Money Claim Online - worth the effort fighting?

[AB]

Long story short;

- Sell an item for £1,000+VAT;
- Get complaint from customer;
- Offer full refund on the basis we get product back;
- Product isn't returned and customer suggests he's binned it on the say so of an employee of my company (verbal);
- We insist that nobody would tell him to do this and that a full refund will be given when product is returned;
- He backtracks and suggests that product is still installed but he doesn't have the expertise to remove (sold as supply only);
- We insist he sends it back and offer to organise courier;
- Employee of my company makes slight error when he suggests that customer is trying it on and wants refund whilst keeping product (written);
- We receive County Court Summons for £450 more than price including VAT, part of their case is that they don't think the product is CE marked;
- We email customer with CE certificate and suggest he makes contact with us as we are still more than happy to refund when product is returned.

Today, customer has emailed saying he is willing to have a telephone conversation with us tomorrow.

Personally, I don't see what we have done wrong, we're still happy to refund but just want product back so we can take issues up with manufacturer/supplier and hopefully get a refund ourselves.

However, if he insists on taking this action, I'm wanting to fight it and even though the amount is relatively small, I'm not willing to just roll over and pay it and probably never see the product back as a matter of principle. At the same time, I can't be arsed with the hassle this is likely to cause.

Having never been in this position, does he have a leg to stand on or is he hoping we just pay up and move on?

I'm wanting some opinion, the way I want the conversation to go tomorrow is "please just send us the product back and we'll refund you".

Any sage words of advice?

[Saleen836]

Is the conversation with the client regarding this dispute all verbal in regards to them saying the item has been 'binned' ?

[anonymous-user]

AB said:

Any sage words of advice?

Work out which one of your positions is true?

AB said:

if he insists on taking this action, I'm wanting to fight it and even though the amount is relatively small, I'm not willing to just roll over and pay it
.... I can't be arsed with the hassle this is likely to cause

[Rawhide]

Having both used MCOL to settle a dispute (rent arrears) and having defending a MCOL claim against my wife (don't ask!) I would say continue to mediate and try all option to resolve this matter without surrendering. Offer mediation for example.

You must defend yourself in MCOL otherwise it will be awarded to the claimant and you will end up with a CCJ.

In the end if you can't settle you will end up in front of a county court judge who in my experience have found to be very reasonable and objective. I'd put money on the claim never getting that far or the claimant not showing up in court.

You have to consider your time and perhaps consider a counter claim to cover your time and expenses. This will cost you about £80. I don't think you can claim for legal costs so don't incur any.

You don't have to be legally trained to use the MCOL service. Just be well organised. Good luck.

[So]

Rawhide said:

In the end if you can't settle you will end up in front of a county court judge who in my experience have found to be very reasonable and objective. I'd put money on the claim never getting that far or the claimant not showing up in court.
.

Bear in mind though, OP, if you are a business and the claimant an individual he can get the claim moved to his local court.

[Oakey]

What's the basis of his complaint? If he's not happy with the product and you've offered him a full refund if he returns an item I find it unlikely a judge would find in his favour.

[Cyberprog]

He is not going to win in small claims if you've offered a refund when the product is returned, nor would a Judge award you more than he spent with that offered refund in mind and proof of CE compliance (not that the lack of CE compliance would entitle him to that).

[catman]

If you have proof that he said that he'd binned the item, then admitted that it was still on his car, that's fraud, surely.

Maybe you should remind him of this in your next conversation, and the problem may well disappear.

Tim

[Joeguard1990]

Well if everything you have typed up is true, then he doesn't have a leg to stand on.

No company is going to give anyone a refund for a physical product if it isn't returned back to them first.

Sounds like a chancer to be honest.

One bit of advise I would add is that all future correspondence be either email or letter as then you have everything in writing and not verbal.

[Gareth79]

How difficult is it actually for them to have the item removed, and would it cause them a problem to not have the item for a while?

Thinking about offering something that might look a very reasonable offer if it went to court, would it be possible to arrange for a local expert (in whatever field it is) to inspect the item and perhaps remove it?

[sim16v]

You have been more than reasonable by offering a full refund on receipt of the goods.

It will definitely be worth defending and in theory, should be sorted before it gets that far, most likely at mediation.