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County court claim for goods not received
Rachfarn1
Forumite 26 Posts
I have had a letter from the county court stating I am being sued over an order I placed last June. Order was cancelled within 24 hours of being placed. If I lose the case does the claimant have to give me the goods ordered as he is stating that he wants full payment as they are bespoke and cannot be sold to anyone else ?
EDIT ** I'm not looking for opinions on the court case, I have already sourced help in that department. Purely looking for people's experiences of whether goods will be received if we are made to pay.
EDIT ** I'm not looking for opinions on the court case, I have already sourced help in that department. Purely looking for people's experiences of whether goods will be received if we are made to pay.
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Replies
1. What was it that you ordered? Was it personalised and customised to your specific requirements? Or were they off the peg options?
2. What was the sellers cancellation policy? For clearly personalised goods there is no automatic right to cancel, but some do give a window within to do so.
3. How were you able to get a refund? Did the seller willingly give you one or did you go through someone else?
I'm not positive on this, but I don't think they have to provide you with the goods if you lose in court. If it is a custom made item personalised to your requirements and you did not cancel the order within their specific time frame (if they gave one) then you may still be liable to pay for it, whether you want the goods or not. This may be different if they agreed to the refund though. So if it goes to court and it's found in the seller's favour, they probably won't have to give you the goods unless they are feeling generous. If I'm wrong on this, I'm sure someone else can advise.
If it was a personalised item I would pay up before it goes to court and ask the seller to send you the goods. If they've made it specifically for you, they've put time, money and effort into this item you requested that they can't recoup so it's the honest thing to do.
He came to our house to show us the pictures on a memory stick at 8pm and we ordered some to be framed. I then phoned him the following morning at 9.30am to cancel the order. I purchased one picture from him that arrived 3 weeks later that was paid in full.
Why not settle before it goes to court? It would be a much more sensible option.
Obviously if you pay they have to give you the goods!
Did you invite the seller/business to your house or was it a cold call?
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
Why would I settle before court. Order was cancelled, of which I have proof.
In saying that is it possible to see the t&c's you agreed to?
The posts suggest settling in court for a number of reasons, the costs involved, the potential low chance of success plus by settling direct arrangements could be made to have obtain the items you agreed to purchase (if they are still available).
Settling is not an option at present as he is asking over £1000.
Photos were taken in June 2018.
There is nothing to stop you negotiating before court. In fact the court encourages this. Mediation will actually be offered as part of the court process.
Why not open up some meaningful dialogue? Try offering £200 and not having the pictures as an opener and see what he says.