Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 2:03 AM
    • 26Posts
    • 0Thanks
    Rachfarn1
    County court claim for goods not received
    • #1
    • 3rd Apr 19, 2:03 AM
    County court claim for goods not received 3rd Apr 19 at 2:03 AM
    I have had a letter from the county court stating I am being sued over an order I placed last June. Order was cancelled within 24 hours of being placed. If I lose the case does the claimant have to give me the goods ordered as he is stating that he wants full payment as they are bespoke and cannot be sold to anyone else ?
    EDIT ** I'm not looking for opinions on the court case, I have already sourced help in that department. Purely looking for people's experiences of whether goods will be received if we are made to pay.
    Last edited by Rachfarn1; 03-04-2019 at 7:43 AM.
Page 1
    • deethebee
    • By deethebee 3rd Apr 19, 3:28 AM
    • 233 Posts
    • 42 Thanks
    deethebee
    • #2
    • 3rd Apr 19, 3:28 AM
    • #2
    • 3rd Apr 19, 3:28 AM
    Would you be able to provide a bit more information to help people best answer your question? My questions would be:

    1. What was it that you ordered? Was it personalised and customised to your specific requirements? Or were they off the peg options?

    2. What was the sellers cancellation policy? For clearly personalised goods there is no automatic right to cancel, but some do give a window within to do so.

    3. How were you able to get a refund? Did the seller willingly give you one or did you go through someone else?

    I'm not positive on this, but I don't think they have to provide you with the goods if you lose in court. If it is a custom made item personalised to your requirements and you did not cancel the order within their specific time frame (if they gave one) then you may still be liable to pay for it, whether you want the goods or not. This may be different if they agreed to the refund though. So if it goes to court and it's found in the seller's favour, they probably won't have to give you the goods unless they are feeling generous. If I'm wrong on this, I'm sure someone else can advise.

    If it was a personalised item I would pay up before it goes to court and ask the seller to send you the goods. If they've made it specifically for you, they've put time, money and effort into this item you requested that they can't recoup so it's the honest thing to do.
    Last edited by deethebee; 03-04-2019 at 3:37 AM.
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 4:13 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    • #3
    • 3rd Apr 19, 4:13 AM
    • #3
    • 3rd Apr 19, 4:13 AM
    The item was never paid for, it's photographs. The seller stated on his terms and conditions that no items are produced without full payment received so we don't know if the pictures were ever printed.
    He came to our house to show us the pictures on a memory stick at 8pm and we ordered some to be framed. I then phoned him the following morning at 9.30am to cancel the order. I purchased one picture from him that arrived 3 weeks later that was paid in full.
    • waamo
    • By waamo 3rd Apr 19, 7:06 AM
    • 8,222 Posts
    • 11,259 Thanks
    waamo
    • #4
    • 3rd Apr 19, 7:06 AM
    • #4
    • 3rd Apr 19, 7:06 AM
    Ouch. He would appear to have a very strong case against you. I presume from what you say he also took the pictures?

    Why not settle before it goes to court? It would be a much more sensible option.
    This space for hire.
    • pinkshoes
    • By pinkshoes 3rd Apr 19, 7:15 AM
    • 16,739 Posts
    • 23,221 Thanks
    pinkshoes
    • #5
    • 3rd Apr 19, 7:15 AM
    • #5
    • 3rd Apr 19, 7:15 AM
    I have had a letter from the county court stating I am being sued over an order I placed last June. Order was cancelled within 24 hours of being placed. If I lose the case does the claimant have to give me the goods ordered as he is stating that he wants full payment as they are bespoke and cannot be sold to anyone else ?
    Originally posted by Rachfarn1
    Obviously if you pay they have to give you the goods!

    Did you invite the seller/business to your house or was it a cold call?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 7:33 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    • #6
    • 3rd Apr 19, 7:33 AM
    • #6
    • 3rd Apr 19, 7:33 AM
    Met him at a craft fair, paid a fee for photos to be taken. Photo shoot at local park then viewing of pictures taken at my house. He does not have a business location for viewings.
    Why would I settle before court. Order was cancelled, of which I have proof.
    • waamo
    • By waamo 3rd Apr 19, 7:38 AM
    • 8,222 Posts
    • 11,259 Thanks
    waamo
    • #7
    • 3rd Apr 19, 7:38 AM
    • #7
    • 3rd Apr 19, 7:38 AM
    Settling before court will be a heck of a lot cheaper than losing in court. Frankly I don't rate your chances highly in court.

    In saying that is it possible to see the t&c's you agreed to?
    Last edited by waamo; 03-04-2019 at 7:40 AM.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 7:40 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    • #8
    • 3rd Apr 19, 7:40 AM
    • #8
    • 3rd Apr 19, 7:40 AM
    Thank You for your opinion but wasn't the point in question. I asked about the goods not my chances.
    • Bermonia
    • By Bermonia 3rd Apr 19, 7:58 AM
    • 857 Posts
    • 772 Thanks
    Bermonia
    • #9
    • 3rd Apr 19, 7:58 AM
    • #9
    • 3rd Apr 19, 7:58 AM
    Depends how long ago all this was... as would be unreasonable to expect seller to store your items indefinitely at a potential cost to them.

    The posts suggest settling in court for a number of reasons, the costs involved, the potential low chance of success plus by settling direct arrangements could be made to have obtain the items you agreed to purchase (if they are still available).
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 8:07 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    The items have not to our knowledge been produced, all he has at present is digital files. Once payment has been received he prints the photos and has them framed.
    Settling is not an option at present as he is asking over 1000.
    Photos were taken in June 2018.
    • waamo
    • By waamo 3rd Apr 19, 8:23 AM
    • 8,222 Posts
    • 11,259 Thanks
    waamo
    The items have not to our knowledge been produced, all he has at present is digital files. Once payment has been received he prints the photos and has them framed.
    Settling is not an option at present as he is asking over 1000.
    Photos were taken in June 2018.
    Originally posted by Rachfarn1
    There is nothing to stop you negotiating before court. In fact the court encourages this. Mediation will actually be offered as part of the court process.

    Why not open up some meaningful dialogue? Try offering 200 and not having the pictures as an opener and see what he says.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 8:29 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    If you placed an order with asda and then cancelled it, then month later they said right you have to pay us anyway even though you cancelled would you pay ?
    • DoaM
    • By DoaM 3rd Apr 19, 8:36 AM
    • 8,149 Posts
    • 7,968 Thanks
    DoaM
    What can be evidenced in writing*, by both yourself and the claimant, to support the defence/claim? That's what a judge will base the judgment on ... hearsay evidence (verbal only) is difficult to prove and thus convince a judge that it is true.

    * Emails and Texts are OK, as long as there's no evidence of tampering.

    But to answer your original question ... the claimant cannot claim both the money AND retain the goods. He must provide the service and goods contracted if he's expecting payment for it.
    Last edited by DoaM; 03-04-2019 at 8:39 AM.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • waamo
    • By waamo 3rd Apr 19, 8:41 AM
    • 8,222 Posts
    • 11,259 Thanks
    waamo
    If you placed an order with asda and then cancelled it, then month later they said right you have to pay us anyway even though you cancelled would you pay ?
    Originally posted by Rachfarn1
    If they issued a court claim and it was extremely likely I would lose then I might take a pragmatic approach and minimise my loses.

    I understand you have principles but principles cost. Personally I would rather keep about 800 in my back pocket and also avoid the stress and strain of the court process. I don't know your circumstances but actually taking time to attend a hearing has a cost in itself.
    This space for hire.
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 8:47 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    If I have to pay the money I will source it, that's not my issue. All I want to know is if I'm going to pay a large amount of money to have nothing to show for it?
    • waamo
    • By waamo 3rd Apr 19, 9:11 AM
    • 8,222 Posts
    • 11,259 Thanks
    waamo
    If I have to pay the money I will source it, that's not my issue. All I want to know is if I'm going to pay a large amount of money to have nothing to show for it?
    Originally posted by Rachfarn1
    That's been answered. If you want to defend this do you want assistance? There are plenty of people here who can help.

    Do you have a copy of the t&c's you agreed to? I'm not saying you don't have a defence, you may well have. If you have let's see if we can hone it to near perfection.
    This space for hire.
    • Angus Og
    • By Angus Og 3rd Apr 19, 9:13 AM
    • 318 Posts
    • 864 Thanks
    Angus Og
    If you placed an order with asda and then cancelled it, then month later they said right you have to pay us anyway even though you cancelled would you pay ?
    Originally posted by Rachfarn1
    If this is your thinking you are in trouble for a number of reasons.

    It would appear there is more to this story than meets the eye.

    But at the very least you entered a contract and you can't just cancel the contract unilaterally.

    One other question is this a B2B contract?
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 9:20 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    Thank you, I have both texts and emails as well as a receipt saying nil balance owing.
    • Rachfarn1
    • By Rachfarn1 3rd Apr 19, 9:23 AM
    • 26 Posts
    • 0 Thanks
    Rachfarn1
    Not sure what more to the story you are referring too, I have stated all there is to know.
    I'm not looking for help with the defence, I have an appointment with a solicitor on Monday to draft that but Thank you for the offer.
    • waamo
    • By waamo 3rd Apr 19, 9:24 AM
    • 8,222 Posts
    • 11,259 Thanks
    waamo
    Thank you, I have both texts and emails as well as a receipt saying nil balance owing.
    Originally posted by Rachfarn1
    Have you got a copy of the t&c's? If so can you show them? What is the receipt for? You say you actually paid for the photo shoot so is it for that?
    This space for hire.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

685Posts Today

6,777Users online

Martin's Twitter