Small Claims Court - Experience?

[the grim reaper]

Not exactly bike related but wheel related.

I bought the GF a set of 'ex-display' alloys for her car for Christmas. When they arrived (Dec 8th) I opened one and checked it. It was perfect, so I put all four, still packaged, in the garage.

Christmas Eve and I get ready to fit the wheels, only to find that two of them have obviously been fitted to a vehicle and bloody kerbed! My mate was with me when I opened the packaging, so I can prove that they arrived like this.

So, I ring the company, they dispute it over the phone, so I send photos in an E-mail and threaten to travel up there (Essex from Southampton), unfortunately they are on a half day and I am away over Christmas.

So, 2nd of January, I pay for a courier to take the wheels back. I ring them and they say they haven't received them, until I point out that I have the name of the person who signed for them. Then thay say that they do have them. Then they go on to say that they won't refund me because I have obviously fitted them to my car. I resist the urge to scream and point out that I told them that on the 24th of December and that was the basis for my whole argument.

Anyway, I have now written them a polite but firm letter, telling them to refund, supply non-damaged wheels or expect to receive a summons.

I have read up on the process of using the small claims courts for this sort of thing but I wondered if anyone has any personal experience? There is no way I am backing down on this one, they have ****ed with the wrong person on this one.

Cheers

Grim
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[b-f-c]

Used this a few years ago quite successfully

https://www.moneyclaim.gov.uk/

Also used them recently, but called off the claim when they settled out of court

[Kickstart]

Hi

Did you pay by credit card? If so that might be an easier starting point.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[Syx]

No experience with Small Claims, but just wanted to wish you luck with the process - don't let those asswipes get away with it!

[the grim reaper]

[andrew]

Have you already paid the credit card bill?

Surely it's down to them to get the money back from the shop and shouldn't be your problem?

If you haven't paid it, don't pay it until they remove the amount from your bill.

Good luck.

[syl]

If the wheels were more than £100 (and less than £30k) then copy MBNA in on the letter and let them know that you will be joining them in on the summons. MBNA are jointly and severally liable.
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Current bike: Kawasaki Z750S

[Vincey B]

I took a dry cleaners to a small claims court after they lost a suit and offered almost nothing in compensation for it.

The important thing is to write them lots of letters, clearly dated, being polite and reasonable outlining all the facts and stating what you are asking for (a full refund I presume).

Keep copies of all of these letters as if it does end up in the court they will do you a world of good. If they still dont give you your money back start with the moneyclaim process, this will get an official demand sent to them from a court which they can either pay or dispute, if they dispute or just ignore it it will end up in a magistratres court where a magistrate will judge the case and decide who should pay who and how much.

You dont have much to loose at all apart from the moneyclaim fee, which I think is about £30 and is added to the award if you win.

[Kickstart]

[Phoenix]

I once used moneyclaim to sue someone for £100 they owed me for goods I never recieved. It cost £30 to initate the proceedings, after he failed to respond to any of the courts letters, it said there was a default judgment in my favour, for anything to happen I then had to pay another £50 to pay for the bailiffs to go and collect the money from him, at this point I jacked it in, why the hell would I pay £80 to try and get £100 of someone who was clearly just ignoring it all, i'd end up with even more money lost, waste of time crap.

[Ste]

Something a few years ago where I was owed wages ended up at an employment tribunal, then small claims court and the bailiffs. It was only when baliffs started getting involved that the other side responded, promptly a cheque was received for the full amount in the post (included all the additional expenses for the tribunal, small claims court and for the bailiffs) along with a "with compliments" slip. Every extra step you have to take just adds to the amount it costs them eventually.

Was made straight forward by the other side choosing trying to ignore it, since no defence was entered at any point everything got ruled in my favour.

Go for it, only thing I'd do some looking into prior to starting any proceedings is the time space between the goods being received and you noticing that they're not as described, probably is easiest to speak with citizens advice or trading standards to see what pointers they can give you.

[iooi]

[Itchy]

[lugoismad]

I'm in the US, so it may be a bit different, but here's how it goes down here.

Twice I've had to threaten to sue someone. The most recent was a landlord who refused to return my security deposit.

Write up a good Demand Letter, basically laying out your reasoning, stating your demands clearly, and the consequences of not meeting your reasonable demands in a timely fashion.

Send it certified post, so someone has to sign for it.

In the letter, state that a week after receiving it, if you do not get what you want, you'll file in small claims court.

9 times out of 10, this scares them into doing something.

[the grim reaper]

[Ste]