Moneyclaim online and partial admission
Discussion
Hi looking for some advice regarding a moneyclaim online and whether I should continue to pursue or accept.
Backstory is I bought some car parts from a large breaker. They transferred the item to a branch more local to me for me to collect. At the time I did not realise the branch they transferred the item to was not open the same hours as all the other branches. I could only collect on Saturday morning due to working 9-5 Monday to Friday and this branch did not open Saturday morning. I rang the main office and told them this and they said this was fine, the part would be stored. A few months passed and I rang a few times to check everything was still fine and was told it was. In January I contacted the local branch to arrange collection and was told the parts were not there.
After being fobbed off far a while and getting nowhere I filed a claim online. These parts were rare and I cannot find any for the sum I paid for them. I have found some more but they are nearly 3 times what I paid for these originally. When I filed my claim I claimed for ‘loss of bargain’ in order that I could go and purchase the other part available. The company have agreed part of my claim and issued me a cheque for my original purchase price and court fees and said the original parts have been destroyed. Should I continue to pursue the claim for loss of bargain so that I can purchase the part I need or should I accept the part admission and find the extra money myself? Has anyone successfully continued with the claim after a partial admission?
The reviews of said company are not complimentary at all and they have less than 2 stars across any review platform. I would use this in court as part of my defence.
Backstory is I bought some car parts from a large breaker. They transferred the item to a branch more local to me for me to collect. At the time I did not realise the branch they transferred the item to was not open the same hours as all the other branches. I could only collect on Saturday morning due to working 9-5 Monday to Friday and this branch did not open Saturday morning. I rang the main office and told them this and they said this was fine, the part would be stored. A few months passed and I rang a few times to check everything was still fine and was told it was. In January I contacted the local branch to arrange collection and was told the parts were not there.
After being fobbed off far a while and getting nowhere I filed a claim online. These parts were rare and I cannot find any for the sum I paid for them. I have found some more but they are nearly 3 times what I paid for these originally. When I filed my claim I claimed for ‘loss of bargain’ in order that I could go and purchase the other part available. The company have agreed part of my claim and issued me a cheque for my original purchase price and court fees and said the original parts have been destroyed. Should I continue to pursue the claim for loss of bargain so that I can purchase the part I need or should I accept the part admission and find the extra money myself? Has anyone successfully continued with the claim after a partial admission?
The reviews of said company are not complimentary at all and they have less than 2 stars across any review platform. I would use this in court as part of my defence.
Breadvan72 said:
You have a claim in principle but my practical suggestion is to to take the money.
Star ratings on websites are, BTW, irrelevant. They are not evidence in your case, and anyway you don't need a defence because you are the claimant.
Noted, I used the wrong term, I am indeed not the defendant. They have admitted to £300 where the total claim is £885Star ratings on websites are, BTW, irrelevant. They are not evidence in your case, and anyway you don't need a defence because you are the claimant.
Countdown said:
I'd take the money.
I don't think Internet reviews would have any bearing at all in a County Court.
No I get that, shouldn’t have mentioned it as it has no bearing at all. I was just wondering whether it is worth pursuing the loss of bargain claim as at the moment I have to find £585 to put myself in the same position as before. What are my chances of a full successful claim? Are they better now they have admitted part of the claim?I don't think Internet reviews would have any bearing at all in a County Court.
Another thing they have said is that they are prepared to defend it in court and will seek to recover legal fees. I didn’t think this was allowed under small claims track?
Edited by MulticolouredTVR on Wednesday 6th May 17:41
Mandat said:
What are your chances on winning the "loss of bargain" argument if, in your own words, you chose not to collect the parts for a couple of months, when they were available for you to collect?
Absolutely this !The parts were so cheap/special/rare that you couldn't be bothered to collect them for several months ? Be thankful they refunded the cost of the parts rather than billing you for being treated as your personal storage depo.
paintman said:
Your answer to the question 'Why didn't you make alternative arrangements for the collection or delivery of the parts or take some time off from work to collect them yourself?' would be what?
I suspect 'I'm billynomates' might not be acceptable.
I had no holiday entitlement left to take and I did not realise they were not open Saturday morning as other branches were. As soon as my holiday entitlement was reset in January I contacted them to make arrangements to collect only to find out they were not there. Even though I had kept the company informed on multiple occasions and told this was not a problem. The company do not offer delivery of these parts.I suspect 'I'm billynomates' might not be acceptable.
MulticolouredTVR said:
I had no holiday entitlement left to take and I did not realise they were not open Saturday morning as other branches were. As soon as my holiday entitlement was reset in January I contacted them to make arrangements to collect only to find out they were not there. Even though I had kept the company informed on multiple occasions and told this was not a problem. The company do not offer delivery of these parts.
You said they were transferred to you ‘local’ branch. Not one single mate/relative/fellow car fanatic that could have popped over for several months ? I think, or rather hope, the court would take a dim view of your lack of effort and dismiss the claim. The old saying ‘where there is a will, there’s a way’ applied here, especially as you pointed out how cheap they were in comparison to anywhere else.
What time passed between the parts being transferred and you being able to collect in January? This delay might defeat your argument for loss of bargain.
It doesn't matter what people on here think about your prospects of success. The view of the District Judge on the day is the only thing that matters.
Do you really want the hassle of having to take a day off work and going to Court at which stage you will invariably s
t yourself and ask for more support from faceless individuals on the internet?
It doesn't matter what people on here think about your prospects of success. The view of the District Judge on the day is the only thing that matters.
Do you really want the hassle of having to take a day off work and going to Court at which stage you will invariably s
t yourself and ask for more support from faceless individuals on the internet?MulticolouredTVR said:
No I get that, shouldn’t have mentioned it as it has no bearing at all. I was just wondering whether it is worth pursuing the loss of bargain claim as at the moment I have to find £585 to put myself in the same position as before. What are my chances of a full successful claim? Are they better now they have admitted part of the claim?
Another thing they have said is that they are prepared to defend it in court and will seek to recover legal fees. I didn’t think this was allowed under small claims track?
You are in the same position surely as they have refunded what you paid? If the price had gone down would you have accepted the lower amount from them?Another thing they have said is that they are prepared to defend it in court and will seek to recover legal fees. I didn’t think this was allowed under small claims track?
Edited by MulticolouredTVR on Wednesday 6th May 17:41
TX.
OP sometimes you have to help yourself, I find it incredible that you could not negotiate with your employer to come in a couple of hours late or leave a couple of hours early on one day and then make the time back up, or take a half day annual leave. To leave (in your words) these underpriced but rare parts for months before contacting them is really pretty daft. If the truth be known they probably got so p***d off waiting for you they sold them to someone else and I'm not sure I blame them.
What would you have done if after a few weeks they contacted you and said they need to be collected or they will start incurring storage charges?
I would take what's been offered and be thankful they have not slapped you with storage
What would you have done if after a few weeks they contacted you and said they need to be collected or they will start incurring storage charges?
I would take what's been offered and be thankful they have not slapped you with storage
BertBert said:
Unbelievable. You had hold of a bargain, but couldn't be arsed to sort out collection. You waited until Jan to work out your holiday year started in Jan? Right. You deserve to loose everything. Take what they have offered and be thankful.
Bert
Spot on again, Bert! Bert
I’m amazed some people manage to feed themselves sometimes.
Ah, the usual Pistonheads pile on.
Trouble is, it doesn't really matter what everyone thinks the OP should have done to collect the parts - he'd paid for them, they disposed of his property, and he's now in a worse position, so he's probably got a claim. I personally don't think it's worth pursuing, but that's not my decision.
Trouble is, it doesn't really matter what everyone thinks the OP should have done to collect the parts - he'd paid for them, they disposed of his property, and he's now in a worse position, so he's probably got a claim. I personally don't think it's worth pursuing, but that's not my decision.
As BV72 said he has got the makings of a claim based on the facts, but he's not going to have any credible answer for when this garage submits their defence and points out that the parts were made available for collection for several months, stored at no additional expense, etc.
I can't see how an argument that these parts were so important/rare that it amounts to loss of bargain when the OP's inaction over collecting them is the only reason he doesn't have them now. As has been said, and would be asked of the OP, why didn't he make alternative arrangements to get them collected? A friend, AnyVan, etc.
I can't see how an argument that these parts were so important/rare that it amounts to loss of bargain when the OP's inaction over collecting them is the only reason he doesn't have them now. As has been said, and would be asked of the OP, why didn't he make alternative arrangements to get them collected? A friend, AnyVan, etc.
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