Anyone done the Small Claims Court thing?

[maxrider]

I bought something over the internet a couple of months ago and cancelled within 7 days so by law am entitled to a refund.

So far I've made 4 phone calls (0870 no.:mad:) which each time I'm promised a refund but it never happens, I've sent several emails including one giving an ultimatum that I'd get Trading Standards involved (but they've done bugger all really)

Its now 12 weeks since I cancelled and although its a piddling amount (£30) I am so incensed by this companys' attitude and the contempt they're displaying that I'm determined to get it back.

So I'm finally considering doing the Small Claims Court thing but don't know whats involved, anyone got any advice?

[Tank Slapper]

Did you pay by credit card? If so, phone them and ask them to charge the transaction back. They should oblige on the grounds that you have not received the goods that you paid for. Unfortunately you don't have the same protection if you pay by debit card.

Who processed the transaction? If you can't contact the merchant, going via their payment provider may provide some leverage.

What was it you purchased, as that has a bearing on your right to a refund. There are some specific exceptions that it does not apply to.

Edit: Small claims court is easy. You can issue proceedings online. It's a good idea to be able to show (via recorded delivery letters etc) that you have given them good oportunity to respond.

>> Edited by Tank Slapper on Thursday 13th October 17:29

[Muncher]

If you paid by credit card, dispute the payment.

[Plotloss]

It costs £95 IIRC to file a claim.

[Muncher]

Plotloss said:

It costs £95 IIRC to file a claim.

iirc it is less than that, nearer £35, I will check...

[Muncher]

https://www.moneyclaim.gov.uk/csmco2/index.jsp

www.bbc.co.uk/crime/law/smallclaimscourt.shtml

The fees for using the Small Claims Court are:

- £15 for claims of £150 or less

- £34 for claims of £150.01 to £300

- £50 for claims of £300.01 to £500

- £60 for claims of £500.01 to £2,000

>> Edited by Muncher on Thursday 13th October 17:43

[Pot Bellied Fool]

Muncher said:

https://<a href="www.moneyclaim.gov.uk/csmco2/index.jsp">www.moneyclaim.gov.uk/csmco2/index.jsp</a>

...and it really is easy.

I issued a claim online against one of the UK's largest builders who seemed unable to pay my invoice because they'd screwed up their internal budgeting codes & in spite of being happy with the work etc, no one would sign it off "Oh, not my budget mate..."

Issued a claim + interest + costs = instant cheque from their legal department.

Never done any more work for them mind but clients like that I can do without!

Just do it... but I'd suggest sending them a recorded '7-day' letter warning of action first - and if you don't get a response then launch against 'em on the 8th day.

[clubsport]

I did this years ago,,,went though the procedure and Won! great,,

only if the other party doesn't have sufficient assets then you can get nothing ...even if you pay for the baliffs to go round (legal)

For the hassle involved it is often better to just move on and try to make sure friends/family don't get caught.

unfortunately no naming or shaming so some others may get caught.

[simpo two]

If you win the case, the fee is added to the claim. However the company can still refuse to pay, especially if it doesn't mind another CCJ to hang on the wall.

If somebody *really* doesn't want to pay then short of threatening violence, which is illegal of course, there's nothing you can do.

However they do hate publicity - so maybe a mention of a letter to the local TV/papers might help?

[jazzybee]

Pot Bellied Fool said:

Muncher said: https://<a href="www.moneyclaim.gov.uk/csmco2/index.jsp"><a href="www.moneyclaim.gov.uk/csmco2/index.jsp">www.moneyclaim.gov.uk/csmco2/index.jsp</a></a> ...and it really is easy. I issued a claim online against one of the UK's largest builders who seemed unable to pay my invoice because they'd screwed up their internal budgeting codes & in spite of being happy with the work etc, no one would sign it off "Oh, not my budget mate..." Issued a claim + interest + costs = instant cheque from their legal department. Never done any more work for them mind but clients like that I can do without! Just do it... but I'd suggest sending them a recorded '7-day' letter warning of action first - and if you don't get a response then launch against 'em on the 8th day.

From what I remember, 80% of defendants settle with the claiment once they've recieved the documents from Money Claim Online. - highly effective. However, as has been said, if you purchased using your credit card - I would go through them first.

[maxrider]

Thanks guys, think I'll go for it. Reckon 99% chance of winning, shame it's such a pathetic amount, its just the principle... don't like being taken for a ct