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Comments

  • user1977 said:
    Jenni_D said:
    sienew said:
    I'd contact them twice and give them 30 days from the second email. After that I'd "dispose" of it (either use it, throw it away, donate it or sell it). Technically they can ask for it back long after that but I think most companies would agree that it's unreasonable for them to ask you to keep it longer than that, especially a fairly low value item.
    Any other option leaves the OP open to legal action.
    It's £25. There isn't going to be legal action.
    This is what I wondered, there isn't a lower limit but the filing fee starts at £35, I'm sure I've read here before that claims for very small amounts can be dismissed?  
    In the game of chess you can never let your adversary see your pieces
  • user1977
    user1977 Posts: 18,362 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    user1977 said:
    Jenni_D said:
    sienew said:
    I'd contact them twice and give them 30 days from the second email. After that I'd "dispose" of it (either use it, throw it away, donate it or sell it). Technically they can ask for it back long after that but I think most companies would agree that it's unreasonable for them to ask you to keep it longer than that, especially a fairly low value item.
    Any other option leaves the OP open to legal action.
    It's £25. There isn't going to be legal action.
    This is what I wondered, there isn't a lower limit but the filing fee starts at £35, I'm sure I've read here before that claims for very small amounts can be dismissed?  
    It doesn't really matter whether the court would take it on, it just isn't going to be worth the retailer's time pursuing it. In any event, I think it arguable that their actual loss is the cost price of the item, so not even £25.
  • user1977 said:
    user1977 said:
    Jenni_D said:
    sienew said:
    I'd contact them twice and give them 30 days from the second email. After that I'd "dispose" of it (either use it, throw it away, donate it or sell it). Technically they can ask for it back long after that but I think most companies would agree that it's unreasonable for them to ask you to keep it longer than that, especially a fairly low value item.
    Any other option leaves the OP open to legal action.
    It's £25. There isn't going to be legal action.
    This is what I wondered, there isn't a lower limit but the filing fee starts at £35, I'm sure I've read here before that claims for very small amounts can be dismissed?  
    It doesn't really matter whether the court would take it on, it just isn't going to be worth the retailer's time pursuing it. In any event, I think it arguable that their actual loss is the cost price of the item, so not even £25.
    Completely agree, I just wondered what happened with the process if someone decided to claim a small sum out of principle (which is extremely unlikely in this case)? 
    In the game of chess you can never let your adversary see your pieces
  • Jenni_D
    Jenni_D Posts: 5,469 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    user1977 said:
    user1977 said:
    Jenni_D said:
    sienew said:
    I'd contact them twice and give them 30 days from the second email. After that I'd "dispose" of it (either use it, throw it away, donate it or sell it). Technically they can ask for it back long after that but I think most companies would agree that it's unreasonable for them to ask you to keep it longer than that, especially a fairly low value item.
    Any other option leaves the OP open to legal action.
    It's £25. There isn't going to be legal action.
    This is what I wondered, there isn't a lower limit but the filing fee starts at £35, I'm sure I've read here before that claims for very small amounts can be dismissed?  
    It doesn't really matter whether the court would take it on, it just isn't going to be worth the retailer's time pursuing it. In any event, I think it arguable that their actual loss is the cost price of the item, so not even £25.
    Completely agree, I just wondered what happened with the process if someone decided to claim a small sum out of principle (which is extremely unlikely in this case)? 
    I think the phrase you're half-remembering is de minimis ... specifically:

    de minimis non curat lex ("The law does not concern itself with trifles"), a legal doctrine by which a court refuses to consider trifling matters


    It could be argued that raising a claim for an amount which is less than the cost of raising the claim could be deemed frivolous.
    Jenni x
  • Alderbank
    Alderbank Posts: 4,113 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 22 August 2022 at 2:44PM
    The small claims court can only order the return of a fixed, precise sum of money which the claimant can prove they have lost, hence the name Money Claim on Line. So strictly a transactional financial process. No ethics or principles involved.

    • It can't order an apology, explanation, admission of liability or any other statement.
    • It can't order the repair or return of any property.
    • It can't order carrying out or completing any work.

    Court officers have wide powers to 'strike out' a claim before it even comes to court.
    If a claim is struck out it no longer exists. That's that. End of. No fees are refunded.
    Grounds for strike out include:
    • where the facts are not clear (so 'I was scammed out of £7,000' would be struck out),
    • or the claim does not disclose any legally recognisable claim against the defendant,
    • or the claim does not make sense or is vexatious, scurrilous or obviously ill-founded.

    Edited to add:
    • You will spend more than £25 of your time reading all the rules and guidance and filling out the claim form. If your claim is incomplete it will be struck out.
    • In other courts such as Libel, an award of a small sum is considered to be a loss.
  • anotheruser
    anotheruser Posts: 3,485 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    Stop putting so much effort into this sort of stuff.

    You have contacted them asking for a returns slip.  If they don't get back to you, say, within a few months, then I would expect them to consider the matter closed - the value of the goods isn't worth the effort of you sending it back.
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