Help needed with problem cooker purchase

[Chickenlady01]

Hello just asking,?

I purchased a discount new cooker as it had cosmetic damage, paid £250

After a few days I noticed the fan never went off, I contacted the company and they finally collected the cooker and took it away, ( for 7 days) And fixed it,

 

It never seamt right? It steamed up in the clock panel and the oven door was mis-lined It had multiple dints in the sides Top panel missing on the door to stop food dropping in, Shelving didn’t fit well Then main fan started to rattle and tap

 

I put up with all this as it was *discounted Then one day whilst cooking we could smell a funny smell Turns out the wires had melted on the back of cooker I contacted the company again and it took a lot of phone calls to try and get the problem dealt with, speaking to several different staff....I wanted a refund or replacement I had had the cooker 6 months just! I asked for a refund or replacement 

 

I contacted trading standards and citizens advice and they advised me what steps to take! Finally the company offered to replace the cooker, then later changed! As they explained that nothing came in to replace it they were too damaged! ( been told they buy at auction damaged) They wanted to look at the cooker and inspect the damage themselves, so I agreed they collected the cooker,

No update, or communication I had to constantly chase them up Nothing was sorted out with 7 days we had no cooker, I threatened Trading standards were now involved Last thing on a Friday in June they rang to say I can collect the cooker it’s fixed!!!! I had expressed all along I didn’t feel safe using this cooker anymore with my family I didn’t want this cooker fixing again ( by whom) They started to blame me and said I should be grateful they aren’t charging me for the repair!

 

Still today in August this is not resolved 

Trading standards have been useless 
Citizens advice have told me to take them to small claims court!????

I have had to purchase another cooker 
As I’ve been left without one.

 

I am in a vulnerable situation in life, Im a carer for my husband and have children and have no one to help me sort this mess out! I am struggling with making the county court claim ? What shall I do?

 

( sorry for long message)

[honeybee13]

Hello and welcome to CAG. People should be along to advise over the course of the day.

 

Which retailer are we talking about please?

 

By the way, something seems to have gone wrong with the spacing in your post above so I've popped in some paragraphs.

 

Best, HB

[Chickenlady01]

Thankyou 

they are called ‘Discount Electrics’ Sutton - in - Ashfield Nottinghamshire 

[BankFodder]

Can you tell us what date you purchased this cooker

[Chickenlady01]

23rd of November 2019

i have the receipt 

[BankFodder]

Thank you.

I'm afraid that I think that you are very likely to have to bring a small claim in the county court. It's not difficult and we will support you and help you draw up your documents but you should look around this forum  to understand what the steps are so that you are confident about it.

there is a small possibility that if you send the letter of claim that they may put their hands up but in my experience it is rather unlikely.

 

[Chickenlady01]

Thankyou so much X

[BankFodder]

No problem.

 

Let us know when you have decided what to do and we will help you with the next steps.

 

If you bring an action your chances of success are much better than 95%

[Chickenlady01]

Citizens advice told me to do the same,

I have looked online and the forms are my option as I may need financial support with the claim, so I’ve printed them off, 

 

I will look at everything later when I have more time 

Thankyou so much 

[BankFodder]

well as I have said, let us know when you are ready and we will help you draft the letter of claim and also the particulars of claim. It will be relatively straightforward but it will help you to know the steps in advance.

[Chickenlady01]

Hello, I might sound very stupid,

but I have already done the notice letter, 

explaining that I intend to take them to court etc... 

I have already taken the steps advised by citizens advice and informed them I am not happy with the outcome or decision 

 

I have waited the time I was told to give them,

 

I have downloaded the forms from the government and printed them off, 

so now all I start to do is fill in the form and pay the fee and post?

also do I send the financial statement forms at the same time,

 

then do they reply? With a questionnaire? 
then do I send evidence/ proof/ photos?

 

i am unsure what order I need to do all this?

 

sorry for all the questions 

thankyou 

[honeybee13]

Bankfodder's post #6 has the words small claim in blue and if you click on that, you go to another page with lots of information about the process. Have a read of that and then see what questions you're left with.

 

HB

[Chickenlady01]

Thankyou honeybee

ive found it

[BankFodder]

Sorry, I hadn't realised that you had sent off your letter of claim etc.

Maybe you can post up your letter of claim here for us to have a look at.

In terms of getting a waiver of fees maybe my site team colleague @Andyorch can help but we can certainly help you once the claim is underway. We can also help you draft the particulars of claim which should be kept to a minimum. Avoid any attempt to have an extensive narrative. It won't be necessary to send an additional detailed particulars of claim with this. It's going to be pretty straightforward

 

 

[Chickenlady01]

Thankyou 

[AndyOrch]

 

[Chickenlady01]

Hello,

it has taken all this time to get to the stage of me needing to reply with my questionaire

and also fill out a help with court costs form,

 

the problem I am now facing is the defendant states

 

1. It took me 7 months to address the problems

 

2. The wires that melted were outside the cooker in the box on the back.

 

3. The cooker was fitted by me ( which is incorrect as their engineer put it back in for me after first repair)

I have no way of proving that!

 

4. They acted within the law and repaired the cooker again and I rejected it, ( I asked for a replacement or refund and got no choice or communication)

 

where to I start from here??? 

[dx100uk]

why dont you scan up their full defence please

PDF only or just copy and paste the text here

dx

 

[AndyOrch]

And a copy of your particulars of claim would be helpful as you skipped posting that part of the claim.

 

Andy

[Chickenlady01]

Hello,

I have tried a few times to send photos 

and can’t add the 

I will need help trying to resolve this 

sorry for delay 

Ellen 

[dx100uk]

by far the easiest way is to simple just copy and paste the text from mcol of their defence

and from the file you wrote to paste your particulars into MCOL 

and drop them here

 

we dont need photos of anything

you don't use photos (JPG's) you use PDF

that wat we can zoom them

read our upload guide carefully

[Chickenlady01]

This is the defence statement.

washing machine 1.pdf

 

This is the letter before claim I sent 

Mrs Ellen Malpass pdf.pdf

[dx100uk]

particulars of claim?

 

dx

 

[dx100uk]

do you not want to remove your real name from everything?

 

[Chickenlady01]

No that’s fine with me

i had to get my son to help