Charnwood

Thanks for that as I think it may need to be the supplier which seems a bit unfair on them, but I was hoping that as the dealings since purchase had been via the manufacturers I could go for them directly? I am aware that it will be a up hill task but if I can take the small claims route it will not cost a fortune to test the case compared to what I now need to spend to get the heating back up and running.

To cut a long story short, I purchased an expensive oil boiler about 6yrs ago and have had nothing but trouble with it, £1000 worth of repairs in the last year alone. Then last month my engineer told me it was finished as the main heat exchanger had corroded (this is basically the whole body of the boiler). I contacted the makers who I have been dealing with throughout its life to see what could be done and they don't want to know just stating they do not supply parts any longer or make any equivalent new one. So here I am several thousand pounds out of pocket and no heating system after just 6yrs despite it being fitted and fully maintained to their spec and I am now faced with a further £3.5k bill to have a new boiler fitted and pipe work all rerouted. My engineer tells me that 6yrs is not an acceptable life for a boiler and I would like to take action against the company under the sale of goods act 'durability' rule, and I would be greatful as to any advise on how or the best way to do this? One question I have is that I understand you should sue the supplier and not the manufacturer but the supplier a small local fireplace shop has not actually done anything wrong and I have had no dealings with them since I purchased it? Thanks for your help in advance.

I went to the solicitors that dealt with my house purchase and although not an expert in the field he did give me his time for free and looked up a few things and came back with: I cannot have a second bite at a set aside quoting the same reason as for original set aside. The only course of action is to appeal against the set aside, but as this is now out of time I have too: Appeal to a circuit Judge via the County court for leave to appeal out of time, if he grants that (he may not) then ask the same circuit Judge for permission to appeal the set aside (possible at same hearing). If I get this far then state I believe I have a defence to the original claim and ask the set aside be set aside (don't think that's the right term but basically what it means). If I get that far I will go back for more guidance but think I can then either have the original set aside reheard or apply for a new as effectively the original set aside order will cease to exist. The main thing to come out of today for anyone else in future is make sure you appeal a set aside order which goes against you within 21 days as you can do this by simply applying to the district Judge. Having now spent a bit of time on this subject the small claims is an excellent way to defraud small businesses legally as the defendant appears to be guilty until proven innocent with obstacles such as distance and cost of defending meaning that for small amounts the claimant will normally win. It appears to me to amount to legalised fraud and I am sure there are some that make a living out of it? Thanks for all your help I will let you know how I get on.

I have just tried 3 local solicitors all say that they are not interested due to the amount of the claim and its not worth getting a solicitor? I need to find someone who will charge me for some telephone advice, are there firms like that?

Your help is invaluable and I fully realise we may of made a pigs ear of the set aside which is why I am on here Had the amount of been higher we would of got legal advice at the beginning but the fear is spending as much defending the claim as paying it. I will now however speak to a solicitor but would like to know if the court once agreeing to non attendence and letters should supply us with information as to why the set aside was dismissed? For all we know the judge may of taken the defence into account already in which case reopening would be a costly waste of time? The other reason for not pursuing a legal route was that all information I have seen states that small claims cases are dealt with informally and legal jargon is not really required??

This is from the letter sent to the Court prior to the set aside hearing: I understand that small claims are dealt with informally and apologise for my lack of legal understanding, but hope I have made the point robustly that X is desperate to be given the opportunity to defend this claim on a fair a just basis. X has thus far provided all documentation in accordance with the courts direction, the defendant provided theirs late and has had the benefit of attending a local court. X would be happy to take part in either a hearing by letter or telephone should the judge see as appropriate. A court clark telephoned to say that attendence was not required and that my wife could communicate by letter. Other than what I have quoted no other information has ever been received about this hearing?

Thank you for your replies and I am sure the court/judge are just making this all more complex than it should be? Its clear that we do need the transcripts from the hearings but have backed away from this so far because of just compounding cost and the belief that the court should of supplied some level of detail even if just a summary of decisions made. I have made another complaint today to the court telling them that they are in breach of the Disability discrimination act which requires them to give the same level of service they would a person without disability. I do not know how far this will get but I have requested a transcript or summary of proceedings free of charge? If necessary we will purchase the transcript but need to establish if their is any route of appeal because the original hearing was in March and Set aside in April and have been kept waiting weeks for replies. Yes the court was formally asked to move the set aside hearing or allow my wife to participate fully in the hearing by post or telephone if it was not. In another twist it appears that the interim debt order served on my wife's bank was returned stating no available funds so there is no freeze on any money for the final hearing to take? My wife does not wish to frustrate the system and would rather prove her case but its difficult to see what the final debt order will achieve?

I will try and make this as short as possible but I could really do with some advice. My wife runs a small sole trader business from home and late last year a customer filed a claim for a unreceived item total @£1000. The customer used my wifes company name and a PO Box to register their claim and surprisingly it was accepted and allocated to their local court some 200 miles away. The Judge wrote setting hearing date asking for both the claimant and defendant to file evidence not later than 14 days before the hearing, my wife supplied hers within the allotted time and informed the court that she could not attend due to distance. The claimants evidence was not filed until 9 days before the hearing and after they had the opportunity to see my wife's and outside the instructions of the Judge. Having presented the Judge with witting documentation to show that the customer had taken delivery of the goods, we were very concerned to receive a order from the Judge in favour of the defendant. There was no other information regarding the hearing or reason for the order. Having by now read the claimants late evidence we found it contained one error which actually proved my wife's case and decided to apply for a set aside pointing this out. This time the court were informed that my wife could not attend as she is disabled something not stated originally because we did not feel it was relevant, but on this occasion wanted the court to be fully aware of the situation. The court was asked to consider moving the set aside hearing to a court close to my wife so she could attend and failing that to allow the hearing to proceed via written evidence and and disclosure of the proceedings. We received a call from the court stating that the Judge would take written evidence and it was supplied. 5 days after the set aside hearing my wife received a letter informing her that the set aside was dismissed, with not a single word of explanation. My wife immediately complained to the court about lack of information from the hearing and discrimination as the claimant had been able to attend both hearings, address the judge directly and hear the reasons for judgement. As a result of that complaint my wife received a copy of the orders and this response from the entire procedure "The Order records that the deputy district judge had read the defendant's letters" and that is it? Along with this letter a interim debt order was sent requesting my wife's bank to withhold the amount in question until a final debt hearing again 200 miles away on Aug 3rd. We are at a loss as to what to do next as we have clear evidence that the defendant has his goods yet no idea what the claimant or judge have been saying in court and apparently no way of getting to the bottom of the situation. The Deputy Judge did comment that the order stands unless successfully appealed, its very difficult to appeal something you cannot get any information about? Any help on what to do would be really appreciated as we are totally lost? Nb: Just spotted the deputy judge read the letters of evidence but it was the district judge who made all orders so we have no idea if the judge at the hearing even saw my wife's evidence?