Am I likely to win a small claim?

steampowered

We must be looking at different companies unholyangel. The company listed on the bottom of the Swegway website is still trading and according to its latest accounts has more than £100k of assets (https://beta.companieshouse.gov.uk/company/09749172/filing-history).

I would do things the other way round - court against the company first, Ombudsman against the bank second if it proves impossible to proceed against the company for whatever reason.

The reason I don't like the Ombudsman is that my experience of them has been very poor. The decision seems to be a lottery, the result is often not consumer friendly (the Ombudsman seems to like awarding £50 or so for poor customer service but seems reluctant to award substantial remedies) and long delays are very common.

The reason I like court is that it gets results very quickly in 90%+ of cases like this. People do sometimes dissolve companies in an attempt to avoid court proceedings, but this is unlikely for a £400 claim against a company which is established and actively trading: the vast majority of legitimate businesses stop messing the consumer around and settle as soon as they are hit with a legal claim.

unholyangel

steampowered wrote: »

We must be looking at different companies unholyangel. The company listed on the bottom of the Swegway website is still trading and according to its latest accounts has more than £100k of assets (https://beta.companieshouse.gov.uk/company/09749172/filing-history).

I would do things the other way round - court against the company first, Ombudsman against the bank second if it proves impossible to proceed against the company for whatever reason.

The reason I don't like the Ombudsman is that my experience of them has been very poor. The decision seems to be a lottery, the result is often not consumer friendly (the Ombudsman seems to like awarding £50 or so for poor customer service but seems reluctant to award substantial remedies) and long delays are very common.

The reason I like court is that it gets results very quickly in 90%+ of cases like this. People do sometimes dissolve companies in an attempt to avoid court proceedings, but this is unlikely for a £400 claim against a company which is established and actively trading: the vast majority of legitimate businesses stop messing the consumer around and settle as soon as they are hit with a legal claim.

Weird. The one I was looking at was incorporated sometime 2015, dissolved 2017, same address but different officers. Admittedly I was using a different site as companies house doesn't give you the ability to search by address.

Yes the majority of legitimate large businesses might settle claims - sometimes including those they'd possibly win - even if just to avoid the expense & time spend defending. But typically the smaller ones are pot luck. Perhaps because they're less likely to have legal advice, less likely to know what the law is etc.

But the last accounts for that company do not show a healthy state at all - deficit of £79,942. I'd still advise going to the FoS and then considering court rather than going to court and cutting yourself off from other avenues.

steampowered

Going to court against the business would only cut the Op off from alternative routes against the business (if any?).

The Op would only be cut-off from going down the FOS route against the bank if the Op named the bank as a defendant on the court claim.

unholyangel

steampowered wrote: »

Going to court against the business would only cut the Op off from alternative routes against the business (if any?).

The Op would only be cut-off from going down the FOS route against the bank if the Op named the bank as a defendant on the court claim.

Unless they've changed their process, FoS won't provide dispute resolution services where any legal action has commenced.

Plus you only have 6 calendar months from receiving the banks final response to make a complaint to the FoS - unless the bank agrees to allow the FoS to investigate past the time limit.

Remember, a chargeback isn't a claim you make against your bank. Its a claim your bank makes on your behalf against the merchant under rules set by the card network. Those card networks usually have their own appeals process your bank can use (except you can't appeal the decision of the card network with the FoS - only the conduct of your own bank).

Squigglecon

I'm so confused

Squigglecon

Is this ok - letter before action - (used a template)



UK Swegways
127-129 Devonshire Street (The Forum)
Sheffield
S3 7SB
4 September 2017
Letter before court claim
Dear UK Swegways,
Re: faulty Swegway Kart and Hoverboard
I have not received a resolution to my issues first dated 03/01/17 regarding the faulty goods which I bought from you on 07/11/2016. This letter explained what is wrong with the goods and why I am entitled to a refund.
I am once again requesting a full refund of the purchase price of £378 on the grounds that the goods were not fit for purpose under the Sale of Goods Act. I enclose a copy of the proof of purchase.
As you are aware, issues first arose with the Swegkart when the wheel fell of during use, then shortly after the hoverboard stopped responding.
You are in receipt of both products, and as both items were faulty, through no user fault (despite obvious use) I am entitled to a refund, which as of yet you have failed to honour.
I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.
To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.
If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.
I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.
I look forward to your acknowledgement.
Yours sincerely

DoaM

Consumer Rights Act 2015 replaced the Sale of Goods Act for purchases after 1st October 2015.

Squigglecon

Oh, ok, thank you

steampowered

The letter looks good to me.

Just a minor niggle - where you say "not fit for purpose" I would add the words "or satisfactory quality".

The CRA requires that goods are both fit for purpose and satisfactory quality, so I would refer to both.