faulty steam shower - default Judgement set aside by defendent 3 months after issue ***Judgment attained***

[Guest]

Hi Ford

 

 

she denied the expenses as she said they are not allowed in small claims, she was just being very awkward, I thought they had been unreasonable for exactly the same reasons given - no response since October etc etc, she confirmed that those matters are no longer live as the claim has been re-issued in a new name, this claim is basically back to page one, what happened before this date is no longer relevant! I informed her that the claims all went to the same address etc, she advised me "if you come to Court to represent a claim, then make sure you know what happens??

 

 

We now have 14 days - they are stating that they have not have time to respond under the Ltd. name, so they have this, but the fact that they will state they do not owe the money is more than concerning, as they are trying to state that the Supplier went bankrupt and they could not honour the Warranty??

 

 

I informed the Judge that the Retailer would be responsible for the sale under the Sale of Goods Act 1979, she advised that's not a issue here and we will see how you assisted the Company in resolving this, before putting in the claim!!!

 

 

As I say its a Joke!

 

certain expenses seem to be allowed re small claims, as andy mentioned, but i suppose is at the judges discretion?

saying that you shld 'make sure you know what happens'?? is not really on. LiP's shld be treated with respect and made allowance for their circumstances as an LiP. the govt even advocates DIY!

fair enough the right name has to be claimed against. thats what i mean, different names but same address and versa. they get away with somethings.

[intree]

Claim won

 

 

all payments paid in addition high court writ fees

and also the charges for our time

 

 

in the end the result was secured but no thanks to the court,

 

 

in general just make sure all the paperwork is correct before you issue a

 

 

nd just stick to the facts and you will win

 

 

as long as you have proof and stand by the claim in full

 

 

- then you have to escalate to the high court and enforce it, through the bailiffs

[AndyOrch]

Excellent news intree...delighted that you have been able to overcome the defendants obstinate actions.

 

Well done thread title amended to reflect the outcome.

 

Regards

 

Andy

[citizenB]

Really pleased to hear this intree