Ever taken anyone to a small claims court?

Sessen Ryu

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What was your experience? How did it go?

I've just brought a second hand player off this forum, but unfortunately the player has intermittent faults, probably caused in transport as it wasn't packaged well. Unfortunately the seller is refusing to issue a refund so I am currently preparing to go to court to reclaim back my money plus costs and maybe enforcement etc. I have heard that small claims are reasonably straight forward and pretty fair... If you've ever been I'd be interested to know how you found it / any pitfalls etc...?
 
What was your experience? How did it go?

I've just brought a second hand player off this forum, but unfortunately the player has intermittent faults, probably caused in transport as it wasn't packaged well. Unfortunately the seller is refusing to issue a refund so I am currently preparing to go to court to reclaim back my money plus costs and maybe enforcement etc. I have heard that small claims are reasonably straight forward and pretty fair... If you've ever been I'd be interested to know how you found it / any pitfalls etc...?

having read the thread in question it appears your statement of " Unfortunately the seller is refusing to issue a refund" is incorrect as the seller has indicated they will refund once the item is returned
when you start a small claims court claim you need to be aware the classified trading guidelines are guidelines not rules of law
 
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I have done it a number of times it is very easy.

One thing you must do is give the defendant notice in writing and fair time (14 days) to resolve the problem. If you don’t do this the judge will not look upon it favourably and it will go against you.
 
I don't think you can take someone to small claims because they didn't give you a refund for something you haven't sent back to them? Send it back - when or if they don't issue the refund, then you can start proceedings.
 
I don't think you can take someone to small claims because they didn't give you a refund for something you haven't sent back to them? Send it back - when or if they don't issue the refund, then you can start proceedings.

I sued Carphone Warehouse last year where I was still in possession of the handset (which they wouldn't repair, exchange or refund).

It went to court, the judgement was awarded and ultimately CPW paid out.

The phone is still sat on my desk

Normally with this sort of thing, the receipt of the County Court summons is enough to make the person being difficult realise you are being serious and come to their senses.
 
M@rk - interesting. And well done.

Logic tells me that it's up to the seller to arrange collection of faulty goods.

I have offered to return the goods via recorded delivery at my expense as a gesture of goodwill, but this offer doesn't seem to be appreciated.
 
I sued Carphone Warehouse last year where I was still in possession of the handset (which they wouldn't repair, exchange or refund).

It went to court, the judgement was awarded and ultimately CPW paid out.

The phone is still sat on my desk

Normally with this sort of thing, the receipt of the County Court summons is enough to make the person being difficult realise you are being serious and come to their senses.

But did CPW say they wouldn't refund?

In this case, the original seller of the blu-ray player is saying they will refund, whereas the OP thinks that maybe they won't. If he sends it back and doesn't get a refund, he has lost the money he paid for it, and the return postage cost. But at least thats where the small claims court can clearly see the transaction and return process.
 
I think I mentioned it in my thread, but you may have to go to a court of the defendants choosing. If you need to travel the length of the country, you may not think it worthwhile.
With the greatest of respect, if I had sent something to someone and they had said it was faulty, I would want it back to confirm it was the same unit and was indeed faulty before refunding.
 
But did CPW say they wouldn't refund?

Yes they did

In this case, the original seller of the blu-ray player is saying they will refund, whereas the OP thinks that maybe they won't. If he sends it back and doesn't get a refund, he has lost the money he paid for it, and the return postage cost. But at least thats where the small claims court can clearly see the transaction and return process.

I see your point

If the seller has refused to accept it back then fine but if the seller has asked for it back before a refund will be given then the OP must do this first
 
as there appears to be a lack for trust between both the buyer and the seller the small claims court would expect a reasonable procedure before taking legal action I guess where hi value items are involved such as a 50% refund before faulty item is returned
 
I think I mentioned it in my thread, but you may have to go to a court of the defendants choosing. If you need to travel the length of the country, you may not think it worthwhile.
With the greatest of respect, if I had sent something to someone and they had said it was faulty, I would want it back to confirm it was the same unit and was indeed faulty before refunding.

It would tend to be at the claimants local court. The defendant could present a case to move it local to them but that would be at the discretion of the court.
 
It would tend to be at the claimants local court. The defendant could present a case to move it local to them but that would be at the discretion of the court.
True. When I took Thomson to court it was at a court of my choice
 
To be honest, I'm not sure how successful it would be regarding the purchase of a second hand item of a private seller. Bit different to taking a business to court over the purchase of a new product.

Cheers,

Nigel
 

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