John Lewis trying to blame me for TV fault **SETTLED**

[Smith1976]

All I can think is maybe they have filed it by post and emailed it to me. Maybe it has been received in time but not yet opened and processed?? I don’t know. Seems odd though as I have had the document for a few days

[AndyOrch]

Check the status on your MCOL dashboard it will state if a defence has been submitted.

[Smith1976]

I checked and there’s nothing submitted by the defence unless it was received by post before the deadline - therefore the judgement will be made within 10 working days.

[BankFodder]

Okay. Mind you if they receive the defence before there have actually processed your judgement, then the defence will take priority.

What is the value of the claim again please?

[BankFodder]

In fact I just look back and I think it's well over 600 quid.

This means that if you do give the judgement – as soon as you get it, transfer up to The High Court Enforcement Officers for a robust enforcement process

here's one for instance –https://thesheriffsoffice.com/services/high-court-enforcement

 

Make sure that they don't charge any fee if they don't manage to enforce. Most of these enforcement companies don't charge a fee – but double check.

It will cost you about £66 standard charge to transfer the judgement up to the High Court. You will get that back on enforcement. Any High Court enforcement firm will take care of it all for you completely.

You simply let them have details of the County Court judgement and they will do the rest

 

[BankFodder]

Quote

NEWEROLDER

When a County Court Judgment (CCJ) is issued, the creditor has the option of enforcement by County Court Bailiffs or to transfer it up to the High Court for enforcement by a High Court Enforcement Officer (HCEO). There are pros and cons to both approaches, but here we are looking at how to transfer to the High Court for enforcement.

When the judgment is transferred up to the High Court, a writ is issued. Most judgments are for a monetary sum and if that figure is over £600 (including court costs) a writ of control (formerly known as a writ of fieri facias or fi fa) can be sought. This writ is essentially the same as a warrant of execution and allows the HCEO to take control of (seize) goods from the debtor for sale to raise sufficient funds to recover the debt. Judgments over £5,000 may only be enforced by an HCEO.

 

 

 

https://thesheriffsoffice.com/articles/transferring_up_-_a_guide

[Smith1976]

Understood. Thanks

[Smith1976]

I have just heard from the solicitors representing JL by email attaching the Defendent’s N180 Directions Questionnaire by way of service.

 

My MCO dashboard still says ‘awaiting judgement’ so I’m guessing I do nothing until this I hear from the court  

Edited March 31, 2021 by Smith1976

[AndyOrch]

Does it indicate on the dashboard status that they acknowledged service ? 

 

Perhaps if you post a screen grab then we can be certain of the detail.

[Smith1976]

I have phoned MCOL for an update as the dashboard still says ‘awaiting judgement’.  Apparently the solicitors emailed their response and there is a backlog, but it arrived just in time before the deadline. MCOL is now emailing me a DQ to fill in and return.

[AndyOrch]

 

[Smith1976]

Thanks. I have now received my DQ from the court, so will complete this and return. I will include myself and my partner as witnesses and request a local court hearing.

[BankFodder]

Yes. Also if it gives you the opportunity to go to mediation – you should accept this as well.

[AndyOrch]

1 hour ago, Smith1976 said:

Thanks. I have now received my DQ from the court, so will complete this and return. I will include myself and my partner as witnesses and request a local court hearing.

 

I would keep it to one witness...yourself the claimant...complicates matters and they generally wont be taken into account to give evidence 

[Smith1976]

Thanks. The issue is, although I have been working on this complaint because it was my purchase, I was in the other room for literally two minutes due to Covid when the person entered our home, so I will need my partner to be a witness as they are accusing him in their defence. It’s quite unbelievable really. 

[Smith1976]

Hello just thought you would appreciate an update. I have telephone mediation tomorrow morning. Whilst I would be happy to bring the matter to a close, I don’t feel I am at fault whatsoever, so I’m unsure how it will play out. I’ll let you know how I get on. Thanks.

[BankFodder]

I agree completely that you are not at fault. I can't remember if I have recommended that you look at the mediation stories on the Hermes sub- forum – but if you have not then please do so.

Stick to your guns. You are under no obligation to compromise at all. The defendants will attempt to save some Face – even by requiring you to compromise to the extent of at least giving up your court fee.

It's up to you how you want to play it. There is no reason why should be out of pocket at all.

If you read the mediation stories then you will see that sometimes the mediator act improperly and tries to put pressure on you.

If this happens, you should point out to the mediator that they are acting out of turn and beyond the scope of their duties and that their role is simply to act as a communications conduit.

 

[Smith1976]

Thanks I will have a good read tonight.

[Smith1976]

Hi just a little update. We went to mediation. After a lot of back and forth, JL agreed to pay half the cost of the TV and no more. I explained I was happy to mediate by settling and even accepting a new TV or amount in vouchers to the full cost of my purchase - which the mediator seemed think was very reasonable. The solicitor wanted a day to talk this through with JL, but I heard the following day this was refused. We therefore decided to go to court.
 

I have now received a Notice of Allocation to the Small Claims Track. Please see the image attached. I am quite confused as the judge has asked for us to mediate in point 1. Point 3 then requests further documentation?

 

I have also heard today from the defendant that they have refused to the court for the judge to make a decision on papers alone and in a separate email offered me £600 to cover the cost of the TV inc of all costs. 
 

Any thoughts please thanks!

Doc 21 Jul 2021, 14:04.pdf

[BankFodder]

I'm not sure what we're seeing here in this document – and there seem to be parts of it missing. It's unhelpful if you can't supply documentation in a proper condition.
Don't forget that what you've received here is a standard form and it won't be a direction from the judge.

This claim has been going on for some time so you will understand that I'm a bit hazy about the details. I understand that the TV cost about 800 quid and you've had about 18 months or two years use out of it – which may be is about 15% to 20 % of its life expectancy. So that we can say that you have had about £100 worth of use of it.

What is the total value of your claim including court costs?

However I understand also that there was a guarantee and on this basis, you would expect the set to be fully repaired or replaced.

I'm amazed that John Lewis is digging their heels in over such a small amount and is extraordinary if they really are talking to a solicitor. They really are talking about bonbons here and they are spending far more than the entire claim is worth
this is this kind of crazy attitude that we used to get from comic warehouse before they went broke and which we are still getting from Currys PC World – which have become a byword for shabby customer service.
Have they seen your video? Do they know about it?


 

[dx100uk]

return the form and object to it being heard on 'papers only'

 

dx

[Smith1976]

Thanks. This doesn’t go against me though does it? I was worried it won’t look like I’m willing to mediate or negotiate (although I’ve tried!). So I need to submit any other documents if I object to it being hear on papers only? 

[BankFodder]

I asked you if they had seen the video but for some reason or other you don't seem to have addressed that question

[dx100uk]

Just fill in that part send it back

[Smith1976]

Apologies - I hadn’t seen the previous post BankFodder. For some reason it is only appearing now.

 

Yes the TV had a warranty. It cost £775.
 

They say they have seen the video and the mediator even brought this to the solicitor’s attention again. I had to submit the video evidence again during mediation so the defendant’s solicitor could take a look.

 

The only bit missing from the document are my own personal details as I am posting this online, sorry.