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Starting a money claim against Porcelain Superstore

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Dear members,

 

Due to a dispute with a company called Porcelain Superstore, I would need to check the following in order to submit a money claim online properly.

 

The problem happened after I purchased a set of tiles from their online shop www.porcelainsuperstore.co.uk (£3255.84).

 

While the tiles are described as "Grey" on their online product page, my wife & I received Brown tiles.

After contacting them and sent the picture taken by our builder (who spotted the problem when he received the tiles), Porcelain Superstore accepted to refund. Then I purchased a different set of tiles from them again.

 

Porcelain Superstore missed the collection date that they had communicated, which costed me an additional £140 of labor (as our builder had to place the faulty tiles on a pallet ready for collection on the day, and then again).

 

From there, Porcelain Superstore became particularly unpleasant.

 

At the end, the collection of the faulty tiles happened.

However, Porcelain Superstore refunded the tiles LESS an arbitrary fee for the return. Both Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 (Information, Cancellation and Additional Charges) define that the seller must not charge anything when the goods are faulty.

 

These people behaved awfully without the least consideration and I won't accept they simply decide not to pay. I want to claim the arbitrary fee.

 

My questions are as follows:

 

1) Question 1

In the claim form, do I only refer to:
- Consumer Rights Act 2015 (http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted)
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: (http://www.legislation.gov.uk/uksi/2013/3134/contents/made)

or should I cite the elements of each act that support my claim?

 

2) Question 2

I have sent a "Letter before court claim" by 1st class mail, and a PDF copy of it by email.
Is there anything more I am supposed to do before submitting the claim?

 

Thank you in advance.

 

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Well the first thing I have to remark is that you sent a letter of claim without knowing what the steps are and without being ready to go.

This is where you risk letting yourself down and losing credibility.

You embark upon the legal action as soon as you send the letter of claim. Send a letter of claim means that you're making a threat which are prepared to carry out and you already know the steps and the answers.

You've been here since 2013. None of this should be a surprise.

Frankly you don't need to refer to any legislation at all. You simply need to lay out the facts. You are only litigant in person, you are issuing your claim online and there is a limited character limit.

You haven't really given a very full account so it's not entirely clear what piece of legislation you should be suing under.

Did you order the items online or did you go to the shop? How quickly after the delivery did you inform them of the problem?

 


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You're right BF.

 

I have been a claimant once (in 2013), at that time I used the Citizens Advice and perhaps I should do the same because the issue is different.

 

Still if it helps:

- I ordered online on their website www.porcelainsuperstore.co.uk

- I advised PS the very same day the builder received the items and took photographs to let me know. Since then, I have contacted then many times by email and phone, they acknowledged the issue but never come back to me. That's the reason I decided to issue a letter before court claim.

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Quote

The claimant entered into a distance contract with the defendant online seller for a quantity of grey tiles – order reference number X X X for £ZZZ.
The tiles which were eventually delivered were Brown in colour rather than the grey which had been ordered. The claimant informed the defendant the same day. The defendant eventually agreed to collect the incorrect consignment and to deliver the correct tiles that missed their promised delivery date.

As a result of the defendant's breach, the claimant has suffered losses of £X X X in respect of explanation and so the claimant claims £X X X in damages plus interest pursuant to section 69 of the County Courts act 1984

 

Please amend or correct any of the above. If you feel that this sums up the situation then I don't think you need any more.


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Hang on, I see that my dictation software has written "suffered losses of £X X X in respect of explanation ". I have no idea what I intended to say for the word – explanation – but it is meaningless so don't send it in like that.


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I seem to think that the word explanation was intended to mean that you should fill in your explanation here and I have amended it accordingly.

If you issue the claim, I suggest that you post up your draft particulars here before you actually click it off.


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Yes I have printed the documents to be sent by post as particulars.

 

And yes, I did re-read and modified so "explanation" disappeared.

 

Thanks so much again for your attentive help.

 

I'll post an update when there's one.

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please post the draft here


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