Small claims court

Neek01

Registered User
Messages
15
Hi, I'm just wondering if anyone has any experience with using the small claims court? I lodged a claim against a large retailer as the item we bought was faulty and they wouldn't give a refund. This was back in August and no progress since! They wrote to us early September asking for the receipt which we provided immediately and we have not heard a thing since. I have followed up by phone and email but get nowhere. Is this normal? I thought they were supposed to assist with speedy resolutions.
 

galway_blow_in

Frequent Poster
Messages
1,576
Hi, I'm just wondering if anyone has any experience with using the small claims court? I lodged a claim against a large retailer as the item we bought was faulty and they wouldn't give a refund. This was back in August and no progress since! They wrote to us early September asking for the receipt which we provided immediately and we have not heard a thing since. I have followed up by phone and email but get nowhere. Is this normal? I thought they were supposed to assist with speedy resolutions.
Hit them with the consumer rights act, give them chapter and verse re_ purchase of goods
 

mathepac

Frequent Poster
Messages
6,948
Repair, replace or refund at the retailer's discretion, but in a reasonable time frame.
 

dereko1969

Frequent Poster
Messages
2,702
Hi, I'm just wondering if anyone has any experience with using the small claims court? I lodged a claim against a large retailer as the item we bought was faulty and they wouldn't give a refund. This was back in August and no progress since! They wrote to us early September asking for the receipt which we provided immediately and we have not heard a thing since. I have followed up by phone and email but get nowhere. Is this normal? I thought they were supposed to assist with speedy resolutions.
Sorry, it's a bit unclear from your post. Did you contact the Small Claims Court in August or the retailer? Did you exhaust proceedings with the retailer prior to this - did you quote the Consumer protection legislation as posted above with replace/repair/refund?

Have you followed the procedures set out here:

Particularly:

Claims can be made for faulty goods, bad workmanship or minor damage to property, but before you make a claim, make sure you know your rights and have followed up on other options. You should also check with the Registrar before you submit a claim through the Small Claims procedure to make sure they look at your type of issue.
 

Neek01

Registered User
Messages
15
Yes we went through the retailer first and did all of the above. We then submitted a claim through the small claims court in August which the registrar accepted. We have had very little correspondence since, when I check online it says that they served the papers to the other party. We were asked for a receipt which we provided immediately and no info since.
Has anyone else had experience with the small claims court? Is it usually so slow?
 

Thirsty

Frequent Poster
Messages
2,259
@Neek01 - I'm submitting a small claims case myself - wondering how you got on?

Can anyone else tell me if I should be able to upload documents at this point? or do I wait until I'm asked for them?
 

Missladycakes

Registered User
Messages
31
Would love to hear how you guys are getting on with this. I submitted one to the UK against a very big company. Dragged on for months and finally was told I didn't give enough evidence. Apparently photos before and a lot of photos after the incident isn't evidence???? Lie after lie from the retailer that I had proof of and still nothing. I don't mind it cost £25 but it's the dragging out and in the end I should have gotten a lawyer. Which makes no sense as this process is to keep costs down.
 

keepon

Frequent Poster
Messages
101
Did it about 4 years ago with a claim against on online IT supplier over a PC that just died, just out of warranty period. They tried to play hard ball and told me to pfo. The claim went in and after about four rounds of bouncing back claim and counter-claim -- hugely labourious because all via snail mail, of course -- they just gave up so we got the verdict.
 

Neek01

Registered User
Messages
15
Sorry for the delayed reply! No we haven't had any joy, it's been going on since August last year. It's really a waste of time going to the small claims court it seems. I always thought they were supposed to be a quick and easy way to lodge claims but definitely not in this case.
 

Leper

Frequent Poster
Messages
1,056
I have some experience of the Small Claims Court and at the other end. I was "summoned" by a guy who was great at pontificating and dictating his opinions (probably an ugly clone of me). It cost him €25.00 to lodge his claim and I was given two weeks to submit a written response to his allegation. The SMC did not find in his favour, but for a mere €25.00 the experience cost me much more in time, presenting my side of the story, worry etc. The guy's wife contacted me after and apologised for her hot-headed husband's behaviour. She had not known that there were proceedings against me.

I don't dictate what happens in the Small Claims Court, but I feel there should be some form of advance bond included that if the claim was thrown out, at least the guy who was wrongfully subjected to unnecessary expense etc should be financially compensated at the expense of the guy making the allegations.
 
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