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County court claim for goods not received

edited 3 April 2019 at 7:43AM in Consumer Rights
58 replies 2.8K views
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  • Rachfarn1Rachfarn1 Forumite
    26 posts
    If you placed an order with asda and then cancelled it, then month later they said right you have to pay us anyway even though you cancelled would you pay ?
  • edited 3 April 2019 at 8:39AM
    DoaMDoaM Forumite
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    edited 3 April 2019 at 8:39AM
    What can be evidenced in writing*, by both yourself and the claimant, to support the defence/claim? That's what a judge will base the judgment on ... hearsay evidence (verbal only) is difficult to prove and thus convince a judge that it is true.

    * Emails and Texts are OK, as long as there's no evidence of tampering.

    But to answer your original question ... the claimant cannot claim both the money AND retain the goods. He must provide the service and goods contracted if he's expecting payment for it.
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  • waamowaamo Forumite
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    Rachfarn1 wrote: »
    If you placed an order with asda and then cancelled it, then month later they said right you have to pay us anyway even though you cancelled would you pay ?

    If they issued a court claim and it was extremely likely I would lose then I might take a pragmatic approach and minimise my loses.

    I understand you have principles but principles cost. Personally I would rather keep about £800 in my back pocket and also avoid the stress and strain of the court process. I don't know your circumstances but actually taking time to attend a hearing has a cost in itself.
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  • Rachfarn1Rachfarn1 Forumite
    26 posts
    If I have to pay the money I will source it, that's not my issue. All I want to know is if I'm going to pay a large amount of money to have nothing to show for it?
  • waamowaamo Forumite
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    Rachfarn1 wrote: »
    If I have to pay the money I will source it, that's not my issue. All I want to know is if I'm going to pay a large amount of money to have nothing to show for it?

    That's been answered. If you want to defend this do you want assistance? There are plenty of people here who can help.

    Do you have a copy of the t&c's you agreed to? I'm not saying you don't have a defence, you may well have. If you have let's see if we can hone it to near perfection.
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  • Angus_OgAngus_Og Forumite
    329 posts
    Rachfarn1 wrote: »
    If you placed an order with asda and then cancelled it, then month later they said right you have to pay us anyway even though you cancelled would you pay ?

    If this is your thinking you are in trouble for a number of reasons.

    It would appear there is more to this story than meets the eye.

    But at the very least you entered a contract and you can't just cancel the contract unilaterally.

    One other question is this a B2B contract?
  • Rachfarn1Rachfarn1 Forumite
    26 posts
    Thank you, I have both texts and emails as well as a receipt saying nil balance owing.
  • Rachfarn1Rachfarn1 Forumite
    26 posts
    Not sure what more to the story you are referring too, I have stated all there is to know.
    I'm not looking for help with the defence, I have an appointment with a solicitor on Monday to draft that but Thank you for the offer.
  • waamowaamo Forumite
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    Rachfarn1 wrote: »
    Thank you, I have both texts and emails as well as a receipt saying nil balance owing.

    Have you got a copy of the t&c's? If so can you show them? What is the receipt for? You say you actually paid for the photo shoot so is it for that?
    This space for hire.
  • Rachfarn1Rachfarn1 Forumite
    26 posts
    Sorry I thought I was replying to the individuals not on the whole thread, to Angus no it's not b2b if that refers to business, I'm not sure if he is a registered business though I would assume he is bit I'm not linked with a business.
    To was no I can't post the t&c as his name is all over them and I can't post that on a public forum.
    To everyone that has answered my question Thank you.
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