MSE in court,,,

ElegantlyWasted

If the OP is serious, then he's about to take a rather nasty fall.

I've only just read the previous thread, but it's apparent from that, the car stereo site's t&c's and the SOGA, that he's completely in the wrong here, and is aggressive and patronising to the people telling him this. The constant repetition about statutory rights too... :rolleyes:


If you'd bought something in a shop (as opposed to online), and it broke, would you expect a member of staff from the shop to collect it from your home, and replace/refund it? No, you'd take the item back to the shop.

This is exactly the same thing, only because the store is online (and presumably a fair distance from where the OP lives), the item therefore needs to be posted. The company aren't charging you to return it, Royal Mail (or the courier service) are. I imagine if the company was in the same town as you, they'd tell you to bring it in to be replaced or refund you.

Someone let me know when we learn where the case will be. Think I'll bring along some popcorn

Bamber19

You seem to be using the "It doesn't say that anywhere" defence when told you don't have this right that you think you have. The reality is that you don't have a right to have the postage paid for at this stage, not because it is expressly written in any act that you don't have this right, but because it is not expressly written in any act that you do. Much in the same way that you do not currently owe me £20, it's because there's no reason that you do, or any valid claim or right owed to me...not because the MSE Act 2008 says "mdbarber does not owe Bamber19 £20"

Perhaps the right you are !!!!!!!ising is that which states a seller must bear the cost of repair (including materials and postage) but it would not be reasonable, nor is it stated, that the seller must incur this cost before ascertaining that an item is faulty in fact, this isn't even possible as the right does not exist until it has been established that an item is faulty and requires repair.

Iamthesmartestmanalive

Bamber19 wrote: »

You seem to be using the "It doesn't say that anywhere" defence when told you don't have this right that you think you have. The reality is that you don't have a right to have the postage paid for at this stage, not because it is expressly written in any act that you don't have this right, but because it is not expressly written in any act that you do. Much in the same way that you do not currently owe me £20, it's because there's no reason that you do, or any valid claim or right owed to me...not because the MSE Act 2008 says "mdbarber does not owe Bamber19 £20"

Perhaps the right you are !!!!!!!ising is that which states a seller must bear the cost of repair (including materials and postage) but it would not be reasonable, nor is it stated, that the seller must incur this cost before ascertaining that an item is faulty in fact, this isn't even possible as the right does not exist until it has been established that an item is faulty and requires repair.

That rant makes absolutly no sense at all

Why should they pay before they have ascertained a fault

Face it no matter how many times you try and claim different you have no case

!!!!!!s like you are the reason so much public money gets wasted and you clearly deserve a massive legal bill

dmg24

Iamthesmartestmanalive wrote: »

That rant makes absolutly no sense at all

Why should they pay before they have ascertained a fault

Face it no matter how many times you try and claim different you have no case

!!!!!!s like you are the reason so much public money gets wasted and you clearly deserve a massive legal bill

I think you have got confused smartest ... that post is not from the OP (though I agree there are parts of it that don't make sense)! :eek:

123oleary

how did ice get a copy of the post?

dmg24

123oleary wrote: »

how did ice get a copy of the post?

Probably because when you Google 'incarexpress' it is the third result?!

Bamber19

Iamthesmartestmanalive wrote: »

That rant makes absolutly no sense at all

Why should they pay before they have ascertained a fault

Face it no matter how many times you try and claim different you have no case

!!!!!!s like you are the reason so much public money gets wasted and you clearly deserve a massive legal bill

Perhaps it's not the clearest but read through properly and you'll see that i'm saying the exact opposite of what you're claiming I am.

Nowhere have I said they should pay before ascertaining a fault, the complete opposite in fact but don't let that stand in the way of a brash response.

" it would not be reasonable, nor is it stated, that the seller must incur this cost before ascertaining that an item is faulty"

there's your clue, I was simply pointing out that there is, within the SOGA, a section that says a seller must incur the cost of repair and postage where an item is faulty, but adding that the right exists only where the item actually is faulty and as such it would not be reasonable to expect the seller to incur postage costs before they've established the item actually is faulty.


I also included a crap analogy, simply to confuse matters as mdbarber seems to think that because it is not expressly written that she/he doesn't have a right to have the postage paid for her upfront then she must have the right, of course this is ridiculous, you can't establish a case on the back of an assumption that a right exists, simply because no law says it doesn't.

I've probably just confused you further.

grayme-m

Iamthesmartestmanalive wrote: »

That rant makes absolutly no sense at all

Why should they pay before they have ascertained a fault

Face it no matter how many times you try and claim different you have no case

!!!!!!s like you are the reason so much public money gets wasted and you clearly deserve a massive legal bill

I understood his post, how come you didn't? :rotfl:

mdbarber

dmg24 wrote: »

Probably because when you Google 'incarexpress' it is the third result?!

Wow impressive for a muppet

dmg24

mdbarber wrote: »

Wow impressive for a muppet

Is that the best you can come up with mdbarber? Is that what you are going to say to the judge when you cannot answer his questions? :rolleyes: