginal contract was made you expected to have just one day off work for the delivery and the extra days off over and above the orginal contract were in fact three, not two as they are trying to claim. As they state they are using this guidance then they should pay you £150 if they are using the £50 a day and I would point that out to them to negotiate it up to that if you can. It would be a gamble taking it to court and involve more time and effort, probably for little, if any gain, in my opinion.