Small Claims court - any advice ?

[Penny Whistle]

I returned a faulty machine (a robot mower, value just over £500) to the supplier, asking for a refund. They indicated they would respond within 2 weeks. It is now 5 weeks since they received the machine. The only contact details available are a Support phone number and email. I have used both several times over the last few weeks to try to find out what is happening, but all they will say is that the relevant team are looking into it and will get back to me "soon" - or even "within 24 hours". And I hear nothing, so I think it is now time to apply a bit of pressure.

Does anyone have any particular tips in making a court claim - things to do or not do, for example ?

Lawyers' websites state that a "Letter before small claim" should be sent before actually making the formal claim - is that advisable ? The Gov website says no such thing.

[trickywoo]

Did you initially pay by credit card?

If so it would be a lot easier to make it their problem as is your right under the consumer credit act.

[kestral]

Penny Whistle said:

I returned a faulty machine (a robot mower, value just over £500) to the supplier, asking for a refund. They indicated they would respond within 2 weeks. It is now 5 weeks since they received the machine. The only contact details available are a Support phone number and email. I have used both several times over the last few weeks to try to find out what is happening, but all they will say is that the relevant team are looking into it and will get back to me "soon" - or even "within 24 hours". And I hear nothing, so I think it is now time to apply a bit of pressure.

Does anyone have any particular tips in making a court claim - things to do or not do, for example ?

Lawyers' websites state that a "Letter before small claim" should be sent before actually making the formal claim - is that advisable ? The Gov website says no such thing.

You need an address and a name to go forward.

Then you take charge and instruct, do not ask, tell. If I have not received a refund by ? You will leave me no other other alternative than to issue proceedings in the County Court.That is your Letter Before Action.

[slievenashaska]

trickywoo said:

Did you initially pay by credit card?

If so it would be a lot easier to make it their problem as is your right under the consumer credit act.

That is absolutely the correct answer - just make sure the member of bank staff understands you are making a 'section 75' claim and not a chargeback.

[vaud]

A letter before action costs you nothing aside from postage and you can set a reasonable time - 7 to 10 working days?

[Wacky Racer]

What actually was wrong with the mower?

Just curious.

[ahelaborate]

Agree that the best option here is a chargeback using your credit or debit card.

Small claims should be a very last resort.

[vaud]

1) how did you buy it? Online? Direct? Via ebay / amazon?

2) is the company uk or overseas?

I’m quite proficient at digging into companies, and as we can’t name & shame on PH, feel free to PM me.

[Penny Whistle]

trickywoo said:

Did you initially pay by credit card?

If so it would be a lot easier to make it their problem as is your right under the consumer credit act.

Unfortunately not.

[Sir Bagalot]

Penny Whistle said:

trickywoo said:

Did you initially pay by credit card?

If so it would be a lot easier to make it their problem as is your right under the consumer credit act.

Unfortunately not.

Debit card? If within 120 days then you can do a charge back.... otherwise

Write to them, stating the facts, clearly marked Letter Before Action, giving them 10 or 14 days to resolve.

Then straight to MCOL. There will be a fee to pay, and if they don't play ball there is a further fee to get a hearing. All of this is assuming they have a UK base

[Penny Whistle]

Sir Bagalot said:

Debit card? If within 120 days then you can do a charge back.... otherwise

Yes, it will have been on debit card. Is it simply a question of asking the bank to charge back ?

[Mr Pointy]

vaud said:

1) how did you buy it? Online? Direct? Via ebay / amazon?

2) is the company uk or overseas?

I m quite proficient at digging into companies, and as we can t name & shame on PH, feel free to PM me.

Maybe this?

https://www.ecovacs.com/uk/legal-notice

[Sir Bagalot]

Penny Whistle said:

Sir Bagalot said:

Debit card? If within 120 days then you can do a charge back.... otherwise

Yes, it will have been on debit card. Is it simply a question of asking the bank to charge back ?

Yes, explain the circumstances, and if less than 120 days they will do a chargeback

[vaud]

Mr Pointy said:

Maybe this?

https://www.acompany.com

You have been around long enough to know why I suggested no name and shame. Messaging with the OP directly to avoid this constraint.