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Mark.F

What constiutes an attempt at negotiation in Pre-Court Action Conduct?

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Hello,

 

In Pre-Action Conduct, I am expected to have tried my utmost to settle my dispute out of court, but what constitues an attempt to conduct negotiations? I am at the Formal Complaint stage.

 

The online retailer has admitted fault, concluding they'd incorrectly sold me goods (as pictured & described) for the price-code of other goods. They attempted to send these other incorrect goods. To switch to the goods as-advertised, they demand the £125 price difference, which is in breach of contract and their own Terms & Conditions.

I want them to honour our binding contract for the goods, but for an example of negotiation, am I expected to offer to pay for their courier up-to £25?

 

Which? consumer magazine's sample Letter Before Claim includes, "I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard." - is this sufficient for negotiation?

 

Also, how does this look for the bottom of my Formal Complaint, "If this cannot be resolved amicably, I will bring County Court proceedings against you for damages, being the cost of having to buy the goods elsewhere (source: Which? consumer magazine). Added to this any consequential loss including, but not limited, to an extra day's holiday for new delivery, and costs, and Statutory Interest of 8% per annum (source: MoneySavingExpert.com). And amongst other effects, this will be forwarded to the Trading Standards in Herefordshire and be on the National Trading Standards Database."

 

Thanks,

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