Got delivered wrong bed, they won't refund

Olokia

At the start of January I ordered a bed from a small company and they were late on delivering but they finally delivered a bed on the 29th January. The guy left and I realized that they had delivered the wrong bed. I phoned them and told them of their error and they said they would tell the manager and get back to me. After chasing for a few days I finally got hold of the manager who told me that this bed was a better model and they could be selling it for twice what I paid so I was getting a good deal and the bed I ordered was out of stock until April. Something seemed dodgy so I asked for a refund. I later looked online and this model is actually cheaper than the model I had originally bought by about £75. 

I kept having to chase them about the refund and they finally said that they would have to pick up the bed before giving a refund but they wouldn't arrange the pick up time. This was now about 3 weeks after they had delivered the bed and it was obvious that they were just hoping we would go away. I wrote a letter to them saying that they were in breach of the Consumer Rights Act because the bed was not as described and gave them a deadline to pay us back. They of course missed this deadline.

I then took them to the Small Claims Court and they missed that deadline as well, I then had the option of issuing a CCJ against them which I have been awarded today.
 I tried calling them and it was going through their system and then it said something like "The caller does not accept calls from your location" so I think they have blocked me.

I have my CCJ against them but I have a feeling they are going to ignore that as well. Can they? It's become clear that this company is a scam company and they will probably just close and reopen under a different name or something. I guess I could always go for Section 17 refund but I want this company to refund me 

neilmcl

Section 17 or Section 75?
If you've paid by credit card then there's no reason not to pursue this via a section 75 claim. You've issued court proceedings and won, there is absolutely no reason why they should now deal with you directly. If you want your money then involve the bailiffs.

Olokia

neilmcl said:

Section 17 or Section 75?

Sorry yes Section 75 and we did use a credit card but from my understanding its the credit card company paying not the bed company. Involving the bailiffs will cost extra won't it? 

DoaM

How much is the court order? If it's £600+ then engage High Court Enforcement Officers (think Here Come The Sheriffs) to collect the debt. Their costs are added to the amount claimed and they have far more powers than bailiffs. However ... you need to allow the bed company time to pay the judgment - you can't take it straight to enforcement. (The judgment will say by when they should pay it).

Paul_DNAP

Olokia said:

neilmcl said:

Section 17 or Section 75?

Sorry yes Section 75 and we did use a credit card but from my understanding its the credit card company paying not the bed company. Involving the bailiffs will cost extra won't it? 

Yes, it is an extra cost, but it is added to the amount owing IF (and that is a big if) they manage to recover the debt from the company.

neilmcl

Olokia said:

neilmcl said:

Section 17 or Section 75?

Sorry yes Section 75 and we did use a credit card but from my understanding its the credit card company paying not the bed company. Involving the bailiffs will cost extra won't it? 

So what? They credit card company are equally as liable.

[Deleted User]

How did you manage to go from starting the small claims process to getting a CCJ in 6 weeks?

photome

camelot1971 said:

How did you manage to go from starting the small claims process to getting a CCJ in 6 weeks?

I also thought it was rather quick but then again I don’t know how long it normally takes

[Deleted User]

photome said:

camelot1971 said:

How did you manage to go from starting the small claims process to getting a CCJ in 6 weeks?

I also thought it was rather quick but then again I don’t know how long it normally takes

To just send the letters back and forth to even start a claim would take over 6 weeks. 

Olokia

camelot1971 said:

photome said:

camelot1971 said:

How did you manage to go from starting the small claims process to getting a CCJ in 6 weeks?

I also thought it was rather quick but then again I don’t know how long it normally takes

To just send the letters back and forth to even start a claim would take over 6 weeks. 

You don't need to send any letters, its all done online and that makes things a lot quicker

DoaM

The court process is done online, but what about the pre-action protocol as part of the Civil Procedure Rules?