Money Claim online against The Coffee Shop for coffee machine

[Cypriotxx]

Hi , the last part is the defence letter came with the forms for me to submit reply before the 9th jan , and not sure how do i go about it how to word the whole thing..

[Ganymede]

What have you received from the Court with this Defence?

 

Can you please be very precise and type it out verbatim?

[Cypriotxx]

i have upload them here if you can check pls

http://ozzmail.com/cpapers.pdf

[Ganymede]

Ok so you have received the Directions Questionnaire (DQ) from the Court. This is fairly straightforward to complete.

 

If you choose to file a Reply to Defence (it's optional) then you must file it at Court and serve on the Defendant with your completed DQ.

 

Now tell us, is there truth in the Defendant's claim that you wouldn't send it back at first and wanted to get a refund and keep hold of it and send it to the new buyer directly yourself?

 

Also, why did you not fully check the specifications of the equipment before purchasing it?

[Cypriotxx]

i understand, thnx

 

when we realized that it needs 3phase electric connection we asked how do we go about this and he suggest different alternatives and they were not good ., and we send a text to ask would you like us to dispatch the item from here to your new buyer we dont mind doing that to save us money , and from that text to the starting the court we been ignored , called so many times and he never get back to us till the moment i started the moneyonline court process and email them and they started to write back and fore .... thats when they suggested that i should chose the option where its says settled so once i do that they would send my money back ..(even tho they received their item ) thats why i was like no i dont trust this guys now what if they wont send my money back ... and here we are now.... if you look at the specs there is no mention of 3phase electricity needed

[Ganymede]

I think a Judge would say it was your fault for not checking or researching the product before purchasing. Unless of course you directly asked the Defendant and they misled you about the 3 phase electricity (which I don't think is the case here).

 

How long did you give the Defendant before starting the Court claim? Did you send the Defendant a "Letter Before Action" or notify them in writing that you were intending to go to Court?

 

Thanks.

[Cypriotxx]

we sent letter and email and text on 20th OCT , and started the process on the 9th NOV when we didnt have any respond till i started...

[Ganymede]

Fair enough, and they accept some delay on their part.

 

The thing I am struggling with is will a Judge think it's reasonable for you to have a refund in full and keep the item and post it on yourself instead of sending it back to the Defendant? I struggle to see how this would have been a viable option as the Defendant would have needed to check the item again before reselling it to someone else.

 

So on what basis do you believe that you are entitled to a full refund plus a refund of the postage?

[Conniff]

I don't think this will be a walkover. The product is advertised as 'commercial'. Most commercial equipment will be 3 phase and very rarely will you find a domestic premises with a 3 phase electrical supply so you needed to check out your intended purchase more carefully.

 

The 'I will send it on to the next purchaser' really is a no no. That would have made the equipment second hand and with no guarantee that the equipment worked and who would be responsible for a return if that was the case plus, of course, they are fully entitled to have the equipment in their hands to be checked that it is the same one they sent you, has not been used or abused and is in full working order before supplying to another customer.

 

This isn't faulty equipment but a mis-purchase.

[Cypriotxx]

Thank you so much for all your answers ,

i guess all i can do is fill the forms and send back , so where it is saying need mediation service i can say no to that ?

[AndyOrch]

Dont refuse the option of mediation...all parties are expected to participate....irrespective of the outcome.

 

Andy

[Cypriotxx]

okay , thank you so much

 

Have a lovely new year ..