Small Claims Court....

unholyangel

Chimneys4 wrote: »

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.

Then they're liable for return costs also.

Im presuming you ordered from their own website? Are the T&C's just available if you go looking or are you actually provided them before ordering? Did you also receive confirmation in a durable medium (information contained in an email is durable but a link to a website sent by email is not) of all that information?

If you don't mind identifying the retailer, a link to their site might help us give you more to use against them (but equally it might not, so its your choice).

Chimneys4

The terms and conditions are on there, but only if you go looking for them. Sure, the company is The White Lighthouse furniture

Thank you!

unholyangel

Customers Details
The White Lighthouse does not provide to any third party any information relating to our customers. Email addresses provided with orders may be used by the White Lighthouse to send product information or information. If you do not wish for us to email you any literature please email info@thewhitelighthousefurniture.co.uk to confirm this is the case.

You should remind them of their own terms in relation to your work And take a screenshot of the T&C's in case they do file against you.


Were you provided any additional info by email perhaps?

twhitehousescat

£35v is such a round figure , what was the value of the goods

unholyangel

twhitehousescat wrote: »

£35v is such a round figure , what was the value of the goods

£35 is the paper filing fee for claims up to £300 and the online filing fee for claims up to £500.

It doesn't sound like he's complied with pre-action protocol though (hes sent an email but emails automatically count yet) so theres a good argument against court costs being awarded. Because the consequence of not receiving that letter before claim is that court action happened where if the letter was received, they could have discussed it and perhaps agreed through ADR without incurring that filing fee.

steampowered

I would just send this person a short response explaining your position, and say that you will not engage in further correspondence. You then ignore him completely unless and until you actually receive a formal 'letter before action' or court proceedings.

I would think a counterclaim under the Protection from Harassment Act 1997 would be just as appropriate as a GDPR claim, if you wanted to go down that road.

My only hesitation is that - if the goods were damaged on receipt - I would think it would be up to you to claim compensation from the courier? Given that the courier's contract is with you, not with the business?

unholyangel

steampowered wrote: »

My only hesitation is that - if the goods were damaged on receipt - I would think it would be up to you to claim compensation from the courier? Given that the courier's contract is with you, not with the business?

I did briefly consider the courier angle but the contract with them is separate to the contract with the retailer.

Plus Im sure the OP said they had approached the courier who said the business had signed an acceptance note on delivery. While a consumer can't waive their consumer rights by signing such a note (rights which specifically state lack of conformity in the first 6 months is assumed to be inherent), the same can't be said for commercial entities.

DoaM

Ergo, if the goods were damaged on receipt back at the company then they needed to notify this immediately on the delivery acknowledgement?

steampowered

A signature would normally just acknowledge receipt. I don't think it would prove the condition of the goods, particularly something like a damaged corner.

Also note who is signing the note. A signature from the business would be ineffective to waive any rights which the consumer has against the courier.

unholyangel

DoaM wrote: »

Ergo, if the goods were damaged on receipt back at the company then they needed to notify this immediately on the delivery acknowledgement?

Pretty much. Theres also some other issues that may potentially be relied upon - such as, if they allege the goods belonged to the OP and title did not revert to them, why did they treat the goods as their own by disposing of them. Of course thats assuming they straight out said they'd be destroyed and didn't offer the OP the option.

Did they retain or take pictures of the packaging? If its been damaged in transit, the packaging would be damaged too. It could still have been damaged by the retailer in its packaging but if the packaging wasn't damaged then that would obviously indicate it wasn't during transit.

These kind of events are why I take pictures of the item itself in pristine condition, the boxed item in pristine condition and the packaged item in pristine condition - so that if the courier or retailer damage the item, I can at least prove it wasn't like that when sent.