Manufacturer warranties.
Comments
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miserable_ol_so_n_so wrote: »My final question is, if this were to happen, will the court award my court costs?
Sorry, the only person who can answer that with any degree of certainty is the judge hearing the facts of the case as it is at their discretion.
I certainly wouldn't recommend anyone spend the hours required preparing and attending, pay out for the filing & hearing fee as well as risking having to pay the other sides costs all for the maximum "profit" of £20. But of course it would be coming out of your pocket so you're free to proceed as you wish.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »Sorry, the only person who can answer that with any degree of certainty is the judge hearing the facts of the case as it is at their discretion.
I certainly wouldn't recommend anyone spend the hours required preparing and attending, pay out for the filing & hearing fee as well as risking having to pay the other sides costs all for the maximum "profit" of £20. But of course it would be coming out of your pocket so you're free to proceed as you wish.
What costs can I have to pay the other side?....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
They could be substantial if your conduct is deemed 'unreasonable'.miserable_ol_so_n_so wrote: »What costs can I have to pay the other side?0 -
This is all very depressing. These people are crooks and it looks like nothing can be done about them. Much was made about the small claims court and yet it seems like the court is working for the other side. After all, if the manufacturer knows that this small claim will be rejected by the court, simply because it is small, why should he care? He can carry on in this way for ever, never honouring any guarantee. The time lapse is irrelevant. The situation was created well within the guarantee period. He had no intention of honouring any guarantee. What about my postage costs? What was the point of requiring me to post it further wasting more of my money?....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
They could be substantial if your conduct is deemed 'unreasonable'.
What is unreasonable about making a claim under warranty, well within the warranty period? It is within the warranty period that the manufacturer declined to honour the guarantee. That is when the problem got created. Surely that is being unreasonable.
I am agitating about it now, 4 years later due to problems I have had to contend with. If the manufacturer had been reasonable and honoured the guarantee way back then, or if the supplier had been reasonable and made amends, the problem would have been solved. Who is the unreasonable party? How can anyone making a claim under warranty be deemed to be unreasonable but a manufacturer blatantly not honouring a warranty be deemed a perfectly reasonable party?....Illegitimi non carborundum
...don't let the illegitimate ones grind you down....0 -
miserable_ol_so_n_so wrote: »What is unreasonable about making a claim under warranty, well within the warranty period? It is within the warranty period that the manufacturer declined to honour the guarantee. That is when the problem got created. Surely that is being unreasonable.
I am agitating about it now, 4 years later due to problems I have had to contend with. If the manufacturer had been reasonable and honoured the guarantee way back then, or if the supplier had been reasonable and made amends, the problem would have been solved. Who is the unreasonable party? How can anyone making a claim under warranty be deemed to be unreasonable but a manufacturer blatantly not honouring a warranty be deemed a perfectly reasonable party?
if your conduct is deemed 'unreasonable'
Only the court can decide that. It sounds like you have decided you have a case so why not crack on and let us know what happens.0 -
If, and it's a big if, this ever gets to a court, then as Greta Sharbo says, it is up to the court to decide that.miserable_ol_so_n_so wrote: »What is unreasonable... blah, blah, blah...
The court won't decide that unless the Defendant claims extra costs due to your unreasonableness in conducting the claim.
Waamo has already told you the more likely outcome.
The level of your agitation won't be taken into consideration.
Have you considered asking your Member of Parliament for support?0 -
miserable_ol_so_n_so wrote: »This is all very depressing. These people are crooks and it looks like nothing can be done about them. Much was made about the small claims court and yet it seems like the court is working for the other side. After all, if the manufacturer knows that this small claim will be rejected by the court, simply because it is small, why should he care? He can carry on in this way for ever, never honouring any guarantee. The time lapse is irrelevant. The situation was created well within the guarantee period. He had no intention of honouring any guarantee. What about my postage costs? What was the point of requiring me to post it further wasting more of my money?
The £55 you would pay in filing & hearing fees isn't actually what it costs though. The judge alone will be getting paid £60+ an hour. Then you have all the other court workers, administration costs and the running costs of the building itself.
Would you be as willing to take action if you were having to pay actual costs (which would likely exceed £200 an hour) for an unspecified number of hours (there have been cases where they spent more than an entire day debating what entity the defendant was as it would affect the extent of their liability)?
Plus if their calculations are off (expected income from fees versus actual costs) and the courts are in deficit, that is funded by the public purse. As a taxpayer, would you be happy for the courts to allow someone to cost the public purse maybe £5k all for the sake of a fiver?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
The school holidays have started in certain parts of the country...Northern Ireland club member No 382 :j0
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Why not submit a claim OP and let us know what happens.0
This discussion has been closed.
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