Arbitration is all very well, but what if......

miserable_ol_so_n_so

I am about to commence recovery of full refund of an item purchased from an Amazon seller which fell apart after a few months of use. I consider it not of merchantable quality and demanded refund from the merchant who blamed me and declined to make a refund. I disagreed and I am about to fill in the Letter Before Claim. In the guidance for this letter, downloaded from Which? is mention of Arbitration and how this must not be ruled out. Fair enough. However this raises the following questions in my mind:
1. What if the arbitration expenses far exceed the original claim as well as the court fees? I found that the Chartered Institution of Arbitrators would charge me over £100 simply to provide names of 3 of it's members! My claim is for only £24.99!
2.Who pays it initially? Presumably the plaintiff pays. Are these costs then recoverable from the defendant?
3.What if the arbitrator does find in my favour but the defendant refuses to pay. Can I send in a Bailiff to enforce the arbitration?

waamo

If you issue a claim the court will offer mediation as part of the small claim process. This is included in the cost of launching the claim.

In saying that a small claim should be a last resort as the cost of a claim will be greater than the claim itself. Could you use a service like Resolver?

miserable_ol_so_n_so

waamo wrote: »

In saying that a small claim should be a last resort as the cost of a claim will be greater than the claim itself. Could you use a service like Resolver?

Thanks. I am looking through Resolver.

DoaM

Reasonable costs in small claims are recoverable. The claimant adds the filing fee and hearing fee (if it gets that far) to the amount claimed, plus any other reasonable (and allowable) costs in bringing the claim (e.g. postage for serving documents, travel costs for the hearing, etc.)

If the claimant wins then they get whatever costs the judge allows. (Minimum is the Claim + filing + hearing fees). If the defendant wins then the judge orders the claimant to pay the defendant's reasonable costs in defending the claim.

Solicitor fees are not allowed in small claims, except in extreme cases and as greed by the judge. Usual maximum for such fees is £50.

hollydays

miserable_ol_so_n_so wrote: »

I am about to commence recovery of full refund of an item purchased from an Amazon seller which fell apart after a few months of use. I consider it not of merchantable quality and demanded refund from the merchant who blamed me and declined to make a refund. I disagreed and I am about to fill in the Letter Before Claim. In the guidance for this letter, downloaded from Which? is mention of Arbitration and how this must not be ruled out. Fair enough. However this raises the following questions in my mind:
1. What if the arbitration expenses far exceed the original claim as well as the court fees? I found that the Chartered Institution of Arbitrators would charge me over £100 simply to provide names of 3 of it's members! My claim is for only £24.99!
2.Who pays it initially? Presumably the plaintiff pays. Are these costs then recoverable from the defendant?
3.What if the arbitrator does find in my favour but the defendant refuses to pay. Can I send in a Bailiff to enforce the arbitration?

I don't know much about amazon but can't you go direct to amazon?

miserable_ol_so_n_so

The company not found by Resolver. I have supplied their details to Resolver. If nothing happens, atleast I have tried. The next step will be a claim in the courts. I am not going to let any merchant get off the hook.

miserable_ol_so_n_so

hollydays wrote: »

I don't know much about amazon but can't you go direct to amazon?

I could I am sure. I have however heard of instances where some Amazon customers have had their accounts terminated at the behest of a merchant when all that a customer has done is returned one item! At this point in time I am not willing to risk this scenario. Once I disengage from Prime and a few other things I get from Amazon, I will try that.

hollydays

miserable_ol_so_n_so wrote: »

I could I am sure. I have however heard of instances where some Amazon customers have had their accounts terminated at the behest of a merchant when all that a customer has done is returned one item! At this point in time I am not willing to risk this scenario. Once I disengage from Prime and a few other things I get from Amazon, I will try that.

Do you have a link to those instances?
It seems you'd be using a sledgehammer to crack a nut by taking them to court.

waamo

hollydays wrote: »

Do you have a link to those instances?
It seems you'd be using a sledgehammer to crack a nut by taking them to court.

That is a very good point. As I said earlier court should be a last resort. If you haven't approached Amazon first you risk it being chucked out.

Blackbeard_of_Perranporth

£24.99. I will certainly push this against the wall tonight, have a mixed grill and be happy I spent this. Pray tell us what item of clap fell apart in your hands so quickly that you wish to take the seller to court! Perhaps this item is over six months old, so is my 50 year old dish washer. But I lap her up at least once a day and she give good service!

theonlywayisup

miserable_ol_so_n_so wrote: »

I could I am sure. I have however heard of instances where some Amazon customers have had their accounts terminated at the behest of a merchant when all that a customer has done is returned one item! At this point in time I am not willing to risk this scenario. Once I disengage from Prime and a few other things I get from Amazon, I will try that.

You need to go to Amazon not just to see if they will help and / or raise an A-Z claim, but in case you decide to take this further. Court is not the next step, contacting Amazon to assist is.