Jump to content


sparky236

item on trial but forced to buy

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3626 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I was going to buy an item off my old employer and had the item on trial before letting them know if i wanted it , few weeks after this i went on sick for 3 months requiring an operation for an accident in work, after putting in a claim for loss of earnings a week later i received a invoice for the item and for a figure that was not agreed i offered to have the item returned as it is faulty but they are now taking me to small claims court for the amount can they do this?? they say I had enough time to decide but i was in hospital and living on morphine in extreme agony and the item was the last thing on my mind.

 

thanks

Share this post


Link to post
Share on other sites

Have you got any paperwork relating to the trial or was it all done verbally? The problem is the evidence which you can provide in the first instance on what the agreed terms of the trial were. Of course, they can take you to the small claims court, as you would be able to take anyone there as well. However, what will be the defining points are what terms were agreed, whether or not you abided by these terms and if you didn't, why not - in your case, you have mitigating circumstances of ill health which would have prevented you from returning the item to your employer - enhanced slightly as you had the accident at work. However, it would be up to a judge to decide how "reasonable" the accident was in relation to you executing your responsibilities for any verbal contract in place. However, verbal contracts are notorious to prove and are never recommended (always in writing) therefore it can be tricky proving what was agreed (on both sides). If they are not willing to show leniency and withdraw the court summons, you will need to go to court and fight it. Although, to sue an employee seems a bit of an overkill really, not doing much for employee relations. I would have thought they would want an amicable agreement to stop it going through work!

 

What item is it in question?


Lived through bankruptcy to tell the tale! Worked in various industries and studied law at university. All advice is given in good faith only :)

Share this post


Link to post
Share on other sites

Do you still have the item? What will damage your position somewhat is that you are still in possession of it, so regadless of anything, if you do not intend to purchae it, return it to them forthwhith.

 

They can then argue in court whatever they want, but they would have to prove you had agreed to the price, AND had asked you to pay or return the item BEFORE action was instituted. If they didn't, STILL get it bacvk to them but they'll be shown as bullying you, and will not win.

Share this post


Link to post
Share on other sites

Hi thanks for advice

 

I offered to return the item as soon as the invoice came and stated the price wasnt what was agreed They say that returning the item isnt an option and that if i enter their premises to return it then i will be classed as trespassing !!

 

it was a verbal agreement and was to be given as a trial to see if it all works value is £350 so not a massive amount but a invoice for £440 arrived a few days after my claim went in they even visited me at home when i was ill and no mention of it was ever talked about it.

 

Can I return it even though they state i will be trespassing, ever since they invoiced me i have always said in writing that it was not the amount agreed and that i wished to return the item they say i have had long enough knowing full well i was bedridden for 14 weeks.

Share this post


Link to post
Share on other sites

You don't say what it is - but I'm assuming all this is verbal, so a claim to be tresspassing could not be substantiated easily. Of course, you could get someone else to return it on your behalf, or by carrier/courier - obtaining a signature to confirm receipt.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...