Am I likely to win a small claim?

Squigglecon

Hi, newbie here.
I was hoping to get some advice regarding applying for a small claims court thingy.
Back story. In Nov last year I bought a swegway and swegkart bundle from UK swegway online. The company based in Sheffield. Looked legit, offered a warranty etc. For my sons Xmas present. I paid £378.
Less than two weeks after Christmas the wheel came off the go kart part whilst my son was using it, injuring him. Trading standards did take this on but got nowhere. Just over a week later, the swegway itself stopped working.

I contacted UK swegways, and eventually they replied (ignored calls and emails for weeks) and agreed to collect it free of charge. We discussed the fact that the gyros had broken, which their new small print didn't cover, and the guy on the phone reassured me they would not charge if it was the gyros. (as otherwise I would refuse to return as not paying g for their inferior parts)
A little while after they emailed to say it was the gyros, and they were going to charge me £60 or they would dispose of it. They also claimed the go kart wheel was not put on properly, by me, when it's already fixed when it arrives!! (also all reviews I've ever seen, the wheel fell off)
I refused to pay.
I went through barclays charge back, but was eventually refused last week. They told me if swegway disposed of my item, they would find in my favour. They lied.

I now have nothing to show for my £378
Please please can anyone help advise. Thank you.

RoonilWazlib_2

Squigglecon wrote: »

Hi, newbie here.
I was hoping to get some advice regarding applying for a small claims court thingy.
Back story. In Nov last year I bought a swegway and swegkart bundle from UK swegway online. The company based in Sheffield. Looked legit, offered a warranty etc. For my sons Xmas present. I paid £378.
Less than two weeks after Christmas the wheel came off the go kart part whilst my son was using it, injuring him. Trading standards did take this on but got nowhere. Just over a week later, the swegway itself stopped working.

I contacted UK swegways, and eventually they replied (ignored calls and emails for weeks) and agreed to collect it free of charge. We discussed the fact that the gyros had broken, which their new small print didn't cover, and the guy on the phone reassured me they would not charge if it was the gyros. (as otherwise I would refuse to return as not paying g for their inferior parts)
A little while after they emailed to say it was the gyros, and they were going to charge me £60 or they would dispose of it. They also claimed the go kart wheel was not put on properly, by me, when it's already fixed when it arrives!! (also all reviews I've ever seen, the wheel fell off)
I refused to pay.
I went through barclays charge back, but was eventually refused last week. They told me if swegway disposed of my item, they would find in my favour. They lied.

I now have nothing to show for my £378
Please please can anyone help advise. Thank you.

They cannot restrict your statutory rights with terms and conditions.
Are you saying they admit there is a fault but they threw away the product (your belongings) because you wouldn't pay for the repair?


What did Trading Standards say? They tend to have limited involvement these days on an individual level in terms of helping you get a remedy

unholyangel

How did you pay the £378? Credit or debit card? What reason did they give for refusing the chargeback?

Squigglecon

Barclays haven't really given a reason, they just said that after reviewing the evidence they can't help. It took months for them to come to that conclusion!
Swegway say as the item was used, I can't have a refund. It does show signs of use, scratches, but nothing major. Considering its a battery powered outdoor toy, you need to balance on...
I would have accepted a free repair, replacement or refund. But I refuse to pay, it was technically a couple months old, but used for a mere few weeks.
I think Barclays only allow charge back if product is faulty when it arrives?
They told me I couldn't claim unless the company had the product, so I lost my time frame to get it back.

My son is autistic, and was distraught, so I've since bought him a new one from bluefin which has not had a single issue. It's clear the previous one was inferior. I'm fuming Ive had to spend £700 in total to get him one Xmas present!
I've all but given up, then it hits me they're laughing at me.

Squigglecon

Oh and it was a debit card transaction

Squigglecon

Their warranty covered "all internal computerised parts" within 12mths of purchase.
It still says that on the website, but on another page they say it excludes the gyros. The main part on their boards that is breaking. And an internal computerised part...

SouthUKMan

The company can write whatever they want in their small print BUT they can not override the law. As a consumer buying new goods online from a UK based retailer, you actually have very good protections in place. I can assure you that what the company has written about the gyros is a load of nonsense. It's a bit like saying "we will warranty your brand new car APART from the steering and suspension system". Based on what you've said they have acted unlawfully and unreasonably. Small claims court is the way to go.

steampowered

Yes, provided that you can convince a judge the facts are as you have explained them in your post, it sounds like you have an extremely strong case.

Companies which sell goods are required to ensure they are of 'satisfactory quality' and 'fit for purpose'. Clearly, that is not the case if the steering wheel fails after 2 weeks, and they may also be in breach of the promise to provide a 1 year warranty.

The appropriate course of action is to send the company a formal letter very briefly explaining what has gone wrong, stating that they are in breach of contract, asking for a full refund, and stating that you will be issuing a county court claim against them if a satisfactory response is not received within 14 days.

If the company does not refund you in 14 days, issue a claim through the moneyclaimonline system. It is very easy to do.

There is an extremely high chance that they will pay up when they receive the letter or when they receive the court claim form. In the unlikely event that they defend the case, you can tell the story to the judge and he/she will decide.

unholyangel

You could try asking the financial ombudsman to review your chargeback being declined. The bank need to have issued their final response or 8 weeks need to have passed before the ombudsman will get involved though and they'll only be judging it based on a chargeback basis rather than your consumer rights.

Try the ombudsman, if that doesn't work...send the company a letter before action. If that still doesn't work, then you may need to decide whether you're willing to start legal proceedings against them.

steampowered

The problem with the Ombudsman route is that you need to engage in letter tennis with the bank and either wait 8 weeks or make them give you a final response; then you can be waiting months for the Ombudsman to look at it; then the response you eventually get from the Ombudsman is frankly a lottery; then you have to chase the bank to pay up.

It is usually much quicker and simpler to go down the route of writing a 'letter before action' then issuing a court claim 14 days later.

There is a fee involved with the court route but that ultimately gets paid by the defendant when you win. The court route can also involved having to attend a short hearing at your local county court if the claim is defended, although the reality is that businesses settle the vast majority of reasonable claims as soon as a claim form hits their mat.

unholyangel

steampowered wrote: »

The problem with the Ombudsman route is that you need to engage in letter tennis with the bank and either wait 8 weeks or make them give you a final response; then you can be waiting months for the Ombudsman to look at it; then the response you eventually get from the Ombudsman is frankly a lottery; then you have to chase the bank to pay up.

It is usually much quicker and simpler to go down the route of writing a 'letter before action' then issuing a court claim 14 days later.

There is a fee involved with the court route but that ultimately gets paid by the defendant when you win. The court route can also involved having to attend a short hearing at your local county court if the claim is defended, although the reality is that businesses settle the vast majority of reasonable claims as soon as a claim form hits their mat.

OP says bank eventually declined her chargeback. And given the items originally went faulty a few weeks after christmas, I'd say its likely that both 8 weeks has passed and the bank has issued their final response (else they wouldn't have rejected her claim).

IMO its silly to bypass ombudsman in favour of court for several reasons.

1) If the ombudsman finds in your favour, that decision is legally binding on the bank
2) You're a lot more likely to get your money from the bank than a small limited company who are extremely likely to phoenix or dissolve to avoid paying even small debts.
3) The ombudsman doesn't cost anything and involves no risk whatsoever to the consumer
4) You can still take it to court if the ombudsman reject your claim however you cannot take your claim anywhere else once a court rejects it.


Anyway, if i'm looking at the correct company information, they no longer exist - they were struck off/dissolved in May this year. So OP's sole recourse would be with the bank/the financial ombudsman.