MSE in court,,,

Rex_Mundi

You claimed through MCOL and it was transfered to your local court? This is not normal. Don't be surprised if you find that you have to travel now to their local court.

I'm sure they're reading this thread, and it would amaze me that they haven't picked this simple fact up. They should have known this from the start.

This points to two things to me. Either the company (and/or their lawyers) are basically incompetent, or, you are not giving us all the facts.

Rex_Mundi

olly300 wrote: »

Maybe because the defendant actually has an office near where you are based or has decided they want it in your local court.

How can the following quote stand then?

mdbarber wrote: »

It seems like their objection to the hearing was the fact they have to travel a long way?

If the company are a long way away, why would they want to want to make it easier for the OP of this thread to go to court when there is no need for this?

mdbarber

Rex_Mundi wrote: »

You claimed through MCOL and it was transfered to your local court? This is not normal. Don't be surprised if you find that you have to travel now to their local court.

I'm sure they're reading this thread, and it would amaze me that they haven't picked this simple fact up. They should have known this from the start.

This points to two things to me. Either the company (and/or their lawyers) are basically incompetent, or, you are not giving us all the facts.

Well actually that is what TS's told me what would happen so i wonder how your knowledge differs from theirs (which was some of the point of my OP)?
As for "not giving the whole facts" why would i not do that?, my post was to obtain extra info to help me, telling porkies at that point would not help me at all and render any advice meaningless.
As for the incompetence of the company involved, well it was you who said that not me lol

Tozer

Rex_Mundi wrote: »

I don't believe this. It is the defendants right (and normal practice) to have the case heard in a court local to them, not the plaintiffs (your) local court. If anyone has to travel, it is you. If the case hasn't already been transfered to the companies local court, they can easily apply to have this done and it will be granted.

Not 100% right. However, if the Defendant is a limited company and the Claimant is an individual, then the presumption is reversed.

VeryTrying_2

Tozer wrote: »

Not 100% right. However, if the Defendant is a limited company and the Claimant is an individual, then the presumption is reversed.

Thanks for posting this - I was beginning to doubt my understanding of how courts are chosen. I've always understand that a private individual could use their local court, whether they were plaintiff or defendant, if the other side was a limited company.

grayme-m

VeryTrying wrote: »

Thanks for posting this - I was beginning to doubt my understanding of how courts are chosen. I've always understand that a private individual could use their local court, whether they were plaintiff or defendant, if the other side was a limited company.

Me too!

I find it hard to believe that the only reason for delay would be the cost of travelling; that's not going to go away just from a month's wait.

However, if one side wants to try to settle out of court, that's different...

jeannieblue

I feel kinda let down.........

After a very hectic week, a heavy evening of 'study' and paperwork, i was all ready and comfy for a good read...

Four weeks...

Freddie_Snowbits

And the Saga of the ICE Fitter from the SOGA Continues. Please tune in next week, when The ICE Man returns.

Please, I still want the movie rights to this.

sjaypink

jeannieblue wrote: »

I feel kinda let down.........

After a very hectic week, a heavy evening of 'study' and paperwork, i was all ready and comfy for a good read...

Four weeks...

me too! :rotfl:

ive been reading this for a couple of weeks now and was really looking foward to hearing the outcome oh well ill be back in 4 weeks :wave:

mdbarber

Freddie_Snowbits wrote: »

And the Saga of the ICE Fitter from the SOGA Continues. Please tune in next week, when The ICE Man returns.

Please, I still want the movie rights to this.

funny you should say that as a visiting friend last night suggested approaching the papers with this, he figures (he was a little merry at time), but he painted a nice story from a political angle "the state of the country today"
1 Company takes money for faulty goods and refuses refund as per SOGA
2 Company deals very badly with customer incl. re-directing his email to the "SPAM" box
3.Just before court hearing company squirms out claiming it will cost too much to travel to court
4. Company makes offer to settle but rejects counter-offer on basis it is 7p higher
(so company would rather go to court than pay an extra 7p)
Think any newspapers would pay for that kinda story?, should be cheap about £150!!