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

NCC-1707

miserable_ol_so_n_so wrote: »

...Sorry if my posts have given any other impression.

Oh we've got an impression all right.

lovinituk

miserable_ol_so_n_so wrote: »

I am intrigued by this answer. Surely if I did obtain judgement, even if by default, then my understanding is that I can engage a bailiff to collect not just the award but the Bailiffs costs as well. The bailiff would have the right to collect the payment or to remove items from the defender to be sold.

Bailiffs are not always successful with getting anything...money or goods. Worst case scenario you could be left with the costs of instructing bailiffs on top of everything else and get nothing back.

waamo

lovinituk wrote: »

Bailiffs are not always successful with getting anything...money or goods. Worst case scenario you could be left with the costs of instructing bailiffs on top of everything else and get nothing back.

Indeed. Bailiffs may well find he runs out of a shed with very few assets they can take. Many of these one man bands simply get an order in then have it shipped from China straight to the customer.

miserable_ol_so_n_so

waamo wrote: »

Indeed. Bailiffs may well find he runs out of a shed with very few assets they can take. Many of these one man bands simply get an order in then have it shipped from China straight to the customer.

The merchant is a large chain of builders merchants. He has an Amazon shop. That is where I bought it from. On Amazon.

miserable_ol_so_n_so

lovinituk wrote: »

Bailiffs are not always successful with getting anything...money or goods. Worst case scenario you could be left with the costs of instructing bailiffs on top of everything else and get nothing back.

The merchant is a large chain of nationwide builders merchants with an out let on Amazon.

miserable_ol_so_n_so

DoaM wrote: »

You don't need to include the actual documents with your LBC. You just need to refer to documentation that you'll refer to in any subsequent claim.

The LBC simply needs to state:

What is the issue
What resolution you're seeking
When that resolution needs to happen by
What your next steps will be if no resolution is agreed (and reference to the evidence you'll use in any claim).

I revisited the Which? website concerning the LBC. http://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

The fourth bullet reads:"copies of the key documents that you'll use to support your case".
I knew when I wrote my post that this is what it said.

The template itself says "Listed below are the documents on which I intend to rely in my claim against you:

Are you able to throw some light on this subject? Do I need to supply the documents? If I have to, it will cost about 10 to 15 pounds. Lot of documents.

KeithP

miserable_ol_so_n_so wrote: »

I revisited the Which? website concerning the LBC. http://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

The fourth bullet reads:"copies of the key documents that you'll use to support your case".
I knew when I wrote my post that this is what it said.

The template itself says "Listed below are the documents on which I intend to rely in my claim against you:

Are you able to throw some light on this subject? Do I need to supply the documents? If I have to, it will cost about 10 to 15 pounds. Lot of documents.

So Which have given you their opinion on what a LBA should look like.

Here is CAB's opinion:

CAB - Write a letter before action

Their sample LBA is very simple.

Consider using their template.

My opinion is that a LBA should rarely, if ever, be longer that one side of an A4 sheet of paper.

miserable_ol_so_n_so

KeithP wrote: »

So Which have given you their opinion on what a LBA should look like.

Here is CAB's opinion:

CAB - Write a letter before action

Their sample LBA is very simple.

Consider using their template.

My opinion is that a LBA should rarely, if ever, be longer that one side of an A4 sheet of paper.

Thanks. Short, to the point. Will be posted tomorrow.

miserable_ol_so_n_so

powerful_Rogue wrote: »

What a palava over £25.

The time its going to take, as well as the time you have spent on it - plus the 50 sheets of 'evidence' you are going to print out, is it really worth it?

I'm all for standing up for my rights, however an hour at work for me would pay for a replacement items. It would take many many more hours to take this to court and still with a good chance of losing.

Thanks. If everyone were to knuckle under, the rogue traders would surely flourish. The small claims courts were introduced (in the 70's I believe) to simplify the process of making a claim. The process for making a claim that is less than the court fee (£40 it is I think) could be further simplified to tackle traders who might be relying on customer lethargy or apathy in doggedly pursuing small claims.

glentoran99

this is the best thread ever, please keep us updated