Laptop returned a year ago, no refund/repair from seller Court Claim ?***Settled***

[DraxDomax]

It's an odd case. Mostly because I have autism and I struggle to communicate. I am sometimes catatonic for months.

 

In March 2016 I bought a refurbished laptop with 1yr warranty from SKUNKWURX LTD (they use many names, line svx-online, and others).

 

The laptop failed (motherboard burnt) and I returned it for repair under warranty.

The laptop failed again and I demanded a full refund.

 

Unfortunately for me, I was using the advice of Citizens Advice and Money Saving Expert, which are quite inadequate, to be honest.

 

(Since then, I've had the luxury to discuss with YOU my Ford problems, which YOU helped me resolve and I was happy to donate to your cause)

 

They said to return the laptop to them "for inspection". I decided to do so and sent them the laptop with a letter of final rejection. I really had nothing to do with a burnt laptop anyway.

 

I had sent the laptop on September 2016.

 

A year has gone and I neither have a message from them, nor a fixed laptop or my money back.

I've sent them a reminder 6 months ago.

 

All correspondence done tracked and signed. They received my letter. They are still an active company.

 

Can I do anything about it?

 

Much Obliged

 

Oh, it dissolved on 25 July 2017...

I guess that's it... ?

 

The director has 6 more companies, with similar names and same address.

 

The ebay account is still alive and selling (of course, ebay and PayPal are long out of the equation for me)

 

delete this reply please

 

Sorry for the spam but I must update that the ebay seller address is:

 

Hamid Taqui, ServiceX LTD, 4a Redgate Lane, Manchester, UK, Lancashire, M12 4RY

This company is still active.

 

I've sent the laptop to the PayPal payment address, which is:

Hamid Taqui, Skunkwurx LTD, 4a Redgate Lane, Manchester, UK, Lancashire, M12 4RY

- that's the dissolved one

[dx100uk]

you are still covered by CRA

warranties are in addition to your statutory rights under CRA

they don't replace or limit them in any way

neither does the fact that it was refurbished.

 

 

dx

[DraxDomax]

(Thanks for sorting out my posts)

Since they are quite horrible people and they will contest it, what are their possible lines of defense?

 

1. Can they say that they have never received the laptop? I have the tracking numbers from Royal Mail but it does not say what I am shipping or to whom. Only that it has been received by "dave" and a scribble. It doesn't even say the address.

 

2. Can they say that since I wasn't looking for the laptop for a year, I've forfeited it?

 

3. Could my legal dispute with them backfire to me? Like, if claim from them through the authorities, they will hire a super expensive lawyer and make me pay for it?

 

Thanks again

[BazzaS]

1. No, the onus would be on them to prove it was wrongly delivered.

2. No, unless their T's & C's say otherwise (and even then you could challenge any unfair contract term)

3. Unlikely. Almost certainly any claim would be in the small claims track, and you'd have to behave appallingly to become liable for costs, and with help from here, you wouldnt do that, would you?.

 

Those are some plus points.

 

On the downside, you have to both:

a) succeed in a court claim, and

b) then 'enforce' any award made when you win.

 

If the company is dissolved you may find yourself unable to enforce an award, and there is no point in 'winning' a court claim and then not getting anything from winning.

[DraxDomax]

So, what is my next step? Send them another T&SF paper mail or go ahead with the claims?

The company I bought it from has 6000 item for sale on ebay, they are not going anywhere.

 

If I do win an award, is there any pressure on them to pay it up or the government is NOT on my side here and I could be waiting for it all my life?

[BazzaS]

which company did you pay?

which company did you send the laptop to?

 

If both (payment / sent to) are the same (and are Skunkwurx Ltd, company no. 09635837, which has been dissolved), you may find yourself unable to successfully sue or enforce against ServiceX Ltd. (Company number 08876370) despite them having the same director and same registered office, unless you can find a way to show the latter is liable for the debts of the former...

[DraxDomax]

Well, the ebay seller account from which I bought the laptop was ServiceX. I paid automatically using PayPal and the PayPal account is Skunkwurx.

I think legally, since they (ServiceX) have shipped the product, they acknowledged the payment, even though it was sent to Skunkwurx?

 

I've returned the laptop to ServiceX.

 

Sorry for bumping, I am just wondering what is my next step...

[unclebulgaria67]

I don't know how much you paid for the laptop, but unfortunately, i don't think you will obtain a refund, even if you issued a court claim.

 

It seems the company you bought the laptop from and other companies run by the same director have had problems. If you look at their records, they have been threatened with stike offs and accounts are over due etc.

 

You have a valid reason to issue a court claim and might gain judgement against the company you bought the laptop from.

However, i am not sure they would actually pay you the money and you will have incured costs in issuing the court claim you might not get back.

 

If it were me, i would go into Ebay and enter negative feedback about the sellers companies.

I would also advise Ebay of the sellers conduct.

The seller might not be happy with such negative feedback, but it would gain their attention.

[DraxDomax]

Ebay/PayPal are long out of the question at this point.

 

Could you give me an idea what kind of expenses will the court take? I don't mind risking 100 pounds for my dignity knowing that I tried to get what's mine.

 

Laptop: 700 pounds

Compensation?

Interest?

 

Blagodarya

Edited August 23, 2017 by DraxDomax

[unclebulgaria67]

This link contains the info you need about fees etc.

 

https://www.gov.uk/make-court-claim-for-money

 

Before you make the claim, you would be wise to check that the company you bought the laptop from is still operating or has any assets. If you are not from the Manchester area, perhaps you can make enquiries.

 

Have you still got a copy of the Ebay information for when you bought the laptop ?

 

Can you post up the details of the Ebay sellers account.

 

If you look at the address on Google maps, i am not sure the seller actually trades from that address.

 

I suspect it an address used for convenience and they work from a residential address.

 

If you won a court judgement and sent in bailiffs to collect, i am not sure they would find the seller or any assets.

 

And the Servicex ltd accounts registered with companies house don't look good.

 

A large number of accounts settled beyond 30 days and very little assets held by the company.

[DraxDomax]

1. Here is the sales receipt from ebay:

https://image.ibb.co/bwu0z5/salenote.jpg

 

2. ebay account: svx-online, as you can see, they got a LOT of stuff up for sale:

https://www.ebay.co.uk/sch/m.html?_nkw=&_armrs=1&_ipg=&_from=&_ssn=svx-online&_sop=16

 

3. So the UK government doesn't care if a business has (hopefully for me) a court award against them and they can continue to con people, switch companies, STEAL laptops?

[unclebulgaria67]

Send the company a recorded delivery letter headed letter before claim. In the letter inform them that you will be issuing a County Court claim for purchase price of laptop, plus 8% interest and court fees. Provide them with all of the information e.g Ebay order number and details of subsequent communications. Give them 21 days to refund the puchase price of laptop or you will issue the court claim.

 

Given the length of time it has taken to chase it up, i think you should send the letter before claim and not proceed to issue the court claim immediately without sending such a letter.

 

In regard to Government, you could try to contact Trading Standards in the Manchester area to see if they are aware of anything, but they might not tell you.

[SuperVillain]

OP, are you sure your warranty was with Skunkwurx Ltd?

 

http://www.skunkwurx.co/ this is their website from a google search and it appears they don't sell laptops - just cosmetic upgrades for cars...

[DraxDomax]

Well I only resolved the confusion recently.

I bought the laptop from ServiceX. The paypal they linked for payment was of SkunkWurx. Therefore, I thought I was dealing with SkunkWurx because that's where the money went, right?..

Obviously, my warranty was with ServiceX and that's where I have returned the laptop to.

 

I know I am dealing with ServiceX, who are still active.

 

I will prepare my letter tonight and update.

 

Many thanks for the help. I hope I can somehow bring back something to your system.

(Definitely, if I will see any money back from it, there will be something in it for CAG)

(but I am willing to help in any conceivable way, in addition to money)

[steampowered]

The fact that the payment was sent to Skunkwurx's paypal account does not necessarily mean your contract was with Skunkwurx.

 

For example, if the website was under a different name or there was a different company name on your order confirmation email, you could say your contract is with that company.

 

Do you still have your order confirmation email and does it have a company number on it? Or is there a company number anywhere on the ebay page you ordered from?

[DraxDomax]

I am well aware of that. I bought the laptop from ServiceX and paid to SkunkWorx but ServiceX fully acknowledged the payment by sending me the laptop

They are the ones I have a contract with, loud and clear.

 

I've already attached the ebay sale note which has the company name and address.

 

This is not a company number but I've found that there is only one company with that name registered on that address so I would imagine I am rather safe to assume I have found the right company.

 

I have a whole letter as instructed.

 

I am just hoping to run my calculation through you before sending:

 

"

It is 328 days now, since 30-September, and I have received absolutely no response or refund from you.

 

I am now making time of the essence and request the following reimbursement within 21 days:

1. GBP 679 for laptop, as per sales price

2. GBP 48 interest, calculated as such: (328/365)*0.08*679

3. GBP 60 Court fees, online claim form

"

 

Is the interest calculated correctly?

 

Any other fees I may be entitled to?

[BazzaS]

You can't claim for court fees in a "letter before action" (if they pay up straight away you don't incur court fees!) , and you may struggle to claim interest.

You can tell them that if they don't pay and you have to issue a court claim that your claim will include court fees & interest.

If you win your case and successfully claim interest the court will allow interest from the date of the court claim.

[unclebulgaria67]

Agree. That is what i said previously.

If they pay you after receiving the letter before claim, it will just be the purchase price of the laptop.

There is no legal basis for interest or anything else, before a court claim.

 

If it is then needed you issue the court claim and can ask for interest as well as the court fee.

 

My only question in regard to the actual court claim is whether you are entitled to 8% interest on your money from a date this business failed to refund you or replace the laptop.

 

If you sent back the laptop on x date and they failed to respond after say 30 days, then i think you could justify interest backdated to say 30 days after you returned the laptop.

 

I think you could make the argument that this was reasonable.

[DraxDomax]

I am glad I ran this through you, I don't know what I was thinking. I will correct and let's see what they respond!

[DraxDomax]

Well, his time has elapsed.

 

I've received no letter/email/phone or money in the bank.

 

I guess that's sort of good, as no response looks more like in my favour?

what do I do now?

[steampowered]

The typical timeframe is 14 days.

 

If no response within 14 days from the letter, you can either give them one final warning or ahead and issue your claim.

[DraxDomax]

Let's say I'll wait for another week. Is it straightforward to file a claim? Are there any underwater rocks, pitfalls, gotcha's to be aware of?

[AndyOrch]

Nothing to stop you preparing your claim now........

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

https://www.moneyclaimsuk.co.uk/PDFForms/money-claim-online-user-guide.pdf

 

Andy

[steampowered]

One key pitfall is to make sure that you have the correct company name. People run into difficulties when they try to sue a company which does not actually exist. Do a search on the companies house website (https://beta.companieshouse.gov.uk/) to check that you are suing the correct company and have used the correct company name.

[DraxDomax]

OK thanks for the intellectual and moral support, hold fingers for me, guys!