MSE in court,,,

hollydays

mdbarber wrote: »

Ello dave see you still haven't answered my questions in that post, but cant really see how that affects the case at all, it no criminal offence to be thick,lazy or rushed.

Ignorance (of the law) is no defence-have you heard that said?

dmg24

Be careful mdbarber, they will no doubt take copies of this thread too.

Are you thinking this might be a good time to bow out gracefully?

Where and when is the case being heard?! :T :T :T

CFC

OP, I wish you the best of luck and I truly hope you win. Far too many companies pull the same stunt and then don't actually refund the postage. Or alternatively 'find' that there is nothing wrong with their non functioning product and simply reship it back to you, trusting to the postage costs involved in shipping it back and forth to deter the customers from sending it back again (good money after bad)

(Not reading the terms and conditions is irrelevant, anyway, although you agreed to them legally.)

fudgeukraine

I'm afraid that with posts in your other thread such as (can't work out the quote thingy)


"i didn't make the law but i stick to it why should they be exempt just because they dont like it?"

You haven't sticked to the law - There is a clause in the SOGA that ICE have used to avoid being liable for postage charges - ICE win.

"well if my rights say i have the right to do or not do something and they write something that affects that, that is not allowed, hence the requirement of "your statuatory rights are unaffected"

Your rights (SOGA) say that ICE can have a clause in their T & C that overrides the liability of postage cost - ICE win.

"damm we are getting mystical here actually i don't think taking £86.00 and having me pursue you for it is really an "upper hand" for taht i would want a lot more money lol
so as always truth is just a perspective"

You won't get any money (i presume compensation/expenses), since you're in the legal wrong and have no legitimate defence.

"TBH i didnt even read the terms and conditions so i cant have agreed to anything but i did check to see if they had the statutory notice, thats all
Its all far too late for this dude"

You're !!!!!!ed, basically. As someone else has said, ignorance of the law isn't an excuse. It isn't too late to cancel/withdraw the court date to avoid looking stupid and losing.


After Brooker Dave says "I don't think it works like that" - "How would i know, but thats another question we will get answered on the 30th lol"

You know it by taking the legal advice, reading the T & C and SOGA and understanding that you're in the wrong. In the legal world, pleading ignorance will not get you off.

"...now u can see where i get my interest in consumer rights from"

You may have an interest in them, but unfortunately you in this case are wrong with them.

I don't know if this is blindness OP, but you seem to think that you are right and ICE are wrong, despite all the evidence and arguments against you. If I were you I would withdraw the court date, return the stereo and kindly request the refund of postage. You have to understand that ICE are under no obligation to refund this and since you've (wrongly) threatened them with court then they probably won't refund this, but If you want to come out of this the same as you went in then try for this. You wn't get the £30-odd fee for the court refunded and in my opinion you're stupid and stubborn for pursuing this. Have you even got a legal defence prepared, because I would love to hear it!

Here's hoping you keep us posted with the outcome on the 30th and don't avoid posting when you inevitably lose the case and are even more out of pocket.

mdbarber

hey guys, wow all the pros are here yet none of them know anything new
sorry dmg, no i'm not thinking of bowing out and i don't do graceful lol, i have no doubt this is the right thing to do

fudgeukraine

But what actually makes you think you are right? You haven't presented any evidence that proves you in the right and all the SOGA & T & C back up that you are wrong.

I know that you believe personally that you're right, but I don't know how much of that is blindness or stubborness. Unfortunately, in the eyes of the law, are not right and just going to court and pursuing it is a waste of time, money, and will just make you feel stupid when it's spelled out that you're wrong.

Back out now, is my advice!

hollydays

back out..or get some legal advice properly..it's looking bad for you..

mdbarber

oh i have presented evidence i'm right, its just not in my interest to decypher it right now

mpython

mdbarber,

Based on your original thread, I think there's a real risk of you losing your case. If you go ahead with the case having been advised that you will lose, the court may decide you are deliberately wasting their time or that its a fallacious case and therefore may find you liable for ICE's reasonable costs for defending themselves. I.E you may have to pay their legal costs which could be hundreds of pounds (I doubt the judge would allow them to have a barrister or QC to defend them which would be tens of thousands of pounds).

Its ultimately your call, but if you're clever enough to fill out a small claims court form and represent yourself, I doubt a judge would believe that you are too dim to understand T&Cs that you signed - even if you didn't read them as you admitted in the original thread.

mdbarber

mpython wrote: »

mdbarber,

Based on your original thread, I think there's a real risk of you losing your case. If you go ahead with the case having been advised that you will lose, the court may decide you are deliberately wasting their time or that its a fallacious case and therefore may find you liable for ICE's reasonable costs for defending themselves. I.E you may have to pay their legal costs which could be hundreds of pounds (I doubt the judge would allow them to have a barrister or QC to defend them which would be tens of thousands of pounds).

Its ultimately your call, but if you're clever enough to fill out a small claims court form and represent yourself, I doubt a judge would believe that you are too dim to understand T&Cs that you signed - even if you didn't read them as you admitted in the original thread.

or going by those arguments the court may decide i really am stupid and feel sorry for me thus awarding me the case