Small Claims Court

Nefarious

Nefarious

Nefarious

Associate
Joined
1 Aug 2003
Posts
1,053
Does anyone have any experience with the Small Claims Court?

To recap:

I ordered some goods from Currys, they were 'left in a safe place' by the courier but I never found them (presumably stolen). I contacted Currys and eventually they said that I'd have to wait 14 days for an investigation before they could refund me. After the 14 days were up they said that the appropriate person to make the refund was not available, I tried contacting them another few times then told them I'd make a claim against them if I didn't hear back by the following week.... I didn't hear back.

Anyhoo, I started my claim and have had various conversations (some less pleasant than others) with Currys' legal team and it looks like it's actually going to go to court (they offered mediation, but required that I accept less than the full amount). Does anyone have any experience with the process?
 
Bought online? Used a credit card? Over £100 spent? If so, go via your bank... easier and quicker to just make a Section 75 claim.

But yeah, if you do go via court it sounds like a pretty done deal in your favour.
 
If their legal team are happy to stick this in front of a judge, they must have something in their defence. It is utter madness otherwise.

What is the value of the items?
 
Whats the value of the items, they might not even send their legal team and just let it default to you if its only £150 or something I doubt it would be worth their time even if they win.
 
As above do it through your credit card, more painless. I am absolutely surprised they are not sorting this, as every (rare) instance I have not received an item every etailer big or small sorted it out either by refunding or sending a replacement.
 
The claim has already been issued, so can't go through the credit card company and it was only one part of a larger order so also made it unsuitable for that. The part that I'm claiming for is over £500.

I agree that it's fairly open and shut, their defence at the moment seems to be to deny everything and make me look overly litigious. Sadly I don't record my phone calls as it interferes with my foil hat, but what they can't deny is that delivery failed and despite repeated attempts at contact over two months they had failed to refund me.

The question that's really on my mind is what costs I can claim for. I've poked around online and it says that I can claim £90 for just turning up at court, interest on the amount owed at 8%. Simply put, I have found them incredibly unreasonable and this has all been rather time consuming so have decided to make the best of a bad situation and include as much in the claim as I can legally and reasonably do.

I agree that no judge would look at this getting to court in a favourable light. They requested mediation, but that requires that I accept a value lower than that which I'm owed, so I turned it down and wrote them a letter explaining this.
 
I honestly don't trust couriers anymore. I sold a HTC M8 to a phone recycling type company as I was in a rush and desperate (at the time) for the money. The company I sold it to got back to me saying that the bag arrived, it was ripped open at one end and the phone wasn't inside.
 
PudWud said:
I honestly don't trust couriers anymore. I sold a HTC M8 to a phone recycling type company as I was in a rush and desperate (at the time) for the money. The company I sold it to got back to me saying that the bag arrived, it was ripped open at one end and the phone wasn't inside.
Click to expand...

Same here. I've had so many items not arrive that I'm starting to avoid online shopping and try to buy from shops again.
 
PapaLazaru said:
If their legal team are happy to stick this in front of a judge, they must have something in their defence. It is utter madness otherwise.

What is the value of the items?
Click to expand...

Not really.

I took a company to court who said I had no case against them, it wasn't their responsibility and that I should go ahead and take them to court.

I did, backed by the legal team of my insurance company. They settled before it got to judgement because my case was water tight (ironic given my claim involved negligence leading to an escape of water in my home!) and they knew they would lose and didn't want the judgement.

A lot of the time they just try and make out like they think they can defend the case just to stop you from bringing it to court to begin with.
 
BDEE said:
Not really.

I took a company to court who said I had no case against them, it wasn't their responsibility and that I should go ahead and take them to court.

I did, backed by the legal team of my insurance company. They settled before it got to judgement because my case was water tight (ironic given my claim involved negligence leading to an escape of water in my home!) and they knew they would lose and didn't want the judgement.

A lot of the time they just try and make out like they think they can defend the case just to stop you from bringing it to court to begin with.
Click to expand...

That's a coincidence, not irony! :p

This is the case most of the time with stuff like this, they will lie and act like they're fine with you going to court, even encouraging in the hope that their confidence makes you fall for their bluff and you just accept what they've said.
 
You must log in or register to reply here.
Back
Top Bottom