Potential of Success in a Small Claims Court

[One]

I know this matter is a bit trivial but thanks in advance for any advice given.

I purchased an exercise bicycle from Mr. Anomyous, a sole trader. I have kept the receipt. It was a relatively expensive exercise bicycle costing €450, and I thought long and hard about buying it. One of the factors influencing my decision to buy this bicycle was that it seemed particularly sturdy and robust and would last for many years. I thought that initially the cost is a bit high, but that I would have this bike for 15-20 years. The bicycle did seem that sturdy! I have had operations on both of my knees, and I really did need an exercise bicycle.

A week later, a clicking noise started to emit from the exercise bicycle. Over the following few days this noise became progressively louder. I phoned Mr. Anomyous to tell him that the exercise bicycle was faulty.

Mr. Anomyous called to my house the following week, and tightened some bolts on the bike. The noise seemed to stop, but it returned soon afterwards. The noise at times is quite loud. It occurs every time that pedals rotate a full turn. It sounded so bad, I thought that pedaling may cause further damage.

After missing another two arranged meetings with me he eventually came again on a Friday evening. He concluded that the fault originated from the bearings in the pedal and said he would order them in and would return the following Friday and fit the pedals. Mr. Anomyous did not arrive on the following Friday. He did not phone me to say he was not going to come.

I phoned Mr. Anomyous the following Tuesday. He said that a box had arrived with lots of items in it, and he was going to look through it, and would ‘get in touch with me’. He took my phone number as he said he was having a problem with his phone. Mr. Anomyous did not make any contact with me.

Two weeks later I phoned Mr. Anomyous every day, once a day, from and including Monday to Friday. I sent him an e-mail to his business e-mail address, on the following Tuesday requesting him to phone me, and I included my phone number on this e-mail. I received no phone call from Mr. Anomyous.

I drove approximately 10 miles to his house the following day. He said that the pedals arrived two weeks ago. He said he did not know that I was phoning him, as he now had a new phone and a new number. He asked me to phone him the following day, and he would come to my house at around 6pm and fix the exercise bicycle. I phoned him at 4pm on using his new number. There was no reply, so I left a message to contact me. I phoned Mr. Anomyous at 5pm, the phone was turned off. I sent Mr. Anomyous a text message stating that due to the prolonged delay in repairing the exercise bicycle, I wanted a full refund within 24 hours instead. Mr. Anomyous made no contact with me.

I phoned Mr. Anomyous on Friday twice using his new number. There was no reply. My calls were not returned. I phoned Mr. Anomyous on Saturday. There was no reply. My call was not returned.

I want to go to the Small Claims Court about this matter. At this stage I would really like to have a full refund. My questions are;

1/. Can he bring his solicitor to the Small Claims Court with him?
2/. Do I need to bring this matter to a solicitor?
3/. Is it likely that I will get a full refund?
4/. Am I completely "in the right" on this matter?
5/. Because it is December, will this matter make it into court before Christmas? (I have sent in the application form already).

 

[McCrack]

I wouldnt say it's necessary to engage a solicitor but I will say (and I suspect you have already done this) is to document everything ie all correspondance and have this with you on the day, I'd also say to cease making any further efforts to contact him from now on and I'd also say to not engage any further with him if he decides to contact you in the future prior to the Small Claims hearing...

On the facts you say I'd think the Small Claims would certainly rule in your favour, essentially the seller is responsible for repairing/replacing or refunding the consumer on faulty goods.

Go into Easons or any other bookshop and pick up a copy of a consumers guide to consumer law, there's plenty of them out there and they are quite easy to read.

Good luck.

 

[ubiquitous]

I'd also say to cease making any further efforts to contact him from now on and I'd also say to not engage any further with him if he decides to contact you in the future prior to the Small Claims hearing...

Be very, very careful before you heed this advice. I made exactly this mistake 7-8 years ago in relation to defective goods purchased, only to find myself screwed. I decided not to bother arguing with the retailer, who was difficult to deal with, I went to the Small Claims Court, got a positive result there, but the bailiffs refused to collect the sum due to me as they had previous problems chasing the same retailer for money.

Unless the guy who sold you the bike is an established trader, who will remain in business in the medium term and is protective of his reputation, the SCC will be of of dubious use to you. If he is a sort of Dellboy who his prepared to play ducks & drakes with the SCC and bailiffs, you will quite likely end up with nothing but a headache.

 

[Towger]

After all of that don't forget that exercise bikes can be written of as a medical expense :[broken link removed]

 

[One]

Hi all,

Thanks for you advice (and for the time taken to read my very long post). Your advice is most interesting and helpful.

 

[Stifster]

I want to go to the Small Claims Court about this matter. At this stage I would really like to have a full refund. My questions are;
1/. Can he bring his solicitor to the Small Claims Court with him?

Yes

2/. Do I need to bring this matter to a solicitor?

For that money, no. See thread on solicitors fees.

3/. Is it likely that I will get a full refund?

possibly, not fit or the purpose it was sold.

4/. Am I completely "in the right" on this matter?

Well we have only heard your side of the story but I can't see how you could have done anyhting else

5/. Because it is December, will this matter make it into court before Christmas? (I have sent in the application form already).

I would have thought unlikely, there is only another week of Court sittings.

 

[One]

I got a letter from Mr. Anonymous. I had previously sent him a letter telling him I was making a application to the small claims court. My letter consisted of much of my original post.

The letter from Mr. Anonymous has made me question whether I am in the right. He is also claiming things in the letter that are simply not true.

He claims in his letter that:

• He told me to bring the bicycle to his warehouse for it to be repaired. (He never said this. He repeatedly said he would come to my house to fix it). But…this makes me wonder have I been in the right legally on this point. I never even thought of bringing the bicycle to him, because (a) he had always offered to come to my house and (b) the bicycle is extremely heavy and awkwardly shaped. I would find it very hard to bring it down the stairs; I couldn’t fit it into my car and would find it very hard to even lift it myself. However, from a legal point of view, I do wonder if he has a point here. Most people bring the faulty item back to the place of purchase. In my case, he originally delivered the bicycle.
• He has no insurance to come to my house to do work on the bicycle. Those times that he did come, he claims he was only doing it as a favour. …..This makes me wonder have I been in the right legally on this point. His point here would make sense to a judge I think.
• He acknowledges in his letter that there is a minor noise coming from the right pedal in the bicycle. …..This makes me wonder how much noise a pedal has to make before I am entitled to the refund I am looking for. The bicycle may still be a merchantable good and is still probably fit for purpose for the time being. In my opinion, the noise at times can be quite loud indeed, and undoubtedly something is wrong with the pedal. After spending €450 on an exercise bicycle, which I think is quite a lot of money. I don’t want a clicking noise after a few weeks. I would hope that the bicycle has a durability of years and years.

Looking at the dispute from independent point of view, I am not confident that I am entirely in the right at all. I must repeat, he never told me to bring the bicycle to his warehouse for it to be repaired. The first that I heard of this was in his letter. I am a little shocked that he even said this to me. But, who is going to believe who? I can’t prove what he did or did not say.

I was reading a book about The Small Claims Court last night where it says that the court will look for reconciliation between both parties. The book states that a judge said ‘there would be no need for a Small Claims Court if people would just communicate with each other’. By ignoring his letter and his request to bring the bicycle to his warehouse for it to be repaired, it may now be me who is being unduly unwilling to resolve the matter between ourselves, which is against the wishes of the court.
There are two reasons that I don’t want to bring the bicycle to the warehouse for it to be fixed (not including the reason that I don’t know how I would manage to transport it there). (1) He has not come to my house when he said he would. He has not returned my phone calls. This has created a bad feeling in me, about communicating with him. I feel like a fool, and that he can say what he wants to me, and it doesn’t matter. I don’t want to be continually treated like that, and I think he may well continue this behavior towards me. (2) If I have more trouble with the bicycle in 6 months time, I don’t want to have to go back to him again. I don’t want to be in a ‘contractual relationship’ with him any more. I just want a refund and I will go and buy the bicycle elsewhere, because we don’t seem to be able to agree with each other.

So once again, looking at the dispute from independent point of view, I am not confident at all that I am entirely in the right. I think there are uncertainties in my argument. There are matters I cannot prove. I could produce phone records that show when I called Mr. Anonymous, and how many times. I have an e-mail that requested him to phone me. I have a receipt. I have my word but does that count for anything? I am not convinced that I am entitled to a refund.

My question is, from your point of view, is my quest for a full refund still a strong one, or have the details above just confused the dispute and cast doubt upon the outcome?

 

[ubiquitous]

My advice to you, based on the mistakes I made myself when I was in the same position that you are now, is to grit your teeth, engage with him, communicate the best you can and try to resolve the problem without going to the Small Claims Court.

You could have the best case in the world when you go to the Small Claims Court, but even if you win there, you have no guarantee that you will ever receive a cent.

 

[Jane Doe]

I just want a refund and I will go and buy the bicycle elsewhere, because we don’t seem to be able to agree with each other.

[broken link removed]

I wrote a letter based on above link and [broken link removed]to a computer shop who sold me a wonky computer chair and got a refund. I rang the shop and asked for email for manager and sent to her.This was after the guy who delivered came and looked at it and said it was OK. I said I was cancelling my contract with the shop and wanted a refund.There was also a factual difference in it was described as having a tilt back but did not.

I think the manager there might have been more reasonable but also think when she got in writing that I knew law etc it helped. Look up making a consumer complaint at link below they may investigate it
http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/ and also see [broken link removed]

Good luck post back how you get on

 

[One]

Thanks Ubiquitous and Jane Doe for the good advice. I eventually got in contact with the manufacturer, and under the manufacturer's guarantee, I was sent two spare pedals. I was able to fit them in 5 minutes, and thankfully the problem has been solved! No more noise! I will now write to the Small Claims Registrar and state that the matter has been resolved.

Happy Christmas and Best Wishes to you both.