Using the small claims court
- Thread starter kingrollo
- Start date
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vickster
Legendary Member
I did try, the plaintiff never responded and had cleared off so it cost me some money and I got nowt. Depends if you think you'll get anywhere really and how much you are claiming for!
CAB has info here https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/
CAB has info here https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/
Moodyman
Legendary Member
Worth pursuing against large corporations and businesses that will be there tomorrow. They have nowhere to hide and will wish to avoid the cost and reputational damage.
Not so much against individuals. Individuals are difficult to pin down and the cost of action and follow up* will rest on you. It can also be stressful. So, your claim has to be significant enough to justify the aggravation.
Get your paperwork right. Make sure you've followed the procedures and documented evidence. As the bringer of the action, the onus is on you to prove. The other side can just turn up and disagree.
* Just because you get a decision in your favour, the other side can refuse to honour it. You then have to go through the legal process to enforce it.
Not so much against individuals. Individuals are difficult to pin down and the cost of action and follow up* will rest on you. It can also be stressful. So, your claim has to be significant enough to justify the aggravation.
Get your paperwork right. Make sure you've followed the procedures and documented evidence. As the bringer of the action, the onus is on you to prove. The other side can just turn up and disagree.
* Just because you get a decision in your favour, the other side can refuse to honour it. You then have to go through the legal process to enforce it.
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bonzobanana
Guru
I went to the small claims court in the past with Comet electrical over a Sagem back projection tv that would buzz like mad and had other issues and wasn't fully refunded. In the end I got a partial settlement but Comet were completely useless sending the correspondence meant for me to a completely different address which is why it ended in court. I'd say it was fairly easy to do and worth doing if it runs into £100s of pounds as long as you have a case of course. Comet were so utterly incompetent I felt embarrassed for them despite also being utterly annoyed with them and of course they are long gone now. I think I got about 40% of what I claimed plus my costs back because I'd had some use out of the tv so I was totally refunded plus a bit in the end but didn't get compensation for minor damage to furniture when they were moving the set in and out of the house or only partially. The Sagem tv was huge.
OP
OP
kingrollo
Guru
Where else do you suggest - if they wont warranty it ?
vickster
Legendary Member
Is it a frame warranty issue ? If so, presumably it's a manufacturer warranty (rather than extra warranty supplied by the retailer, for example as happens with electronics from e.g. John Lewis) so would be their responsibility (which won't be good if they've gone out of business).
I found this...
What is a Warranty?
A warranty is a contract between you, the original purchaser, and the bike company. It’s not between you and the dealer (or retailer) where you bought the bike. The dealer is actually caught in the middle. The retailer goes back with the claim to the importer, and the importer goes back to the bike company to validate the claim to see if they can replace the item.
What has the bike shop said?
I found this...
What is a Warranty?
A warranty is a contract between you, the original purchaser, and the bike company. It’s not between you and the dealer (or retailer) where you bought the bike. The dealer is actually caught in the middle. The retailer goes back with the claim to the importer, and the importer goes back to the bike company to validate the claim to see if they can replace the item.
What has the bike shop said?
OP
OP
kingrollo
Guru
Well as you may recall I have had endless problems with the bike creaking. Last September it developed a hairline crack on the top tube. It went back to them - they said it was paint only damage so not covered by warrant. I arranged my own repair of the paint - but now a couple of rides in the summer and the crack has re appeared in the same place. Person who did the repair said that its most likely structural damage - not just paint.
Shop haven't been very helpful - bike with with them for 5 weeks just to diagnose the paint fault. I haven't approached them yet about the crack re appearing - but can't imagine they will be very helpful.
T4tomo
Legendary Member
Don't assume anyone remembers what you've posted before. If you have a creaking press fit BB, explore Token replacement BBs which get good reviews as a solution / upgrade.
back to paint crack..
If you haven't given them a chance to fix it then you wont get far in court. The fact that the crack has reappeared is in your favour as it suggests its more than paint (what is the bike made of BTW).
You need to go back to the shop first of all and check your purchase documents as to whether you have a warranty with retailer or manufacturer or whoever.
swee'pea99
Legendary Member
I have, twice. Once the company involved didn't turn up on the day so it was found in my favour and I got a fair settlement, which the company honoured; the other time they did turn up, I argued my case, and again it was found in my favour. It actually works pretty well, IME.
Assuming nothing's changed in the interim (which I think unlikely) your 'exposure' is limited to the cost of making the claim - probably peanuts, v the cost of a frame. If it was me, I'd go ahead. And FWIW, as a barrack room lawyer I'd suggest you ignore/reject any attempts to involve you in anything between the manufacturer, importer, distributor or Paddy Maloney's cat. Your contract was with the retailer, period. And as I understand it, they seem to have sold you something which is 'not of merchantable quality':
Personally I'd go ahead. Good luck.
Assuming nothing's changed in the interim (which I think unlikely) your 'exposure' is limited to the cost of making the claim - probably peanuts, v the cost of a frame. If it was me, I'd go ahead. And FWIW, as a barrack room lawyer I'd suggest you ignore/reject any attempts to involve you in anything between the manufacturer, importer, distributor or Paddy Maloney's cat. Your contract was with the retailer, period. And as I understand it, they seem to have sold you something which is 'not of merchantable quality':
Product quality
As with the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described. The rules also include digital content in this definition. So all products - whether physical or digital - must meet the following standards:- Satisfactory quality Goods shouldn't be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question.
Personally I'd go ahead. Good luck.
vickster
Legendary Member
How old is the frame? Presumably it’s carbon?
T4tomo
Legendary Member
yes Sale of goods act trumps any warranty, particualry if the warranty is with a defunct supplier
Passage f time is also an argument. OP isnt clear on that, but must be a while as manu has gone out of business??
for clarity I'm not suggesting it has, just that is how it will be defended, hence trying to get retailer to come good without going to court is worth a bash first
the issue is proving the fault was there when sold and hasn't developed since from misuse or otherwise, which will be the retailers argument.
Passage f time is also an argument. OP isnt clear on that, but must be a while as manu has gone out of business??
for clarity I'm not suggesting it has, just that is how it will be defended, hence trying to get retailer to come good without going to court is worth a bash first
Spiderweb
Not So Special One
- Location
- North Yorkshire
Presuming you are the original purchaser and the frame is within warranty (some have lifetime, others not) I would email the manufacturer direct. Explain your previous experience with the retailer and see what they offer/advise.
vickster
Legendary Member
The issue is the manufacturer has gone bust (Kuota IIRC)
