Small Claims Court....

Chimneys4

Hello,

I am after some advice please.

I purchased some furniture off the internet and returned the items to the company as they weren't suitable for what we needed. I paid for tracked delivery and also extra protection on the postage in case the items were lost etc.

The goods arrived and were signed for by the company. I then received an email to say that a refund wouldn't be made and the goods would be destroyed as the furniture was damaged on the corner. The company was very very rude and didn't even offer any sort of refund or exchange. I advised that maybe they could speak to the courier as I paid for extra protection. The company was extremely rude and I didn't appear to be getting anywhere so I raised a claim with PayPal as this is what I used to make the transaction. (I read review in Google & Trust Pilot and a lot of people had had the same problem and ended up going through PayPal) PayPal raised the claim and advised that the company had 10 days to dispute it. The company didn't dispute it, just sent nasty emails saying that I was making an incorrect claim etc. After 10 days PayPal advised that the money would be refunded and I was eligible for a full refund. The company have now contacted my work....!!! and advised that I am being taken to court because of the claim through PayPal. I have received an email saying that I will receive court summons and asking me to pay for the amount the furniture cost me and £35 for the court proceedings.

Any advice on what I should do? This only happened yesterday and he has emailed to say the court summons is on it's way today.....would that happen?

I am not sure how legitimate it is?

Thanks for your help!

DoaM

Unless and until an actual court claim paperwork arrives with you through the post then it is all bluff and bluster - they're trying to put the "frighteners" on you.

How did they get your work details?

powerful_Rogue

If the goods came back damaged, then they can infact deduct a percentage upto 100%. Did they send you any pictures of the damage they are claiming?

I can understand them not wanting to talk to the courier, as you arranged it so the contract is between yourself and the courier

As for contacting your work, I find that unacceptable. How did they find out where you worked? Potentially could be an issue you could raise with the ICO if they have misused your private information.


Ignore anything regarding court unless you receive court paperwork.

DoaM

Good point about the courier ... OP has (had) the contract with them not the seller. Did the seller provide any photos of the damage as proof?

Ultimately I believe the seller has messed up by ignoring the Paypal claim and is simply "trying it on". If they'd responded to the claim with evidence of damage then Paypal wouldn't have found in OP's favour.

Chimneys4

Thank you. I think they are trying to scare me, which has worked a bit! It’s just an email from the director asking for money and saying that I’ll hear from the court.

The item was delivered to my work address. But was returned from my home address. He said he needed to raise the case with senior management at my place of work.

Chimneys4

The seller had 10 days to query the claim and go against it, but they ignored that....

Chimneys4

Thank you. They sent an image of the chip on the corner of the desk. They didn’t query it with PayPal yet they had 10 days to dispute it.

I tried to speak with the courier, but they said that they signed for the delivery so that’s accepting that it’s a suitable state.

The item was delivered to my place of work, so that’s why they called my work to try and speak to senior management. It was returned from my home address and they have my personal information, including my address.

DoaM

Tell them that senior management at your work have no place in any consumer contract, and to try and do so would be a breach of the GDPR. (For which they can be fined, and for which you can also make a claim in the County Court for damages).

(I presume your place of work are OK with their staff receiving personal deliveries?)

Chimneys4

I thought about GDPR....we’ve just learnt about that at work!

Yes they are. I guess something like this could stop them being OK with it though.

I guess I have to see if anything comes from it, just feel it’s maybe a scaremongering tactic.

unholyangel

powerful_Rogue wrote: »

If the goods came back damaged, then they can infact deduct a percentage upto 100%. Did they send you any pictures of the damage they are claiming?

Only if they complied with providing the OP the necessary information on the right to cancel in accordance with regulations 27 to 38 - including that unreasonable handling that diminished the value would lead to a deduction being made.

If they didn't provide that information before the OP was bound by the contract then they can't make a deduction. With a seller acting this unprofessionally, I'd hazard that its unlikely they've complied with this else they surely would have highlighted this information to the OP.



OP, if you receive a letter before action or court claim, counter claim for the data breach.

Did the retailer advise you how much it would cost to return the goods before you were bound by the contract? If not, you have a claim against them for the return costs as they need to advise you:
1) that you'll be liable for the return costs of the goods and
2) if the goods can't normally be returned by post (for example because its a large item) then they must also tell you the cost of returning the goods.

Chimneys4

It says on their website that goods can be returned for a full refund but at your cost. They didn’t advise how much it’d cost for the return.