Distance Selling Regulations- tested in court- a toothless tiger? xxx WON ON APPEAL XXX

[raydetinu]

I think it would be reasonable to expect the original packaging to be returned, by that I mean blister pack or box it is sold in. not the postal packaging.

That is what I have done, so at least they can repackage.

You can throw the pack in the bin, of course if you intend to keep the item!! If you don't want the item, why would you throw the pack or box away?

[noomill060]

The packaging was damaged on arrival and disintergrated on opening. It was disposed of before it was apparent that the contents were unsuitable.

 

 

At the time it was disposed of, I was yet to cancel and it was therefore mine to do with as I wished.

 

 

The packaging thing is a red herring. It was not stated in the terms. Section 10 states the contract is cancelled when the consumer notifies the seller and the contract is treated as if it had never happened.

 

 

Just to confuse things, the ebay page relating to this transaction is no longer available and no copy was made either by myself or the seller!

 

 

In the time between starting the small claim (last June) and the time of the first hearing, the page was deleted by Ebay.

 

 

I can prove it was bought and paid for and cancelled with the Paypal transaction page and the copy of my cancellation email, but the seller doesn't have any evidence of the terms it was sold under.

 

 

Meeting with solicitor tomorrow to discuss the appeal. I guess it would be sensible to accept his advice.

 

 

With the help of Caggers, I've convinced Sharkley's that they owe me thousands instead of the other way round, I've had DCAs paying me good money for the privilege of annoying me, I've banks searching in dusty archives for 25 year old statements for me so I can sue them and I've had the Student Loans Co paying me back money they knew they weren't entitled to in the first place.

 

 

I'm not going to let some bloke in a corner shop in the arris end of nowhere evade DSR just because he didn't get a scabby cardboard box back.

[raydetinu]

Admire your determination and good luck.

If you do appeal, I hope you get a better and more sympathetic judge.

[noomill060]

Thanks. I saw solicitor yesterday and he cant see why an appeal shouldn't work, but you cant tell with judges!

 

 

Told me what to write in the points of law and reasons for appeal boxes.

 

 

Just waiting for confirmation in writing from the court that my case has been dismissed and my appeals good to go.

 

 

Case was heard on Thursday but haven't heard from the court yet. I would have expected to get a letter from them on Saturday. I wonder if the judge is looking to reconsider after I mentioned that I would be appealing?

 

 

Solicitor says mine would be the first appeal against a small claims judgement at this court, ever!

[slick132]

Solicitor says mine would be the first appeal against a small claims judgement at this court, ever!

 

You'd think there would be loads of appeals based on the treatment you rec'd at the hands of that Judge !

 

[noomill060]

People here don't have the assertiveness to challenge anyone with authority higher than a park keeper, well not unless they go about it with an AK47.

 

 

Still nothing from the court.

[noomill060]

Time for an update.

 

 

A month ago I received notice from the court that the case had been listed for hearing before the County Court judge on 2 May.

 

 

My appeal was successful and is very bad news for Knights Electrocom Ltd of 11 King Edward Street, Kirton in Lindsey in Lincolnshire who now have a CCJ against them.

 

 

http://www.kcb.co.uk/shop2/

 

 

Full details later if anyone is interested.

[slick132]

Hi Noomill,

 

I'm delighted that you won your appeal.

 

Please let us know if you get back what you are due.

 

[Surfer01]

I would be very interested in the details as the original judge was incorrect in rejecting the case altogether. I am surprised at the postage refund on a "Change of mind" as I recently had to do battle to get a refund on postage for goods that were damaged. The company stated that their T &C did nto allow for postage to be paid whether or not the goods were damaged and thought their T & Cs over rode DSR. They lost!

[noomill060]

I'm going to scan all the appeal forms and responses and give an account of my day in court, well, my 20 minutes in court!

 

 

The crux is that the seller is bound by EBay's listing policy, which trumps the seller's right to hide behind their own T&Cs.

 

 

(It'll have to wait till I've a few more buckets of Blend 37 though.)

[biggeorge]

More details please, Great result on appeal, Good for you.

What about the first judge ignoring the law and DSR, Can't something be done about him,her, Suppose to be a judge but knows nothing.

 

George

[raydetinu]

Cool, well done.

[SmallWithTeeth]

Well done, but a few points.

Is there a rule that a judge must be expert in the area of law for the case he/she is hearing? You should have had a copy of the statutes or decisions which you intended to refer available for the judge to see. If you want the court to help, you must make an effort to present your case properly. Is it enough to be willing to recite the section of the law to the judge?

As for her taking your notes for herself, you should have provided the court with a copy of all your notes which you intended to use. She left you to rely on memory so it seems she wanted to demean you and interfere with your ability to present your case. Having said that, her decision was overturned at the appeal which leaves an official record of her being wrong.

[dx100uk]

bit late...thread is +18mts old

 

 

dx

[SmallWithTeeth]

To avoid unwanted posts in the future, what's the time limit? Given that the thread is still available for viewing on the CAG site, is it still being read? Is there a way to check? I thought people might still read it and would appreciate a constructive comment.

[dx100uk]

Well only those that still use cag at the bottom of this thread will see your post

And as it was resolved I doubt anyone will read it

 

Better to join active threads if you want to help

And please do

Unless we can help you?????

 

Regards dx