@oldrarewhisky - Old And Rare Whisky In Scotland -Broken bottles of Whisky - do i sue the online scottish retailer or DPD

[dx100uk]

3 of 5 were broken so you cant sue for the whole amount nor postage.

you would sue in E&W through MCOL and if successful..enforce by Scottish Court Sheriff Officers for a small fee i believe

[BankFodder]

Sorry I thought the 1200 quid referred simply to the broken ones.

Absolutely right, you can only sue for the value of the lost bottles. However I would certainly add on something for delivery costs on a pro rata basis.

 

 

====================

In fact looking back, I can see that the 1200 quid is actually a pro rata calculation

[Jackmeowy]

@BankFodder @dx100uk

 

Thanks for the advise! I have already sent them a LBA and I mentioned 7 days... Sorry now back to my previous questions, which "company" name should I put as the defendant of the case? Futhermore, I cannot draft my case on MCOL due to the Scotland post code, do I need to submit the case by post? TIA.

 

p.s. Japanese whiskies are so over priced.......

p.s. oh I imagine I have to wait 21 days even I put 7 days on my letter right

 

Quote

Dear Sir or Madam, 

 

I am writing to request for a partial refund with respect to my purchase on 27th June 2019 for five bottles of whisky (with a total cost of £2112.99). In summary, the purchase was not delivered in a satisfactory condition. Specifically, a total of three bottles of whisky are damaged / broken upon receipt of the delivery and as such, I am requesting a total of £1267.80 which amounts to the cost of the three damaged/broken bottles. Please find attached the evidences in the previous email provided to support that the purchase was not satisfactory.  

 

Please note that the case has been raised to Financial Ombudsman Service for a resolution for this dispute. Due to the long wait from Financial Ombudsman Service I will escalate this matter to Small claim court and this is a letter before action. You should understand now that under the S9 The Consumer Rights Act 2015, I enjoy all the rights of a customer and the goods I bought will need to be of satisfactory quality. Due to your negligence, you have failed to exercise reasonable care, delivery my goods in satisfactory condition and refused to refund or remedies. The contents were at £1267.80 hereby inform you, that unless you reimburse me the above complete amount of £1267.80 within 7 days as this is not a new matter, I shall issue a claim in the County court to recover this money from you, plus interest without any further notice.

 

I shall refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the Practice Direction. 

Yours Faithfully,

 

Edited May 25, 2021 by Jackmeowy

[BankFodder]

Quote

Dear Sir/Mdm

Letter of claim
 

As you know, on XXX date I purchased a case of whisky from you – your reference number XXX.
You have already been informed that the consignment arrived in a poor condition and in fact on opening we discovered that three bottles were broken.

You have been fully informed about this. You requested pictures of the necks and these were supplied to you.

Despite this, and despite a detailed exchange of correspondence between us you have refused to reimburse me the price of the broken items.

If you do not reimburse me in full within 14 days then I shall sue you in the County Court for the price of the broken bottles, plus a pro rata portion of the delivery fee plus interest which will be calculated from the date that I paid you for the items.

Yours faithfully (Hic!)
 

 

 

Check the above – and see if it does the job.

Your version is far too wordy.

Also I'm concerned that you have started a claim with the FOS. You should be aware that this legal action will bring an end to your FOS complaint because the FOS will not deal with anything which is currently subject to litigation.
However, the FOS will produce an uncertain outcome and in any event will be most unlikely to award you any interest payment.

 

By the way, you have now told us that you have already sent them a letter of claim – but giving them seven days. When did you do this?

On the basis of what you have told us, your County Court claim has a better than 95% chance of success plus you will be awarded interest at 8% and not only that, if there is any trouble getting your money from them, then you can enforce immediately using High Court sheriffs – or whatever passes for that in Scotland. In fact if you get judgement, I wouldn't hang around, I would begin the robust enforcement process immediately without any notice to them.

 

[Jackmeowy]

@BankFodder

 

Thanks for the remainder! Yes I will notify FOS before submitting the case. I have submitted my version of LBA on 22 May. 
 

 

[BankFodder]

Why did you submit an LBA on 22 May giving them only seven days? You've been with us a couple of months ready. You should make sure you know the steps involved in any kind of litigation before you jump into it. Otherwise you will only lose credibility and bring comfort to the other side

[Jackmeowy]

Yes you're right... I thought "I knew it all"... I gave them seven days because this is not the first time I sent this kind of "LBA" to them, I sent one before for Amex dispute. So I mentioned as "this is not an old case I am going to give you 7 days".... Nevertheless, I guess I will give them 21 days now. Thanks for putting me on the right path

[AndyOrch]

Quote

I cannot draft my case on MCOL due to the Scotland post code, do I need to submit the case by post?

 

You can't use MCOL..it must be submitted manually in conjunction to the link I posted earlier.

 

https://www.moneyclaimsuk.co.uk/county-court/county-court-money-claims-centre-ccmcc

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958344/n1-eng.pdf

[BankFodder]

10 minutes ago, Jackmeowy said:

Yes you're right... I thought "I knew it all"... I gave them seven days because this is not the first time I sent this kind of "LBA" to them, I sent one before for Amex dispute. So I mentioned as "this is not an old case I am going to give you 7 days".... Nevertheless, I guess I will give them 21 days now. Thanks for putting me on the right path

 

Don't make threats without understanding what you are doing. Don't make threats without following up on your threat.

If you received repeated threats from somebody which were never followed up, would you take yourself seriously?

[Manxman in exile]

5 hours ago, Jackmeowy said:

Yes you're right... I thought "I knew it all"... I gave them seven days because this is not the first time I sent this kind of "LBA" to them, I sent one before for Amex dispute. So I mentioned as "this is not an old case I am going to give you 7 days".... Nevertheless, I guess I will give them 21 days now. Thanks for putting me on the right path

 

So have you sent a previous LBA to the supplier regarding this matter, or was the prvious LBA unrelated to the current issue?

[dx100uk]

8 hours ago, BankFodder said:

enforce immediately using High Court sheriffs – or whatever passes for that in Scotland. In fact if you get judgement, I wouldn't hang around, I would begin the robust enforcement process immediately without any notice to them.

 

HCEO's don't exist in scotland.

 

i'm not saying use these people but this link affords your the correct route to take should you get a Judgement CCJ. and want to enforce it in Scotland

 

Enforcing A CCJ In Scotland | Debt Recovery Lawyers Glasgow, Scotland (mshblegal.com)

[Jackmeowy]

@Manxman in exile

Thanks for asking.

 

The LBA (regarding AMEX dispute) to the merchant I sent that back 2019, and the chargeback with AMEX was unsuccessful.

 

This time I sent a LBA (regarding small claim court) on 22 May, in fact, I sent another email (24 May)asking about of their registered company's name and address for small claim purpose. They haven't replied me any of the emails.

 

@dx100uk

Thanks for dropping this information. Hopefully I will be able to use utilise this (if I am lucky enough, fingers crossed). If not, this will definitely beneficial to people like me. 

[Manxman in exile]

Did you never follow up the original* LBA that you sent to the supplier two years ago?  Why have you waited so long?  (Sorry if you've explained and I've missed it... )

 

*I may be mistaken but I don't think that a failed chargeback should have affected your original LBA.  A chargeback is something offered by debit card providers that stands separate from any other statutory consumer rights you may have.  So, for example, a chargeback is time-limited (I think something like 120 or 180 days) and can be rejected by the bank for being too late.  But your statutory consumer rights can be enforced for a period up to six years.  The failed chargeback didn't necessarily stop you following up the original LBA against the supplier.

[Jackmeowy]

@Manxman in exile

 

Sorry I might have confused you and everyone reading my post. I definitely need to clarify this part.

 

I used the term "LBA" to refer the literally meaning of Letter Before Action (any actions , e.g. My action to dispute this transaction to AMEX). Not only the action to bring a case to the court. 

 

Basically, I sent an email to the merchant in 2019 before dispute the transaction to AMEX (nothing to do with the court). And I sent an email(s) to the merchant few days ago of taking them to the court.