Need advice - small claims or 21 day notice

Okell

@Gix - As I said in my edit to my first post, I don't understand why CAB haven't explained this better to you.  I suspect you may have been dealing with somebody relatively inexperienced or a trainee(?).

My own view is that if your supplier has failed to respond in a satisfactory way to the breach of contract letter, then you need to decide if you want to go to the hassle of suing them.  That's up to you.  It obviously requires some effort and investment of time on your part, but the system is meant to be set up to enable you to do so with relative ease.

Google "money claim on-line" and decide if you want to pursue it.

If you decide that you do want to go ahead, you need to send your supplier a "Letter Before Claim" putting them on notice that if they don't pay up within a nn days* then you will issue a court claim against them.

Like @eskbanker, my understanding is that CAB referring your issue to Trading Standards will not assist you in any way.  It might be something on a CAB flowchart that for internal purposes they will refer it to TS if a trader fails to comply with a "breach of contract" letter, but it won't help you in your situation so far as I'm aware.

As per eskbanker, go back to CAB, tell them what you've been told here, and ask them to explain clearly to you why you need to wait for TS to make contact with you before proceeding with a Letter Before Claim.

And if you don't understand what they've told you, ask them to explain again or ask to speak to someone else.


* nn days I would suggest is a minimum of 14 days up to a max of 28.  Up to you.

sheramber

it is useful to try and assess whether there is a possibilty of getting your money before you go ahead with a claim.

is this a limited company?

if so, you are dealing with/ suing  the company, not the person.

if it a limited company you can check thier financial situation on Companies House website.

You can check who owns his house, if you have his home address, on the Land Registry site.

Gix

Ok, little bit of an update.
I had trading standards call me today. They said they could not disclose too much information but it would be safe to assume I am not the only one taken in by this company.  I told him I was advised not to send a 'letter before action' prior to him calling but he said that wasn't the best advice from CAB. He said I must make this guy know I intend to sue him in as many ways as possible. Print off the letter, photograph and text it to him, post it registered to all addresses, email, hand deliver it any method possible. He then said to call him back after 14 days but also added that speed is paramount.
However, when I got home I decided to call my bank as I filled out an online fraud request last week but had not heard anything back. Talking to the bank fraud team and going over what I had sent them, they said that as he had not delivered anything this would be classed as fraud and I would get a refund within the next 15 days - so that is good. Thank you TSB.
I guess with that in mind it is pointless sending the letter - or should I do it anyways, just in case?

Also a lesson to be learned here, i suppose - always check with your bank fraud team first. If I had gone to them first it would have saved me a lot of stress and sleepless nights.

Forgot to add - thank you to all who offered advice on here

Okell

Well done!

If you are 100% convinced that your bank are going to refund you, then you can't issue a Letter Before Claim against the trader as you will be recovering your loss from your bank.

But have you got written confirmation from your bank that they will definitely refund you?

If the bank does give you confirmation I would inform Trading standards as a matter of courtesy that you won't be suing the trader.

Gix

Okell said:

Well done!

If you are 100% convinced that your bank are going to refund you, then you can't issue a Letter Before Claim against the trader as you will be recovering your loss from your bank.

But have you got written confirmation from your bank that they will definitely refund you?

If the bank does give you confirmation I would inform Trading standards as a matter of courtesy that you won't be suing the trader.

Thanks, bank has reimbursed me today after a quick 5 minute phone call. Wish I had called them weeks ago now.
I will be calling TS tomorrow to advise of this, and obvs will not now be issuing a letter