Go Outdoors court claim help please :-)

waamo

Why not post up the defence for people here to disect? There are some very knowledgable people here.

pinkshoes

jennybarton78 wrote: »

Yes thats right, the egig was charged the same day...we were camping so assumed it was just not strong enough and the phones were just flat, not broken.
Thank you

Ok, this sounds perfectly reasonable.

Just go and check the value of what you are claiming though, as you cannot claim old for new.

Greta_Sharbo

jennybarton78 wrote: »

after quoting the sale of goods act etc.

You did claim under the correct piece of law didn't you?

DoaM

pinkshoes wrote: »

as you cannot claim old for new.

I'm sure the defendant would much prefer that than new for old.

steampowered

There is nothing at all to be worried about. The directions questionnaire is a normal part of the procedure for every court claim.

You complete the directions questionnaire. When both parties have done so, the case will be allocated to a local county court to arrange a hearing. As you are an individual suing a company, this should be your local county court.

You will then get a hearing date. Along with the hearing date you will get 'directions' - these usually say that you have to send any evidence you intend to rely on at the hearing to the other side no later than 14 days before the hearing.

You then simply attend the hearing in a room with a judge. The judge listens to both parties and then either rules in your favour or not. There is nothing to be scared about - it is a straightforward process.

The next crunch point is that, after the directions questionnaire, you will be asked to pay a 'hearing fee'. I believe the current hearing fee for a case like yours is £80. The defendant normally has to pay you back for this if you win.

If you want an opinion on the legal validity of your case - it would help if you could post, word for word, what they have said in the defence as to why they say they are not liable.

I would have thought that, as the item was clearly not satisfactory quality, then the seller is in breach of contract and is therefore liable for any damage caused as a direct result of the fault.

Frankly it doesn't matter if you have made a minor mistake such as quoting the wrong law or something along those lines. You get leeway for that sort of thing in the small claims process as a litigant in person. As long as the basic facts of the situation are clear enough to the judge, and it sounds like they are, he or she will rule on your claim.

If the judge feels that you should be awarded a reduced amount due to the fact the phone was a year old - then they will just award you a reduced amount, perhaps £500 rather than £650. Again nothing to be worried about.

When you get a hearing date - that might be a very good time to contact the defendant to suggest that they might want to settle the claim and perhaps offer to accept, say, £500 plus your court fees in full and final settlement. If they say no - then you can simply proceed to the hearing and see what the judge thinks.

waamo

The court papers have a section that asks you if you will try mediation. It's probably a good idea to agree to it.

You aren't under any obligation to and no inference will be drawn if you decline it or it doesn't resolve the situation.

It will give the opportunity to potentially avoid court though.

jennybarton78

powerful_Rogue wrote: »

Ouch, thats quite a big error to make.

So phone 1 - How old and how much new?
E-cig - How old and how much new?

What was the fault with the charger? Do you have proof that the charger caused the damage?

I know, if we'd have realised it was the charger we'd have used something else.
Phone was 13 month old and £600 new, Egig was 4 month old and £50.

jennybarton78

powerful_Rogue wrote: »

Ouch, thats quite a big error to make.

So phone 1 - How old and how much new?
E-cig - How old and how much new?

What was the fault with the charger? Do you have proof that the charger caused the damage?

powerful_Rogue wrote: »

People that ask for help then avoid answering questions. Good luck trying that in court.

Sorry im not avoiding the answers, i really appreciate them but my father in law passed away last night so i wasnt online at all.

jennybarton78

Greta_Sharbo wrote: »

You did claim under the correct piece of law didn't you?

Yes sorry, ive quoted Consumer Rights Act 2015 :-)

jennybarton78

steampowered wrote: »

There is nothing at all to be worried about. The directions questionnaire is a normal part of the procedure for every court claim.

You complete the directions questionnaire. When both parties have done so, the case will be allocated to a local county court to arrange a hearing. As you are an individual suing a company, this should be your local county court.

You will then get a hearing date. Along with the hearing date you will get 'directions' - these usually say that you have to send any evidence you intend to rely on at the hearing to the other side no later than 14 days before the hearing.

You then simply attend the hearing in a room with a judge. The judge listens to both parties and then either rules in your favour or not. There is nothing to be scared about - it is a straightforward process.

The next crunch point is that, after the directions questionnaire, you will be asked to pay a 'hearing fee'. I believe the current hearing fee for a case like yours is £80. The defendant normally has to pay you back for this if you win.

If you want an opinion on the legal validity of your case - it would help if you could post, word for word, what they have said in the defence as to why they say they are not liable.

I would have thought that, as the item was clearly not satisfactory quality, then the seller is in breach of contract and is therefore liable for any damage caused as a direct result of the fault.

Frankly it doesn't matter if you have made a minor mistake such as quoting the wrong law or something along those lines. You get leeway for that sort of thing in the small claims process as a litigant in person. As long as the basic facts of the situation are clear enough to the judge, and it sounds like they are, he or she will rule on your claim.

If the judge feels that you should be awarded a reduced amount due to the fact the phone was a year old - then they will just award you a reduced amount, perhaps £500 rather than £650. Again nothing to be worried about.

When you get a hearing date - that might be a very good time to contact the defendant to suggest that they might want to settle the claim and perhaps offer to accept, say, £500 plus your court fees in full and final settlement. If they say no - then you can simply proceed to the hearing and see what the judge thinks.

Thank you :-)