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Thegreenpimpernel

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Everything posted by Thegreenpimpernel

  1. We have also uncovered underpayments going back a few months (again uncontested invoices & reminders sent by recorded delivery). Do we need to send separate LBA or add to the claim?
  2. BTW - this is a new issue. Member since 2010. I used to help on bailiff forum before the laws changed. Cheers
  3. Thanks Indeed. Why should i waste energy replying to defences like: "i thought you did that one for free". Just proceed to claim? I'm thinking that by not paying the uncontested / admitted amounts he has gifted me the opportunity to avoid costs even if he were to win (by lying) on the contested issues?
  4. Hello I did some work for a local business. I issued several invoices over the course of a few months. The business owner has not paid. I was warned not to trust him, so you could say i was asking for it. I sent him a letter before action. In his reply he denied owing some invoices - putting it on me to provide 'proof' of purchase order etc which i can see dragging out for some time. In his reply he admitted (in writing) that he owed certain invoices (of which there was no escaping the fact: email evidence etc) and that he would pay them. He also finally admitted having some of my tools which he had denied for months (again only because he had to. His employee had admitted it in writing). He promised to return them. Over six weeks later he has not paid the uncontested invoices, and has not returned the tools. Can I proceed to issue a claim on these issues ( the unpaid invoices and the replacement value of the tools) without further communication ? He is using the 'contested' parts of the debt to avoid paying any of it or return the tools. Thanks in anticipation of your help.
  5. I think MCOL says only in England and Wales. Or does that mean 'a court in England And Wales' as opposed to a 'defendant in England and Wales'?
  6. Andy Seems to imply a straight forward claim in local court will suffice? Thanks
  7. Hello dx Credit card. Though we looked into it at the time, and because it was a 'third party payment' chargeback, apparently, wasn't an option.
  8. Hello We received a product from a Scottish company (via Amazon) that did not fit the description. It was different in quality and appearance to the picture on the website. They have insisted that we pay considerable carriage to return the bulky goods (flooring). They are clearly in the wrong as far as distance selling and consumer law are concerned. The goods were not as described and therefore the onus is on them to collect and refund. My question: As it is not possible to use money claim online for a scottish defendant, how should i approach this? I don't see why I should use the scottish courts, as the supply was made to england and I want the case heard in my local court, which as a consumer I believe is my right? If the case is heard in scottland they know its not worth my while to proceed and I suspect the reverse is true. i.e. that they will not contest a case in person for £200 so far away. How can I use English courts and have it heard locally? Thanks
  9. Thanks for that. They declined to send an address despite asking several times. Only one I could ind was in the Netherlands.
  10. They don't give reasons, nor respond to detailed descriptions about colour, size, quality & construction. They just say she's not covered because the guarantee only covers things that don't work or are not as described??? I suppose it's made from the same species of wood as advertised. And it's a floor. That's where the similarity ends. Numerous emails pointing out all the above reasons why it is not as described are met with the same robotic response. She's not being fickle. I'm a woodworking professional, and even supplied the trader and Amazon with timber grade specifications. Another proffesional laughed out loud when he saw it! I'll try and upload pictures.
  11. This might be the answer: http://www.google.co.uk/url?sa=t&rct=j&q=how+to+sue+a+scottish+company&source=web&cd=9&ved=0CD4QFjAI&url=http%3A%2F%2Fwww.hallidaycampbell.com%2F2012%2F02%2Fregistering-english-judgments-for.html&ei=74eHU5aHJsTt0gWb8YCYBg&usg=AFQjCNFpfOq6tUvld0tWSkZC3lBLUpAJ_A&sig2=A93SQ8buKbGvkpmR0n9s-g&bvm=bv.68114441,d.d2k In short, yes, sue a scotish company from England, but with some extra steps to enforce it.
  12. Thanks. But what about Amazon ? Any Instances of holding them to their A-Z guarantee? The guarantee is clear in promising refunds where the goods are different as advertised. It was an important factor in ordering from an unknown entity some distance away. The goods are different colour, size, quality and construction than advertised. Yet amazon denies her the refund and regards the case closed! Surely they can be held to it ?
  13. Thanks Rebel, but still a bit ambiguous. Implies I need to act in Scotland, then in further sections goes on to tell you how to enforce a judgment awarded in England on a Scotish defendant?
  14. A quick google implies they would need to file against the seller in Scotland. Is this right? They would probably have to drag a sample of the flooring to Scotland to win. Costs?
  15. Good question ! The seller is in Scotland. The buyer is in England. I assume they make the claim in England?
  16. Also, the seller is a long way away. As the defendant, can they get proceedings moved to their 'home town'?
  17. Hello I'm helping a customer who has been sold a defective product on Amazon Marketplace. The item(s) were flooring that differed from the picture & description in: 1) the quality of timber, i e. full of knots & defects not shown in the picture. 2) the construction / overall appearance. 3) the dimensions Despite these differences, the seller - Flooring Direct - have refused a refund unless she pays for insured return carriage herself.(an insured pallet to Scotland). Amazon have denied her A-Z guarantee claim and subsequent appeal. Given the above differences, I'm sure that she will win in court if / when it comes to that, but given Amazons guarantee (shown below) should amazon be named as a joint defendant? From Amazons Website: A-to-z Claim Conditions When you buy from third-party sellers on Amazon.co.uk, the condition of the item and its timely delivery are guaranteed under the A-to-z Guarantee. You can make a claim.... Your request meets one of our A-to-z Guarantee conditions below. ........ The item you received was damaged, defective, or materially different from the item represented on the product detail page.
  18. Wow! Amazon have denied her claim. NEVER buy from there assuming you'll be covered by the Amazon 'A-Z' guarantee. This is unbelievable. The worst flooring I've ever seen. Nothing like the picture. Not just lower quality, but a different product? Long term we're not worried, court action if needed, but does anyone know if Amazon would be joint defendants in an action against Amazon Marketplace sellers? Is there a place on the forum for this? Thanks
  19. Thanks I think the chargeback route is not available: http://www.theguardian.com/money/2013/jan/19/amazon-marketplace-purchases-not-covered-consumer-credit-act I'll check OFT later.
  20. Hello My customer bought some flooring online. (Amazon Marketplace) It was nothing like the picture, and has to be the worst quality wood I've ever seen sold as a finished item ( I'm a furniture maker). The supplier, a pheonix firm that has previously been liquidated, denies the blatant difference in "quality" and insists on insured courier return at my customers expense! We are not worried about getting her the money back. It's a 'slam dunk' case of goods not as described, even without our help. The problems are: 1)That the absence of a floor (she can't afford another until refunded) leave her new kitchen undeliverable and in storage, for which charges apply. 2)The refusal to arrange collection of the flooring leaves it in storage. Again, charges apply. Can she claim compensation for the storage? Thanks
  21. Hello I've been in the furniture business for approx 20 years. We have always emphasised the presence of any veneers to avoid this situation (they perform better than the real thing in some scenarios!) You'll see that all the big retailers, especially online, are quite meticulous at detailing "oak effect" or "oak veneer". I don't think they do this out of the kindness of their hearts! More like they've learnt the hard way that it's a requirement. Send someone back to the shop with a camera phone to photograph the label that is on the furniture. Make sure there is a close up showing the text (both sides) and a contextual shot, I.e one that shows the label on the furniture. They don't need to be James Bond. I photograph labels all the time to remember prices & sizes - never had any trouble. If it doesn't state the presence of veneers, or if a person is likely to reasonably infer that it is solid, then you certainly have a case. Even evidencing the absence of a label / literature would help your cause. If either of the above are still true, after the shop are aware of your grievance, then that counts as goog evidence that they are being wilfully 'economical' with the truth.
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