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

[Jackmeowy]

Hi, I bought a few Japanese whiskies from an online shop in Scotland,

 

long story short, the parcel arrived with damaged bottles and the company refused to refund.

 

Just started to fill in the form in MCOL, and realised "Defendant Postcode must be in England or Wales."

 

I remember I read it somewhere in the forum (before Brexit) saying that dispute in EU can bring into England court.

Just want to confirm if I can bring defendant in Scotland in England court too.

 

Secondly, when I tried to search the company on gov website.

The company name on the website doesn't show up in the gov website.

 

Can I still put the website company name on the claim form? 

 

TIA

[dx100uk]

how did you pay?

 

dx

 

[BankFodder]

What about telling us the name of the company as well? – Or is it a secret?

[Jackmeowy]

This is definite not a secret. the purchase is from old and rare whisky in Scotland.

The story is very long.

 

We have been in dispute since April 2019, I paid with Amex and Amex refused to chargeback. (due to the fact that I have sent the merchant all the photos when the parcel arrived in wet and soggy contains, and with the proof of third party email.

 

the building management emailed us with photos when it arrived with a soggy bottom box, we binned the broken glass and emailed the merchant, they insisted to have the bottle necks photo for refund) 

 

Then I escalated to Financial Ombudsman Service, and we are still waiting for their response.

 

I could find the address of website, however, when I check on company house it shows a different name (similar name which is also named "whisky something").

[theberengersniper]

@Jackmeowy - Just a quick tip, the folks on this site are extremely knowledgeable and gracious with their time, but they don't have time to tease the details out of you.

 

Could I suggest you bullet-point your story with dates (as close as you remember them, or look back at your emails), and set out a history of what has happened and when, who you've spoken to, what their response was etc. This needs to be understood before we go lunging towards a small claim.

[BazzaS]

Check the firm’s T’s and C’s for which the applicable law and jurisdiction are.

 

If the T’s and C’s are silent you can bring a (England & Wales) Small Claims Track County Court claim, but will need to “serve, out of jurisdiction”

Edited May 24, 2021 by BazzaS

[Jackmeowy]

Thanks for the input guys. really appreciated.

 

After a few researches, I think it would probably be more reasonable to escalate the matter in Scotland court rather than England court. (the complexity and it seems more enforceable on imposing liabilities on the defendant... I THINK)

 

However, the name of the online shop doesn't match with the registered company showing on gov website by searching the same address. (same owner)

 

Although I have emailed the shop regarding this matter. The online shop has the tendency not to reply problematic emails. Is there a way I can relate the registered company on gov to the online shop? 

TIA.

[dx100uk]

the scottish system

is far more complex the an english court.

 

Collectable Whisky | Whisky Investment — Old and Rare Whisky this them?

 

dx

 

 

John MCILVOGUE - Personal Appointments (free information from Companies House) (company-information.service.gov.uk)

[Jackmeowy]

Thanks dx100uk, 

 

Yes, these are the websites I have also hyperlink in my last message. The company names are not matching. They also listed on google map.

 

Oh no, when I look at the Scotland court it says "Simple Procedure" by default I thought that would be kinda easy....

[Jackmeowy]

Furthermore, it was delivered by DHL but I haven't contacted them at all regarding the delivery (Apr 2019).

[dx100uk]

they are your target

type in hermes in our search in the top right of the red banner.

and get reading (same process for DHL)

 

@BankFodder

will help tomorrow

 

[BankFodder]

How much money are we talking about here?

This may be difficult because you have left it so long. When I say may be difficult, I mean that in respect of attacking DHL – it could be problematic. Although you have rights of action against DHL under the Contracts (Rights of Third Parties) Act 1999 – and this right continues for six years from the date of the breach of the contract, I think lots of questions will be asked as to why you didn't report it immediately – and also the fact that we are talking about bottles of whisky and clearly there may be questions over the quality of the packaging which would then fall squarely upon the shoulders of @oldrarewhisky.

I don't think you need to be worried about the different names of the company at the moment. The most important thing is which company did you contract with? Whether they operate also under a different name is neither here nor there.

You say that you paid with American Express. This is not generally a good idea because there are not subject to the section 75 provisions of the Consumer Credit Act which means that you have to fall back on chargeback – and American Express are not the most cooperative one of the credit card issuers.

Frankly unless you have a special reason for it, you should dump your American Express and start using more conventional credit cards for maximum protection.

You say that the supplier wanted the return of the necks. This is quite normal. Did you return them?

What troubles me slightly is the Scottish jurisdiction – not because it poses a huge problem but really because it's not an area that I feel comfortable with and I'm sending a shout out to my site team colleague @Andyorch who has a better understanding.

I have to ask also – why have you never even slightly informed DHL? It seems quite remarkable that you didn't least of put them on notice about it and this would also be quite a valid reason for them to start raising their eyebrows at what is happening.

 

Just to add – that although returning the necks of broken bottles is normal, if you failed to do this, although it will be unhelpful, it wouldn't be fatal to your case

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b

 

https://www.moneyclaimsuk.co.uk/out-of-jurisdiction.aspx

[BankFodder]

@Andyorch

what set of rules apply when you are suing somebody in Scotland from England/Wales?

Are they the E/W claims rules? Presumably there would be a remote hearing so there wouldn't be the difficulties of either party of having to travel to a remote court.

The OP has been asked what the value of the likely claim would be and so far has failed to give this information. I'm not sure why

[AndyOrch]

You would be suing under English Law out of jurisdiction...which could heard in Scotland but...as for any hearing...that would be held in the UK ...litigant v Company.

 

 

 

.

[BankFodder]

Ta. After all these years I don't know why I don't know this kind of stuff

[AndyOrch]

[AndyOrch]

Assuming the OP is successful and gains Judgment then the judgment must be executed in Scotland which is possible only after that judgment has been registered formally in Scotland.

 

The document which is required to register is a Certificate of Judgment issued in terms of Section 18 of, and Schedule 6 to, the Civil Jurisdiction and Judgments Act 1982. It is not possible to register the actual Judgment document, nor do they require to see it.

 

The Certificate must be in the correct statutory form. You can obtain the appropriate Certificate from the court that issued the judgment.

[Jackmeowy]

Thanks for valuable comments guys.  @BankFodder @dx100uk @Andyorch

 

Sorry it took me sometime to dig up the whole incident to refresh my memories. I truly appreciated the inputs they are extremely helpful. They are opener of my dead-end(s). 

• It is a £1267.80 refund (3 bottles) of the whole order ( 5 bottles)
• Yes, the merchant refused a refund of a picture of 3 bottles' neck and I could not provide. ( Amex took this and rejected my chargeback)
• I did not contact DPD ( not DHL, sorry, poor memory) because...  I did not think I have the right to claim ... I thought It would be more straightforward for the merchant to escalate with the delivery company.... learnt my lesson
• the incident happened on 1 July 2019 ( not April 2019, again, so sorry)

 

 

DPD 01072019-1-compressed.pdf

 

Emails exchanged with merchant and invoice

email with merchant-1.pdf

[BankFodder]

If you weren't able to provide pictures of the next, how come you couldn't return them?

[Jackmeowy]

@BankFodder

 

That's a good question. We simply got nothing to return apart of that dented bottle. (and we should've returned in fact) The merchant insisted for photos rather than returning anything. 

[BankFodder]

Sorry but I don't understand what you've written above. "We simply got nothing to return apart from that dented bottle" – where were the necks then?

And what of I have misunderstood here, I thought they wanted the necks returned and now you say that they only wanted photographs and you sent them the photographs – so what's going on. If they got what they asked for, then what else was the problem?

[Jackmeowy]

 

@BankFodder

 

Yes, they only wanted the photo with necks for refund.

We could not provide as we have cleaned up the box once we had taken enough photos (of the mess inside). Our bad anyway. We did not expect the merchant would request us to dip our hands into that mess. 

[BankFodder]

Okay well it seems to me that you should sue the supplier.

There's been enough mucking around and it's pretty clear that they simply want a welch out of their responsibilities.

Send them a letter of claim. Give them 14 days to reimburse you in full or else you will sue them in the County Court and without any further notice for the full cost of the broken bottles, any delivery fees and also interest on that sum calculated from the date that you paid over the money to them.
That will be 8% per annum – so it will be quite a good investment in today's climate.

 

Read up on this forum the steps involved in taking a small claim in the County Court. I'm not sure of the fine detail differences between English procedure and Scottish procedure but I do understand that instead of having 14 days to respond to your claim, they have 21 days. Not a big deal.

Post your letter of claim here for us to have a look before you send it off

 

[BankFodder]

A mate of mine bought a bottle of Japanese whisky the other day. It cost him 150 quid! He drinks it with coke!!!!!