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is this a case for the small claims court

Tumtitums · 2023-03-03 09:19:38

I bought a watch about 3 years ago and it came with a guarantee that the watch manufacturer would fix any problems for the next 5 years. In dec 2022 i sent it back to them to repair the watch strap however they said there would be a charge,. I said that i didnt agree and that the guarantee meant it would be fixed for free.…

3 March at 10:19AM in Consumer rights

31 replies 995 views

Replies

6 March at 11:17AM

DullGreyGuy Forumite
4.6K Posts

Forumite

6 March at 11:17AM

born_again said:

DullGreyGuy said:You can issue proceedings for 10p but the judge can rule its a vexatious case so not award fees

I think the taking to court is more to do with "I have not heard back from them and they haven't returned my watch."

So looking at the cost of the watch, not the repair.

Its not clear they've refused to return the watch, more that the OP didnt want them to return it unrepaired.

If the claim is simply about having the watch returned then the OP can only claim their actual loss which is a secondhand watch with a faulty strap. Given the original retail price was £120 the secondhand/faulty value is going to be very low.

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