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

RoonilWazlib_2

KeithP wrote: »

You sir, are beyond help.

miserable_ol_so_n_so wrote: »

Thank you. I don't like being trampled upon by anyone. I will eventually get satisfaction, though years are rolling by and who knows if I will still be around next year, month,day.....Anyway, I have obtained a lot of information to enable me to evolve my strategy. Thank you for all your help.

Just because Keith has written it, doesn't mean he believes it.


;-)

KeithP

RoonilWazlib wrote: »

Just because Keith has written it, doesn't mean he believes it.


;-)

But in this case, he does. Believe me.

miserable_ol_so_n_so

RoonilWazlib wrote: »

Just because Keith has written it, doesn't mean he believes it.


;-)

Thanks. I will need help to commence the claim for my £24.99. The first hurdle is sending the LBC (Letter Before Claim). I have downloaded the template from Which? website. It says to enclose all the documents that I will rely upon. That will run into 50 sheets or more. These are all the email exchanges I have had with the merchant. I will have the printing done by an office services company such as Ryman etc. The printing and mailing will probably be £15 to £20. This will be added to my claim of £24.99. My question is , do I have to supply these documents in the LBC? These will have to be submitted when the actual claim is filed. There will be double the cost then as there will have to be a copy for the court. There may well be additional documents needed to support my claim. I can well see the bill rising.

waamo

Your claim is doomed to fail. If you insist on ploughing ahead it doesn't really matter what you submit, it is a hopeless cause.

miserable_ol_so_n_so

KeithP wrote: »

But in this case, he does. Believe me.

Thanks. Depending on how the director of the merchant company deals with my final plea to stop trampling over my rights, I will involve the sender of unsolicited goods. I am very confident that the director of the merchant company will see the error of the ways of his Amazon trading site, see that I had every right to reject the faulty goods and settle out of court. I will give him 3 days to make a full refund (no more, no less either) at Amazon and arrange for the collection of rejected goods. They have said that the hinge came apart because it was not tight enough! When I asked what is the torque that should been used to tighten it up to they had no idea! So if they don't know what the right amount of torque is and they certainly don't know how much torque I used how can they diagnose that it was loose?

miserable_ol_so_n_so

waamo wrote: »

Your claim is doomed to fail. If you insist on ploughing ahead it doesn't really matter what you submit, it is a hopeless cause.

With one or two exceptions, my right to pursue this claim has been recognized . The one or two exceptions included one who suggested I should forget the £24.99. Another one said I should have spent the £5 out of my pocket and purchased a metal hinge and fitted it. Why should I be the one doing all this running around and going on a spending spree?
What I will submit is evidence of their flawed diagnosis admitting in their own words that they have no idea of how much torque should have been used to install this hinge. Well, if they don't know the degree of tightness to be used, how can they say it was not tight enough? All this is in the emails exchange.
The point I need clarification about is that when I send the LBC and the documents I will be relying upon, it will almost double the initial claim. Why should I drop this claim? Why can't the other side not have to consider escalating costs and settle out of court and avoid these costs?
In my letter to the director of the merchant, I will make it clear to him that if there is no out of court settlement, the claim will be almost double the cost of the failed item. If it ever reaches a court, court costs etc will be on top. It will be his intransigence that will be responsible for escalating costs. I will give him 7 days to settle out of court. After that the claim will increase from£24.99 to cover costs of sending the LBC. Following that, if it does go to court, court etc costs will be on top.

miserable_ol_so_n_so

Duty calls. To be continued later.

waamo

Good luck. Let us know how the claim goes. If he chooses not to defend you stand a chance. Often companies neglect these things. Enforcing it might be another matter.

If he defends it all I can say is good luck.

miserable_ol_so_n_so

waamo wrote: »

Good luck. Let us know how the claim goes. If he chooses not to defend you stand a chance. Often companies neglect these things. Enforcing it might be another matter.

If he defends it all I can say is good luck.

Thank you. What do you think of my argument..."..I provided him with all the info he asked for....
having studied it he first proposed a repair actioin....asking me to tighten it....

I said it has been done previously but it works loose and proposed the 5 quid metal hinge ( the manufacturer supplies it for £12!).....he immediately blamed me for not tightening it in the first place.
As soon as he blamed me, I had no option but to reject the item. It is within 6 months of purchase and I was not going to spend the rest of my life tightening the hinge!

I finally got him to admit in an email...that he had no idea how much the torque should be let alone know how much torque I had applied....

That's where we are today. My position is that I have proven that he has made an incorrect diagnosis and not proven that I installed it incorrectly.
Someone has said....see post nos 16 and 19 that since it is within six months, I do not have to prove an inherent fault.

My position is that the repair action failed to fix the problem. I have the right to refund.
The merchant has not examined it but I provided him with all the information he asked for. That's his problem. He subsequently declined my request to refund and return of goods. He could have examined it then.
The only thing that worries me is the costs of mounting the claim. I am sure they will far exceed the £24.99.

I hope the judge does not take exception and sends me to prison for wasting his/her and the defendants time over such a small amount of claim!

I now have to pursue a thermostatic shower that came with a 10 year warranty but has developed a fault 9 years and 6 months since its installation! The manufacturer has agreed to fully honour the guarantee.....but he says he will charge for labour to travel and renew the faulty part! He cant say how much it will cost! Is this ripoff Britain?

waamo

As I said earlier court should be a last resort. Not only that but in law you have a duty to keep any loss you suffer to a minimum.

As it is a small component that has failed (£6) then that is what a court would expect to be claimed.

By providing you the component your actual loss at this point drops to £0.

He can defend on those grounds. I think a judge would be interested to know why you are using a court over a pretty trivial matter. You have had the part and you are able to fix it.

Morally you are correct, he should refund you but a court will not look at the morals of it only what the law says.