Small Claims Court/Trading Standards

MiJodsR2BlinkinTite

MiJodsR2BlinkinTite

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Anyone bought goods and/or services and had dis-satisfaction and/or been ripped off, and gone to Small Claims and/or Trading Standards?

I'm having some ongoing issues with a saddle (long story!!) - but I'm feeling that either one or both of the above is the only way I'm going to get any sort of recompense as the people I bought the (new) saddle from are totally ignoring me :(

So........ just wondering if anyone has achieved a successful outcome by either one or both of the above?

Some idea of "how to" would help as far as the "small claims court" is concerned, i.e. how do you "get started"? Who do you have to contact initially? What do you have to do? Do you need a solicitor? And what are the rules on the amount of ££££ you can claim (i.e. minimum/maximum amounts involved). It does feel a bit daunting but I can't see any other way of getting money back on a saddle which is basically useless due to an inherent defect.

Thank you people. I can't give any more detail at the mo as have given the people I purchased from, an ultimatum - i.e. if they don't get in touch with me within 7 days, I will "take action" (haven't specified what). Am not a happy bunny though. Hence the post.

Sorry (edited) meant to ask - how much does it cost to bring a case in the Small Claims Court???
 
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We went through the small claims court to get our money back on a car that was not as described. It is easy and not that expensive. Do bear in mind though that even if you win (which we did) it is not always straight forward to get your money back. This is particularly the case with companies, rather than private individuals, as bailiffs are limited in what they can seize as they are not allowed to seize tools of the trade. I would suggest that you calculate how much it will cost you to persue a case, including time off work for days in court etc then think about if you might be better off putting it down to experience. Depends how much your saddle was I guess.
 
I went through trading standards and while ago for a Homebase item which wasn't fit for purpose and the store refused to take it back as a 'non-returnable item'. I simply phoned them, explained the situation and they told me my rights and gave me a reference number. I was told to contact the store again with the number and to press again for action. Store did back down and I didn't need to go further.
 
I threatened to take a saddler to court for not giving me the money for a saddle he had sold for me. The first step was to send a letter outlining the complaint. Got a template off the internet and adjusted it to fit. second step was a letter threatening court action. At this point he paid up so I didn't get to grips with rest of the process.
Trading standards talked me through the correct process - they were very helpful - and free.
Good Luck.
 
Sprig said:
We went through the small claims court to get our money back on a car that was not as described. It is easy and not that expensive. I would suggest that you calculate how much it will cost you to persue a case, including time off work for days in court etc then think about if you might be better off putting it down to experience. Depends how much your saddle was I guess.
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This. Even if you win you could find that you will be reimbursed at the rate of, say, 50p a week. It's whatever the other party declares they can afford.
 
I have one ongoing atm.

The woman clearly has no intention of repaying me (deposit for a horse that failed the vetting) and I think my next stage is bailiffs.
 
It depends on the value. Under £10k you go into the small claims track (there is no separate small claims court). The costs depend on the value. The issue fee ranges from £35 for a claim up with a value of up to £300 to £245 if on the small claims track. Then you'd have to pay an allocation fee if the case is worth over £1,500. Hearing fee again will depend on the value and is between £25 and £325.

It's not too complicated :)
 
hnmisty said:
I have one ongoing atm.

The woman clearly has no intention of repaying me (deposit for a horse that failed the vetting) and I think my next stage is bailiffs.
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Yours might not necessarily be that straightforward, unless your contract said the deposit was refundable if the horse failed then the seller would be within their rights to keep the deposit. They are likely to argue that the deposit was offered by you and accepted by them to enable you time to assess the horses suitability and to stop them selling it to someone else during this assessment time.

As vettings are paid for by the buyer the results are theirs not the sellers and vets rarely state that a horse has failed they normally give an opinion that is valid on the day as the level of fitness/suitability, then if a buyer just changed their mind all they would need to say is "I'm sorry the horse failed the vetting can I have my money back"
 
OP I'd give it a go anyway. They might pay up to avoid having to go to court when they start getting letters that show you mean business.
I wouldn't bother with joining the BHS, TS were excellent, your case seems to be more about customer service than horse issues atm.
 
Mmmm, I bought a saddle which I believe has an inherent defect in it, i.e. there is a dip in the seat where your seatbone sits :( Too bleddy uncomfortable to use, plus horse needed back treatment after it, so did I!

The company I bought it from took the saddle away a month ago........ and I thought it would be done. They promised it would be "free of charge". I saw the guy on Saturday at a local equine fair and now he's saying I have to pay £100 for my saddle to be repaired!!!!!

He said he'd ring me on Monday. He's failed to do so. I've e-mailed asking for either the REPAIR to be done free of charge; or a partial REFUND of what the item is worth (verified by an independent person like a SMS); or a REPLACEMENT saddle, i.e. a second-hand saddle of approx same value.

I have heard NOTHING, Sweet FA. They've still got my saddle - have had it for a month now!!!

Last night I wrote to them, saying the same thing again basically, and giving them 7 days warning that unless I heard back from them within this period I would be "taking further action".

And I will, by god, I'm getting soooo incensed about this because of their sheer bl@ddy arrogance TBH!

I'm a YO, and on the yard we've bought a total of FIVE saddles from these people. Making a total of some £5000 over a two-year period if you include fittings etc.

And now, when I've got a problem, a simple phone call is too much to ask!!! :( So THIS is why I'm so hopping mad I've gone nuclear.

I wasn't intending to name and shame on here. I WAS one of their biggest fans, my testimony is on their website - I've asked for it to be removed PDQ.

If anyone wants to know the name of the company, feel free to PM me.
 
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On top of the courts, there is a further weapon which is very effective!

I produce videos commercially. Basically, I have to send a master off to duplicators who produce copies which are then sold mail order.

To cut a long story short, the duplicators made a mistake and had to do the job again. After repeated bad service, I decided to use another company and asked for my master tapes to be sent back. They refused unless I paid for the costs of remedying THEIR mistake!

So I took them to Small Claims and they had to return the tapes. Rather stupidly, I did not sue for loss of sales, etc. so it only cost them about £50 plus postage. They thought that was very funny.

That was until I added a paragraph to every post about duplication on various professional video forums! "…and if you are looking for duplicators, don't go to ***** because I had to take them to court to get my masters back". Very soon, the company were begging me to stop. I heard they went out of business. There was nothing much they could do because what I said was the truth….and I had a court judgement to prove it.

I hate liars and cheats.
 
Mmmm, thanks for this "Dry Rot"...... yes, I'd thought of doing this on my Facebook page or something similar. I don't like being horrid and vengeful tho'!!!! Really really hate it when people make you think these sorts of thoughts :(

Like you, I've been asked to pay for someone else's error basically; methinks this is a saddle manufacturing issue and the people actually SELLING those saddles don't want to admit to it - but I know via an independent person that there IS an issue with some of their saddles out in circulation!!!

Anyway, I have been promised that "someone will ring me today"............ so am waiting with anticipation; but not holding my breath!!!

Why TF can't people do an honest and fair deal???

Of course........ I COULD name and shame them on here - might even do that yet!!! We shall see.
 
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