Advice please

AskAsk

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

neilmcl

AskAsk said:

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

Making a claim online would cost the OP £25 minimum but it's unlikely to get that far as the seller would probably offer some sort of remedy long before this.

grumbler

AskAsk said:

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

It's typically very small companies with very rare exceptions. And the fees are added to the amount they collect - as well as the court fees.

Of course, if it's a small company with no assets one has to think twice before starting legal actions.

Regardless, companies start taking you much more seriously after receiving a well written letter before action and very often settle there and then.

AskAsk

grumbler said:

AskAsk said:

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

It's typically very small companies with very rare exceptions. And the fees are added to the amount they collect - as well as the court fees.

Of course, if it's a small company with no assets one has to think twice before starting legal actions.

Regardless, companies start taking you much more seriously after receiving a well written letter before action and very often settle there and then.

the one i saw was barclays and they wouldn't cough up when the bailiffs came round.  the bailiffs couldn't really remove their furniture like they could with the smaller companies whom they can bully.  i think barclays did finally pay up, but it took a while.  there were quite a few big corporates on the show and they all took their time to cough up.  the sums were not insignificant either, something like 7k to 15k if i remember correctly.

i saw a tv program that had lots of small claims wins against estate agents for witholding deposit from students and the claimants could not get anything back as the estate agents had nothing of value in their office to take.

it is easier to win and get money from an individual than from a big company in the show.

Homer_home

AskAsk said:

grumbler said:

AskAsk said:

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

It's typically very small companies with very rare exceptions. And the fees are added to the amount they collect - as well as the court fees.

Of course, if it's a small company with no assets one has to think twice before starting legal actions.

Regardless, companies start taking you much more seriously after receiving a well written letter before action and very often settle there and then.

the one i saw was barclays and they wouldn't cough up when the bailiffs came round.  the bailiffs couldn't really remove their furniture like they could with the smaller companies whom they can bully.  i think barclays did finally pay up, but it took a while.  there were quite a few big corporates on the show and they all took their time to cough up.  the sums were not insignificant either, something like 7k to 15k if i remember correctly.

i saw a tv program that had lots of small claims wins against estate agents for witholding deposit from students and the claimants could not get anything back as the estate agents had nothing of value in their office to take.

it is easier to win and get money from an individual than from a big company in the show.

I'm frankly amazed you are basing your poor advice on the back of a TV program !

It costs £25 to take anybody to small claims court, money you get back if you win , I'm struggling to find this so called £100 you claim it will cost and yes it is much easier to get your money from a well established company like hoover which has lots of assets including money in the bank then it is from a sole trader who has no assets regardless of what ever TV program you choose to take your advice from 

Not forgetting big companies don't like negative feedback postings about how poorly they have handled a complaint especially if it reaches social media 

In future it may be best to not give advice rather than give poor advice that is wrong that also does nothing except confuse the op about their rights , don't you think?

AskAsk

Homer_home said:

AskAsk said:

grumbler said:

AskAsk said:

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

It's typically very small companies with very rare exceptions. And the fees are added to the amount they collect - as well as the court fees.

Of course, if it's a small company with no assets one has to think twice before starting legal actions.

Regardless, companies start taking you much more seriously after receiving a well written letter before action and very often settle there and then.

the one i saw was barclays and they wouldn't cough up when the bailiffs came round.  the bailiffs couldn't really remove their furniture like they could with the smaller companies whom they can bully.  i think barclays did finally pay up, but it took a while.  there were quite a few big corporates on the show and they all took their time to cough up.  the sums were not insignificant either, something like 7k to 15k if i remember correctly.

i saw a tv program that had lots of small claims wins against estate agents for witholding deposit from students and the claimants could not get anything back as the estate agents had nothing of value in their office to take.

it is easier to win and get money from an individual than from a big company in the show.

I'm frankly amazed you are basing your poor advice on the back of a TV program !

It costs £25 to take anybody to small claims court, money you get back if you win , I'm struggling to find this so called £100 you claim it will cost and yes it is much easier to get your money from a well established company like hoover which has lots of assets including money in the bank then it is from a sole trader who has no assets regardless of what ever TV program you choose to take your advice from 

Not forgetting big companies don't like negative feedback postings about how poorly they have handled a complaint especially if it reaches social media 

In future it may be best to not give advice rather than give poor advice that is wrong that also does nothing except confuse the op about their rights , don't you think?

i await the OP's outcome on the small claims. i personally do not think it is worth while going down that route in this instance.

neilmcl

AskAsk said:

Homer_home said:

AskAsk said:

grumbler said:

AskAsk said:

neilmcl said:

AskAsk said:

guys, i know all these consumer rights and so, but has anybody ever taken out a small claims in these situations against a retailer and actually won??

Not personally but there are plenty of people on these forums that have. The important point is that you should always be aware of your statutory rights,, so advising someone that there's nothing they can do is really poor advice don't you think?

i have seen tv programs 'can't pay take it away' and people win a case against companies but they don't pay up and the bailiffs are instructed to recover the debt.  it becomes very costly, so for a small cost of £100, i believe it would not be cost effective to take out a small claims case against a company.

It's typically very small companies with very rare exceptions. And the fees are added to the amount they collect - as well as the court fees.

Of course, if it's a small company with no assets one has to think twice before starting legal actions.

Regardless, companies start taking you much more seriously after receiving a well written letter before action and very often settle there and then.

the one i saw was barclays and they wouldn't cough up when the bailiffs came round.  the bailiffs couldn't really remove their furniture like they could with the smaller companies whom they can bully.  i think barclays did finally pay up, but it took a while.  there were quite a few big corporates on the show and they all took their time to cough up.  the sums were not insignificant either, something like 7k to 15k if i remember correctly.

i saw a tv program that had lots of small claims wins against estate agents for witholding deposit from students and the claimants could not get anything back as the estate agents had nothing of value in their office to take.

it is easier to win and get money from an individual than from a big company in the show.

I'm frankly amazed you are basing your poor advice on the back of a TV program !

It costs £25 to take anybody to small claims court, money you get back if you win , I'm struggling to find this so called £100 you claim it will cost and yes it is much easier to get your money from a well established company like hoover which has lots of assets including money in the bank then it is from a sole trader who has no assets regardless of what ever TV program you choose to take your advice from 

Not forgetting big companies don't like negative feedback postings about how poorly they have handled a complaint especially if it reaches social media 

In future it may be best to not give advice rather than give poor advice that is wrong that also does nothing except confuse the op about their rights , don't you think?

i await the OP's outcome on the small claims. i personally do not think it is worth while going down that route in this instance.

They probably won't need to, simply being aware of your statutory consumer rights and conveying this to the seller is enough to get the desired affect. Being ignorant of your rights because people think it's easier not to do something doesn't help anyone.

grumbler

It's worth reiterating, that unless the OP bought the item directly from Hoover, the rights are against the retailer, not Hoover.