Moneyclaim Online
Discussion
Breadvan72 said:
Litigation is a really, really, really, really stupid idea unless the amount at stake is very large, or there is something non-financial that is really important at stake. Pursuing small claims about life's minor financial inconveniences is the stuff of madness.
Litigation is a hassle. It is no fun. It does not bring closure, vindication, or any of that stuff. It's a pain.
IAAL. IANYL.
When I took the local council to court - I did it for fun. I wanted to see how these things worked. Small claims - they claimed I wasn't paying my council tax whereas in fact I was significantly in credit (by about 80% of the years bill). They made me turn up by issuing a summons - I did and it was clear that the magistrates / court was not expecting someone to argue - so they couldn't just rubber stamp the procedure. Later they dropped the case. I claimed something stupid that I could (sort of, kinda) justify and then settled for £100.00 during a telephone conversation with the court and the council later.Litigation is a hassle. It is no fun. It does not bring closure, vindication, or any of that stuff. It's a pain.
IAAL. IANYL.
Edited by Breadvan72 on Saturday 18th January 18:36
That was fun. I do however accept that its the exception rather than the rule.
Breadvan72 said:
Litigation is a really, really, really, really stupid idea unless the amount at stake is very large, or there is something non-financial that is really important at stake. Pursuing small claims about life's minor financial inconveniences is the stuff of madness.
Litigation is a hassle. It is no fun. It does not bring closure, vindication, or any of that stuff. It's a pain.
There speaks a disillusioned litigation lawyer. However, your experience is far from typical. Litigation does bring closure. If it didn't, sensible, professional people wouldn't spend billions of pounds a year pursuing claims. It's often a very effective - or, indeed, the only - way of getting paid.Litigation is a hassle. It is no fun. It does not bring closure, vindication, or any of that stuff. It's a pain.
And it's also wrong to look at litigation by an individual in the same way as you would if you were being asked to handle the case. A private individual will have far more interest in it than you would, to whom such a claim would just be a non-remunerative PITA. But a PI is fully invested in the claim and doesn't have to justify the time spent by reference to a monthly fee target.
In any case, small claims against large companies are often a pushover, just because the company can't be bothered to defend it. In fact there are some individuals who make a living out of entirely false claims, issuing proceedings for a couple of hundred quid a time and relying on the inertia of the company to get paid.
It's very unlikely in this case that the company will defend the claim. Even if they actually file a defence it's unlikely they'd pursue it any further than that.
So in your position I'd go for it - after all, you've nothing to lose apart from a modest court fee, and from the smidgen of information available it looks like you've got a decent case. The District Judges who try such cases are always on the side of the consumer, viewing companies of any sort as evil capitalists, who only exist to rub the noses of people like you in the dirt, so I'd say it's as close to a slam dunk as you could hope for!
Just an update, more down to the missus doggedness on the phone.
Samsung sent another of their ‘approved’ engineers to look at it.
He has reported to Samsung that the only way the fridge could have been damaged as it was, was by the incorrect removal of the ice maker.
Samsung are in discussions with the first ‘approved repair centre’ and will update us within 7 days.
The thing that got them communicating was having a nag on twitter apparently...
Samsung sent another of their ‘approved’ engineers to look at it.
He has reported to Samsung that the only way the fridge could have been damaged as it was, was by the incorrect removal of the ice maker.
Samsung are in discussions with the first ‘approved repair centre’ and will update us within 7 days.
The thing that got them communicating was having a nag on twitter apparently...
Finalisation.
Samsung has instructed dealer to supply a replacement today. We have had communication from dealer to arrange delivery.
I now have to sell a brand new American fridge bought as a replacement, bit estimate only £150 out of pocket.
Taking into account the replacement will have a 5 year warranty, i reckon ( not withstanding the inconvenience) we have broke even.
Thanks to all for advice and support.
Samsung has instructed dealer to supply a replacement today. We have had communication from dealer to arrange delivery.
I now have to sell a brand new American fridge bought as a replacement, bit estimate only £150 out of pocket.
Taking into account the replacement will have a 5 year warranty, i reckon ( not withstanding the inconvenience) we have broke even.
Thanks to all for advice and support.
Edited by Aluminati on Wednesday 22 January 19:07
Aluminati said:
Finalisation.
Samsung has instructed dealer to supply a replacement today. We have had communication from dealer to arrange delivery.
I now have to sell a brand new American fridge bought as a replacement, bit estimate only £150 out of pocket.
Taking into account the replacement will have a 5 year warranty, i reckon ( not withstanding the inconvenience) we have broke even.
Thanks to all for advice and support.
I imagine going after the Twitter handle nets you the attention of the social media marketing consultant who spends 4 hours of the day with their thumb up their arse so they have plenty of capacity to help out Samsung has instructed dealer to supply a replacement today. We have had communication from dealer to arrange delivery.
I now have to sell a brand new American fridge bought as a replacement, bit estimate only £150 out of pocket.
Taking into account the replacement will have a 5 year warranty, i reckon ( not withstanding the inconvenience) we have broke even.
Thanks to all for advice and support.
Edited by Aluminati on Wednesday 22 January 19:07
meatballs said:
I imagine going after the Twitter handle nets you the attention of the social media marketing consultant who spends 4 hours of the day with their thumb up their arse so they have plenty of capacity to help out
And there, in a nutshell, is social media. Don’t give people reason to doubt your product, because the audience is vast.Chris32345 said:
The what?
This isn't the USA there is no "Constitution"
This isn't the USA there is no "Constitution"
The UK has a Constitution. It is regrettable that many people are unaware of this.
If there is no UK Constitition, why do UK universities have Professors of Constitutional Law, and what is that large book about the UK Constitution doing on my desk at work?
The "no Constitution" myth may arise from the fact that the UK Constitution is not contained in just one document, but is instead contained in several Statutes and a collection of case law and conventions.
Breadvan72 said:
The UK has a Constitution. It is regrettable that many people are unaware of this.
If there is no UK Constitition, why do UK universities have Professors of Constitutional Law, and what is that large book about the UK Constitution doing on my desk at work?
The "no Constitution" myth may arise from the fact that the UK Constitution is not contained in just one document, but is instead contained in several Statutes and a collection of case law and conventions.
Edited by Graveworm on Saturday 25th January 13:39
Aluminati said:
Finalisation.
Samsung has instructed dealer to supply a replacement today. We have had communication from dealer to arrange delivery.
I now have to sell a brand new American fridge bought as a replacement, bit estimate only £150 out of pocket.
Taking into account the replacement will have a 5 year warranty, i reckon ( not withstanding the inconvenience) we have broke even.
Thanks to all for advice and support.
As you've already bought a replacement I wouldn't be at all happy with that resolution, unless you know someone who wants either of the units.Samsung has instructed dealer to supply a replacement today. We have had communication from dealer to arrange delivery.
I now have to sell a brand new American fridge bought as a replacement, bit estimate only £150 out of pocket.
Taking into account the replacement will have a 5 year warranty, i reckon ( not withstanding the inconvenience) we have broke even.
Thanks to all for advice and support.
And are you sure it'll have a new warranty? Replacement items normally continue the original items warranty.
Sheepshanks said:
As you've already bought a replacement I wouldn't be at all happy with that resolution, unless you know someone who wants either of the units.
And are you sure it'll have a new warranty? Replacement items normally continue the original items warranty.
Very good point and a specific question that has been asked re warranty. Also confirmed that it will have the full warranty, and it’s not a factory second etc. And are you sure it'll have a new warranty? Replacement items normally continue the original items warranty.
They also said they will fit/plumb it in and were told to just leave it in the kitchen.
The one we purchased to replace is going to Italy next week where a friend has just bought a place and was looking for a fridge. £100 out of pocket and the inconvenience, but in the scheme of things, i no longer feel like a ‘Loony’
As you are well aware, this is Pistonheads and getting sensible answers can be on occasion, an impossibility. But it does keep me entertained all the same....
Anyway, back to your first post, I've been in the county court as plaintiff around 10 times over many, many years and even before Moneyclaim existed. It is a simple process and despite claims to the contrary on here, it is very satisfying when a judge rules in your favour. In every case, bar two, the defendants paid up within 28 days and in the other two, the bailiff obtained the money within 2 months.
As said above, you can issue your claim once its clear the case cannot be resolved between you but you and the defendant are expected to go down the mediation route. You do not have to abide by it although the defendant is supposed to. If the defendant is in an organisation e.g. one representing refrigeration engineers, then you should contact them and ask them to get involved. Although the defendant is obliged to tell you all about this route, I've never been so advised as they hope you will go away.
The Consumer Rights Act 2015 was brought in to help protect consumers so if you've been wronged, I see no reason not to use the court route at all.
Anyway, back to your first post, I've been in the county court as plaintiff around 10 times over many, many years and even before Moneyclaim existed. It is a simple process and despite claims to the contrary on here, it is very satisfying when a judge rules in your favour. In every case, bar two, the defendants paid up within 28 days and in the other two, the bailiff obtained the money within 2 months.
As said above, you can issue your claim once its clear the case cannot be resolved between you but you and the defendant are expected to go down the mediation route. You do not have to abide by it although the defendant is supposed to. If the defendant is in an organisation e.g. one representing refrigeration engineers, then you should contact them and ask them to get involved. Although the defendant is obliged to tell you all about this route, I've never been so advised as they hope you will go away.
The Consumer Rights Act 2015 was brought in to help protect consumers so if you've been wronged, I see no reason not to use the court route at all.
N7GTX said:
As you are well aware, this is Pistonheads and getting sensible answers can be on occasion, an impossibility. But it does keep me entertained all the same....
Anyway, back to your first post, I've been in the county court as plaintiff around 10 times over many, many years and even before Moneyclaim existed. It is a simple process and despite claims to the contrary on here, it is very satisfying when a judge rules in your favour. In every case, bar two, the defendants paid up within 28 days and in the other two, the bailiff obtained the money within 2 months.
As said above, you can issue your claim once its clear the case cannot be resolved between you but you and the defendant are expected to go down the mediation route. You do not have to abide by it although the defendant is supposed to. If the defendant is in an organisation e.g. one representing refrigeration engineers, then you should contact them and ask them to get involved. Although the defendant is obliged to tell you all about this route, I've never been so advised as they hope you will go away.
The Consumer Rights Act 2015 was brought in to help protect consumers so if you've been wronged, I see no reason not to use the court route at all.
Many Thanks for the insight, much appreciated. Anyway, back to your first post, I've been in the county court as plaintiff around 10 times over many, many years and even before Moneyclaim existed. It is a simple process and despite claims to the contrary on here, it is very satisfying when a judge rules in your favour. In every case, bar two, the defendants paid up within 28 days and in the other two, the bailiff obtained the money within 2 months.
As said above, you can issue your claim once its clear the case cannot be resolved between you but you and the defendant are expected to go down the mediation route. You do not have to abide by it although the defendant is supposed to. If the defendant is in an organisation e.g. one representing refrigeration engineers, then you should contact them and ask them to get involved. Although the defendant is obliged to tell you all about this route, I've never been so advised as they hope you will go away.
The Consumer Rights Act 2015 was brought in to help protect consumers so if you've been wronged, I see no reason not to use the court route at all.
Breadvan72 said:
Perhaps I am being unfair.
I think you are. One gets the impression that you don't like the 'little man' (in this case the OP) encroaching on your field of expertise and I can't box you into a Harry Enfield character (though it would be along the lines of the 'Condescending Professionals'. Though I have no doubt that if he was taking on the Constituion (i.e. Gina Miller style) then that would meet your approval. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff