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Small Claims Crt for dissappeared buggies ***Success***


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Hello, I am due to appear at a SCL in 2 weeks against a pram company.

This has been a really long-winded procedure. I´ve claimed 306 GBP, the value of 2 buggies.

 

Initially,

the first baby pram I purchased from them, broke and collapsed on the street with my 8 month old in it.

Company sent a replacement immediately. All fine.

 

I then purchased 2 buggies, from them for when kids were older in 2017 from third party sellers on Amazon.

Both buggies developed a string of defects (suspension broke, recliner broke, fold-up function broke, foot bags split/ too small) and after a run-around with third party sellers on Amazon, it finally landed back at Company X, who, after collecting the prams, told me nothing was wrong with either of them, other than they fixed the recline function, which they said was not a manufacturing problem. Originally, they told me they would assess the defects and then the sellers would be instructed to reimburse me. So I was not expecting to have either buggy back.

 

They then made an attempted delivery to the place of work where they were collected from, even though I no longer worked there and my home address was confirmed in writing as the delivery point. I was told by an employee friend from my former place of business, that the delivery was refused.

The buggies never arrived at my home and the company ignored all my emails asking their whereabouts.

After all this, I decided to go to SCL.

 

Now, 2 years later, I have a court date. Company X called twice last week trying to settle for the original claim amount.

I have incurred court fees for registering through Money Claims online and then again at the SCL and had to book non-refundable travel to get there, also the cost of the buggies and the ones I had to buy to replace them!

 

I suggested to Company X that if they refunded my travel and court fees, I would be happy to settle.

They declined saying "we have all the evidence".

 

I am very nervous about the court date as, what happens if a customer says there is a defect and the company says there is not?

Also, if I lost on that point, what happens if the company says they delivered the merchandise and customer never received it?

 

They seem to be very adamant that they delivered the buggies, but I don`t know where they delivered them and I don`t have them.

Would be really grateful for some advice as worried about giant court fines and having to pay their expenses.

Thank you.

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Thread moved to General Legal Issues Forum...please continue to post here.

 

Andy

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1 hour ago, Cadburyrose said:

also the cost of the buggies and the ones I had to buy to replace them!

 

I don't see how you can claim back both of those amounts. You can claim back the money you paid them for the buggies you brought from them, but you can't also recover the cost of buying alternative buggies from someone else.

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Hello, Im only made the claim for the cost of the two buggies. I mentioned the additional cost because if the company are only now, after all this time and effort only offering to settle the claim cost and not my court fees or the travel costs for having to make a claim against them, it just doesnt seem right. 

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  • 2 weeks later...

Hello, just thought I´d enter an update in case anyone else has similar problems.

The judge ruled that from the moment the company collected the buggies, they then became "stewards" of those buggies and had the responsibility to see that they were delivered properly. They failed to do this, in this case, and so were liable for reduced value costs of the buggies, plus travel, plus missed work and court fees expenses incurred by the claimant. Interestingly, childcare costs were not recognised as a cost, which...was baffling. The company was given 3 weeks to make payment.

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Many thanks for the update Cadburyrose ...thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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  • Andyorch changed the title to Small Claims Crt for dissappeared buggies ***Success***
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