Alternative Dispute Resolution

papallona

Hi all

I am in dispute with a retailer whose complaints departments has told me that my complaint is closed but that they will co-operate with a third party. Having read up on the Consumer Rights legislation, I have asked them to provide me with the details of an ADR provider so that we can proceed that way but they have declined, stating that as they are not a member of any ADR scheme then they do not have to co-operate with one.

is this the case? I am fully prepared to take this matter to the small claims court but I know it will look better (and I would prefer) if I have tried this first.

Any thoughts on how I should proceed please?

DoaM

Just go straight to court ... mediation is offered as part of the process anyway.

waamo

Without knowing who the retailer is how can anyone say if they belong to an ADR scheme or not?

As above go through the claim route.

zoob

Could we have more details about the dispute and maybe someone on here could give you advice

papallona

Thanks for the replies. As I’m going to have to go down the court route I don’t really want to start naming names on here. (I wasn’t asking if the retailer was an ADR scheme member, sorry if that wasn’t clear, just can they refuse to cooperate if they aren’t)

In a nutshell I bought fuel that was contaminated with water. I have proof of purchase, a sample of the fuel drained from my tank, and written evidence from a reputable car repair company that this was the problem and the only way that water could have entered my fuel tank. I want to be refunded for the damage and repairs.

The retailer - a large supermarket - are telling me that it cannot be them because no one else has complained, but all my fuel purchases came from them in the preceding 2 months.

The complaints team will not engage in any further discussion and will not even use the word deadlock, so my only resort now is ADR or court.

Ganga

papallona wrote: »

Thanks for the replies. As I’m going to have to go down the court route I don’t really want to start naming names on here. (I wasn’t asking if the retailer was an ADR scheme member, sorry if that wasn’t clear, just can they refuse to cooperate if they aren’t)

In a nutshell I bought fuel that was contaminated with water. I have proof of purchase, a sample of the fuel drained from my tank, and written evidence from a reputable car repair company that this was the problem and the only way that water could have entered my fuel tank. I want to be refunded for the damage and repairs.

The retailer - a large supermarket - are telling me that it cannot be them because no one else has complained, but all my fuel purchases came from them in the preceding 2 months.

The complaints team will not engage in any further discussion and will not even use the word deadlock, so my only resort now is ADR or court.

If no one else has had a problem how are you going to prove beyond doubt that the water came from the fuel pump,their solicitor is going to say its condesation or something else and not their fault.

papallona

Fair point Ganga. I can’t prove it anymore than they can disprove it, but I have a sample with a very high percentage of water and written evidence from an industry specialist repairer so that might help.
I guess I’ve got nothing to lose by giving it a go anyhow.- other than a claim fee.

DoaM

Civil court claims are judged on the balance of probabilities ... one side's evidence is more likely than not. There doesn't need to be proof beyond reasonable doubt. If the OP has a report to support their claim then it is likely that a judge will find in their favour - unless the other party can provide reasonable evidence to dispute the claim. (Condensation wouldn't lead to the issue reported).

@OP ... can you show transactions for fuel purchases from that location, and also show that there are NO fuel purchases from elsewhere? (e.g. credit card and debit card transactions history, and mileage covered in that period ... if it all lines up versus fuel economy then the other party would find it difficult to argue that the problem came from somebody else's fuel).