Sent a watch to a watch-mender to get it fixed. - Refund under guarantee? ***Resolved***

[vegetablelasagne]

How much does taking legal action - taking him to the small claims court - cost? I read that it was £25 but that sounds too cheap? Is that just for the the initial hearing or something?
Thanks.

[BankFodder]

There will be a claim fee based upon the value of your claim and then an allocation/hearing fee - also based on the value.

In your case - probably about £100 total which you will recover if you win

[vegetablelasagne]

Thank you - no option then, but to take legal action.

How depressing.

 

Thanks again for your help.

[BankFodder]

Yes it is a nuisance.

We are happy to help you take the necessary action if you want

[vegetablelasagne]

Thanks - my main worry is that he knows my address - I'm almost expecting to wake up to slashed tyres if I win the case. 
It's all beginning to really worry me and I'm wondering if I should let it go - but £200 is a *lot* of money to us.

[BankFodder]

I expect that the chances of anything like the kind of action you are suggesting are vanishingly remote.

Have you any inkling that the guy is a kind of thug?

I think it's a real shame if you let it go simply through fear.

[vegetablelasagne]

I have an inkling that he may be a nutter - why else behave like this?

I'm on my own with a kid and have to weigh it up really...

[BankFodder]

I don't think that his behaviour is particularly out of the ordinary. We get a huge number of situations here where the rights of the matter are absolutely obvious and yet somebody just gets a bit stubborn and difficult about it.

You shouldn't worry. If you want your money then you should take the action to get it. However it's up to you but I'm quite sure that there is zero risk of anything nasty happening.

[vegetablelasagne]

Hi,

 

so on your advice, I'm about to send a Letter of Intent. 

*gulp*

Before I do so - would you mind just scanning the timeline below - that i've summarised (blue text is relating to him).

 

Key Points:
1. I told him the watch wasn't working within a month of receiving it - which I think you've said is vital.

2. Because he didn't receive an independent assessment within 14 days (he got it within 19 days) he refuses to even consider a refund - he quoted Consumer Law here - is this the case?
3. Stupidly, and cornered, I finally asked him to have a look at it again - which he agreed to but said he didn't know when this would be - so I changed my mind and have told him I'm taking legal action as I simply want a refund.

 

I think point 3 will weaken my case against him - what do you think?
Thank you.

 

Edited October 3, 2020 by vegetablelasagne

[BankFodder]

No it doesn't weaken your case. If you paid for the service and it hasn't been carried out and you give a further opportunity then you are entitled to have it carried out within a reasonable time and I think that having a definite timescale set out is a basic requirement.

If you're happy to go ahead with your claim then send the letter

[vegetablelasagne]

OK - thanks - here goes then - is this OK do you think?

 

LETTER OF INTENT

Dear Mr. XXXX,

 

Quote

 

 

 

[vegetablelasagne]

OK - Help please!

 

It's now been 14 days since he received my letter of intent - it was signed for with his name - the 14 days have passed that I gave him to refund me - I included my bank details - so now I take him to court *gulp*

 

Can I ask - before I fork out more money - what's to stop him from just not paying and ignoring everything I throw at him?

 

Thanks.

[BankFodder]

I don't see why you say "gulp". You sent the letter of claim – it made a threat to bring an action within 14 days – 14 days have expired – so you should now follow through with your threat.

You should already have looked around this forum already to discover the steps involved in taking a small claim in the County Court. I suspect that you may not have done that. You should already have registered on the moneyclaim online County Court's website and drafted your claim and save your work as you go. I suspect that you may not have done that.

If you want your money back then these are the steps you have to take – and as you have now issued the threat, the longer you take, the more credibility you will lose.

If you want to go ahead then we will help you – but you need to make a decision and stop fannying around.

If you get a judgement against him – presumably you are bringing action against his residential address – it's not for a huge amount of money – I don't think there will be a great deal of difficulty in enforcing the judgement. But of course it's a risk you have to take but it seems a fairly safe bet to me

[vegetablelasagne]

Thanks Bankfodder - I thought I had to wait until now before registering with MoneyClaim which is what I'll do today.

 

But just to go back to my previous message - what's to stop him from just refusing to pay?

[BankFodder]

I'm very sorry to say that you seem to have spent really no time at all looking around this forum and learning from all the huge amount of information that we have here.

You've allowed yourself to be led around by the nose for a very long time and yet you still haven't put yourself into the mindset where you start to take control.

I suggest that you aim to issue the court papers by next Monday. Set yourself a timescale and that means that you spend the next two or three days reading around this forum about how to take an action in the County Court and also about enforcing.

At the same time register on the moneyclaim website. I have no idea who told you that you have to wait until now before registering. You didn't hear it from us and I'm afraid it reinforces my view that you've done absolutely no preparation here.
We are happy to answer your questions – but we would like to feel that you are meeting us some of the way – not halfway maybe – but at least you have started to take some responsibility for this.

Read around, and then come back and ask us questions when you understand a bit more. Register on MoneyClaim and start getting used to it

[vegetablelasagne]

OK - feedback received.
I've just issued a claim form via MoneyClaim.

 

Thanks for your help - sorry I didn't  read up on it all.

[BankFodder]

Okay. Thanks for this update.

Well done on issuing the claim – but it would be helpful if you posted up your particulars of claim here so that we can have a look and see what you've done.

[vegetablelasagne]

Do you mean attach the claim that was sent to him here for you?

 

In the meantime, I have received - today - a cheque of partial refund - £101.00 - which I'm 'happy' to accept just to end the stress of all this.

 

However, I've now paid the £25 to issue the claim against him - is there any chance of getting this back - or shall I not accept his cheque and proceed on chasing the full amount?

[BankFodder]

Yes, please can you post up the claim that you have issued. Was there a covering note accompanying the cheque? Can you put that up as well.

Thanks

[vegetablelasagne]

Please see attached Claim Form sent yesterday and Letter received this morning with cheque...

[vegetablelasagne]

I did have ample time yes - but it's him who's been stalling (he had the watch for over two months with no correspondence) - I also asked specifically to keep the old strap - and he's billed me for a new one - but maybe that's being picky....

[BankFodder]

Okay, I didn't realise that he had fitted new parts. The fitting of the new parts is something that you will properly have to accept. On that basis, although the watch hasn't been repaired, it has been improved. I think we will have to trust him that he has actually fitted those new parts.

On that basis, I think that his proposed settlement is acceptable. However, it seems that you have issued the claim before he made the settlement and on that basis I think it would be entirely reasonable for you to insist on having your court fee paid as well seeing as he has caused such difficulty.

I suggest you write in the following letter

Quote

Dear XXX

Thank you for your letter of the XXX date and enclosed cheque.

I see that you have apparently fitted new parts to the watch even though it is not properly repaired. I was not aware that you had fitted a new parts that in view of what you say, I'm prepared to forego that element of my claim against you.

This means that I'm prepared to accept the cheque which you have sent me in settlement of the issue – except that unfortunately as a result of your failure to communicate, I have issued a claim against you – as you will know.

This claim has cost me £25 and I am not prepared to be out of pocket in that respect.

I am prepared to withdraw the claim if you will send me a cheque for the £25 costs.

On receipt of this sum I shall inform the court immediately that the claim has been settled and I am withdrawing the action.

If you are not prepared to do this then I'm afraid that the case will continue to judgement. As I have pointed out, I'm happy to reduce my claim by the value of the parts which you had fitted – and of which I was not aware.

Yours sincerely

 

[vegetablelasagne]

That's really helpful BF - thanks so much - I'll get that printed and send it recorded.

Thanks again.

[vegetablelasagne]

Hi - OK, so I feel sick.

 

I wrote to him as you suggested - asking him to cover costs - and have now received this.

We are now writing via email.

 

"On return of these parts ( 1x Balance Staff, 1x Glass, 1x Strap, 1x mainspring and 2x Endstones) I will consider the reimbursement of your monies. As of the 20th November 2020 I am in receipt of your Court papers and will be submitting a counterclaim , plus expenses, should you choose to continue.

                Please advise as to how you wish to proceed in these matters."

Basically, he wants me to take out all of the parts that he's fitted, and return them for a full refund (I'm assuming)
Or to accept the original offer (I'm assuming) of £101 excluding court costs of £25.

[BankFodder]

I wouldn't worry about it. Wait and see what his defence is and publish it here.

I can't remember everything that happened on this thread, but presumably you have notified him that you are prepared to pay for the parts which he has included in the watch.

When you get your DQ, it will ask you about the allocation of the court and you should name your local court on the basis that you are suing a trader. This is very important

 

Don't bother to respond to him at all. Keep monitoring the money claim website and apply for a judgement at the first possible opportunity – in case he doesn't either acknowledge or he doesn't defend on time