Small Claims Court

[bigbaddom]

Hi,

I don't really know if this is the right section to put it in but it seemed like the most relevant.

I was after some advice really....

I am a consumer and purchased a made to measure product from a company which told me specifically in writing how to measure for it.
The item gets delivered and is too big because their instructions are incorrect. They admitted liability, but blamed their suppliers for the incorrect instructions.

They offered to take 25% off of the replacement order, and I told them they should be replacing it for free, but they resisted. The company reduced the following invoice by 25% although its not marked at all on the invoice.
I didn't really have any choice but to get the item from the same supplier as I wanted it to match other things I had bought from them.

The company is not ltd, but I dealt by email with one company, and the invoice is addressed to another company. Neither are ltd.

My question is mainly who do I issue the notice against?

Do I address it to the company I paid?
Or do I address it to the owner of the company? - this may be difficult as I only have a first name, although I have his address

Is it all worth it for £2800 or is it going to be a never ending nightmare? Experiences would be great!

Thanks!!

[PurpleMoonlight]

I suspect a nightmare.

You order from one business, pay another and both deny responsibility when it goes tits up, so you order and pay for another?

[Magic919]

I put the name of the outfit I dealt with. When we got to Court the first question to them was what was the legal entity here.

[Frimley111R]

Might be worth moving this to the Legal section

[bigbaddom]

Magic 919 do you mind me asking how it went?
Was it worth the stress and aggravation in the end? Would you do it again?

Thanks for your help!

Thats not exactly the case, they blame the company that they ordered if from which is neither the company I paid, nor the company I was dealing with if that makes sense.

They claimed they were a new business and hadn't opened an account in the new name and were just using their other businesses account if that makes sense......

Sure looking back it may have been naive...

[Magic919]

The actual hearing was fairly informal and relaxed. I'd do it again based in that. My actual case was not that cut and dried and we didn't win. My other case was to do with a poor quality sofa and I won that one and got a figure paid back as damages, if you like.

I'm not giving advice on the merits of your case here, but don't be afraid of the process. It's dumbed-down and friendly for us ordinary folk. I felt like the Court was there to help me as far as it could.

[JustinP1]

bigbaddom said:

Hi,
They offered to take 25% off of the replacement order, and I told them they should be replacing it for free, but they resisted. The company reduced the following invoice by 25% although its not marked at all on the invoice.
I didn't really have any choice but to get the item from the same supplier as I wanted it to match other things I had bought from them.

The small claims procedure is easy to use however, this above is a fatal flaw is your position.

The way the law sees it is you had a dispute on the first order. You were offered settlement of 25% off a further order which you accepted. You've already received settlement for your dispute.

The company may not be savvy, but of their defence is the above, then your claim will fail.

[bigbaddom]

Really?
That wasn't the impression I had of the law, and maybe someone will be able to clarify it.
I was under the impression that that was not the case.

The exact wording was
I will put £800 towards it

To which I replied

"thanks for the contribution"


I am well aware that a little knowledge is a dangerous thing so if anyone has any knowledge on this....
as far as I am aware even stating full and final settlement isn't necessarily the end of things, and in this case it was referred to simply as a contribution.

[JustinP1]

bigbaddom said:

Really?
That wasn't the impression I had of the law, and maybe someone will be able to clarify it.
I was under the impression that that was not the case.

The exact wording was
I will put £800 towards it

To which I replied

"thanks for the contribution"


I am well aware that a little knowledge is a dangerous thing so if anyone has any knowledge on this....
as far as I am aware even stating full and final settlement isn't necessarily the end of things, and in this case it was referred to simply as a contribution.

If their significant financial contribution was not an offer of settlement to find a solution for a dispute, then what was it?

Edited by JustinP1 on Friday 17th July 08:31

[bigbaddom]

an incentive to place another order...

[bigbaddom]

but I take your point Justin

I just don't see what I could have done differently?

He offered the contribution, should I really have said no I want to pay the full price and then sought retribution through the small claims court?

Its fine I can chalk this up to experience if you really think I have no hope...

[JustinP1]

bigbaddom said:

but I take your point Justin

I just don't see what I could have done differently?

He offered the contribution, should I really have said no I want to pay the full price and then sought retribution through the small claims court?

Its fine I can chalk this up to experience if you really think I have no hope...

Yes.

At very least what you should have done is tell them that you are moving forward under duress because of a genuine need for rapid action, informing them that their offer would not be taken as an offer of settlement, and that you would be taking legal action regardless.

Otherwise, see it from an outsider's view: you want two bites of the cherry, a financial solution to your problem and then another better one later. Effectively, you are going back on what was agreed and understood by the parties in coming to settlement.

As always, the truth lies in the facts of the matter and the evidence of the intention of the offer they made, but on the face of it the situation is as I have stated above.

For the sake of fairness I should add that you could very well claim, but plan out what you would claim for - the cost of the first set minus the discount they gave you for the second? This simply highlights that you have had discussions and they have provided a replacement with both parties agreeing to contribute to the cost.

It may be that the company is legally inept and does not fight your claim, and puts a cheque in the post. However, it'll cost you £100 ish to file a claim of that size, and if they put up a defence it would be wasted money.

[PurpleMoonlight]

bigbaddom said:

but I take your point Justin

I just don't see what I could have done differently?

He offered the contribution, should I really have said no I want to pay the full price and then sought retribution through the small claims court?

Its fine I can chalk this up to experience if you really think I have no hope...

I am really confused by all this.

Why didn't you just demand a replacement of the correct size without any further cost to yourself?

[Amateurish]

Your OP isn't very clear. What happened to the first incorrectly sized item?

[bigbaddom]

Purplemoonlight, I did try to insist but they would not budge and I really needed it

I still have the original incorrect size item as they told me they could not do anything with it....

Thanks P1, I wont waste my time then, I just see it as a difficult situation. I guess if I was the company I would not have processed the second order if I had written that I was proceeding under duress etc

But maybe thats an incorrect assumption.

Thanks for all your help
PH wins again

[JustinP1]

bigbaddom said:

I guess if I was the company I would not have processed the second order if I had written that I was proceeding under duress etc

Yes - you would have continued negotiating.

Sorry I couldn't be of help to get you the solution you wanted.

However, my analysis is that unless they were to immediately roll over and write you out a cheque for £2800, if they were to fight it to a hearing, you would lose.

[Du1point8]

bigbaddom said:

Purplemoonlight, I did try to insist but they would not budge and I really needed it

I still have the original incorrect size item as they told me they could not do anything with it....

Thanks P1, I wont waste my time then, I just see it as a difficult situation. I guess if I was the company I would not have processed the second order if I had written that I was proceeding under duress etc

But maybe thats an incorrect assumption.

Thanks for all your help
PH wins again

Im not sure I follow.

If they admitted liability for supplying something of an incorrect size and you have paid for it, why are you paying again (slightly cheaper) for something of the correct size?

If my company supplies the wrong item, I suck up all the costs of replacing that item and delivery charges, I don't tell the customer that Im not budging its the warehouses fault, but you can have 25% off an order to replace that item.

That ridiculous or did I read it wrong?

If it was me in that situation, they would have got a phone call to demand a full refund and pickup as its their issue between them and their supply, your contract is with them, so they would bloody well suck up the costs involved, or I would demand a replacement and them to pickup the incorrect item.

I do not see why you are rolling over on an order that if I read right is going to cost nearly £5k for something that should be £2.8k.

If you are happy doing that, please order stuff from me and I will send you the wrong orders all day long until my warehouse is empty.

[PurpleMoonlight]

bigbaddom said:

Purplemoonlight, I did try to insist but they would not budge and I really needed it

I still have the original incorrect size item as they told me they could not do anything with it....

This is the point where you should have invoked your consumer rights.

[Amateurish]

I have to say I agree with the above advice. When you complained about the first item and they offered a replacement at 25% off and you accepted, that was the resolution of the dispute. It's too late to go back on that now.

[Mr Overheads]

I agree with above re dispute resolution was offered and accepted BUT for £2800 I would role the dice (28:1 shot) and issue a moneyclaimonline for the £100 processing cost and see what happens.

But before that I would fill in but not submit it and simply send a printout/screenshot to the company saying if they don't refund the original cost (less the £800 already given) you'll be submitting the claim. You may get lucky and they pay out figuring it's not worth the hassle. If they fight I would chalk it up as an expensive learning experience.

I think the only thing you have on your side is that they've admitted their instructions were wrong - have you got that in writing?