Money Claim online against The Coffee Shop for coffee machine

[Cypriotxx]

Hi There,

we have bought a coffee machine for £559.82 inc delivery&vat and it is not what we want for our particular purpose , and we called back as soon as it arrived to for return arrangements but just been ignored.. you can see the invoice attached .

 

so what i did started the money claim online process,

i have attached screen shot of the claim page and the mail they sent me after receiving the court order..

 

we have sent the machine back and still not giving our money back.

 

any advice , what should i say next or do please ?

 

Thank you so much to all of you for having such a place and the time to help us who in need help .

 

Regards

Bill

[Andyorch]

Hi Cypriotxx and Welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy

[Cypriotxx]

Thank you so much Andy , really appreciated .

[Andyorch]

I have unapproved your uploads as they contain far too much identifiable data...please redact and re post.

[Cypriotxx]

ok do i remove all contact and names ?

[Cypriotxx]

attachments amended please check , thanks so much

[martin2006]

There are still some personal details in the "mail response" doc

[Cypriotxx]

do you mean the mail response PDF or the DOC file , i am not sure how to delete the DOC file from uploaded place.. or you meant PDF version ?

[Andyorch]

I would just remove the email trail for now...it may involve too much editing.

 

Andy

[martin2006]

the "mail response" pdf in #6, its showing personal info and acc no

[fkofilee]

They have offered to refund to close the case? Hmmmmm.... So whats the problem at this moment.

What do you need advice with?

[richard_se11]

You might be advised to remove your bank details from the email trail!

[Cypriotxx]

i have now deleted the bank acc details ,

 

if you look at the last three mails which happened today , he is telling me to mark as settled , but if i do that and if he dont pay then it says in options i cannot start the process again and to be honest after going through all this i dont trust that he would pay back...

and also , wouldnt i be allowed to ask for full refund back since he caused me to start court case and now he is offering to pay only the machine cost not return postage and the court fee..

 

Thank you so much for taking time to look at it.

[Conniff]

You should tell him the full amount you want included in the refund in your hand or you will let the case go ahead which will include all the costs and he will have a CCJ which won't go down well should he need the help of the bank etc in the next six years.

[Cypriotxx]

Thank you so much ,

i am thinking of sending this

 

as it is seems there is no proper solution offered from your end ,we are now decided we are going ahead with this case as we would want to full amount included in the refund and the charges made by the court , why should we be out of pocket after all it is your companies fault ignored us constantly till to the point when we started the court action.,.

[Conniff]

All you need to say is that any settlement must include the court fees and other out of pocket expenses totalling £xxx. You have 5 days in which to pay this amount or we proceed to court.

 

Send it by recorded delivery and keep a copy.

[Cypriotxx]

Since i havent heard anything from them , i have logged into the MCOL - money claim online site and says

defendant filed an acknowledgment of service on 16/11/2015

says:

Intention : I intend to defend part of this claim

 

not sure what to do next , we have send the coffee machine back and they received it and now they not sending our money back...

[Andyorch]

I would assume they should have filled a defence by now...if not request judgment.

 

Regards

 

Andy

[Cypriotxx]

Thank you so much for your reply ,

i have check the site for that to send Judgement but not sure which to pick , if i pick the second one how will i prove he admits he owe the money ?

 

see the options in the picture if helps

[Andyorch]

No.1...not filed a defence...but check with Northampton before you submit.

[Cypriotxx]

Morning friends and hope you are going to have a lovely xmas and a new year soon.

 

just received a post today with a defence letter as well as some forms , attaching them now , any help will be grateful what to reply . thank you so much

[Mezzle]

Reading that, they've disputed the full amount, but offered a partial refund?

[Cypriotxx]

-----

from me

Hi There,

We are now going ahead with taking your company to court because we have been ignored constantly emails and sms messages and calls and there is no attention of helping solving this,.

---------------

from them same day

Your email has been noted and thank you for the email attachment letter.

Please return the item to our warehouse address that can be found on the footer of this email.

We are unable to adhere to your request of any form of refund while you have the machine remains in your possession.

 

Kind regards,

The Catering Shop

 

-----------------

from me

Thank you for your prompt reply , we will get this posted asap and once we received our money back , we will withdraw our application on moneyclaim.gov.uk

as you advised we've put the machine back on a palette and dispatched it back to your warehouse.

 

The delivery is due to be with you on the 13th November which is Friday this week. You have received our Solicitors letter. We paid £500 directly into your bank account for this item.

we have now paid carriage both ways. £50 x 2 £100. We are offering to leave the one £50 carriage, but would ask you to pay the return. We believe this is a fair arrangement. Therefore once the machine is back in your keeping this Friday please pay back £550 into our account.

 

--------------

from them

Thank you for your email, we are now in receipt of the returned item.

We are now in receipt of your court action as of today, so are now unsure as how you wish to proceed with the matter?

 

With regard to payment of postage i am afraid we will have to decline on this occasion and request that this cost be incurred by yourselves.

 

From our perspective, The item was advertised correctly with the appropriate and representative detail including dimensions, photographs and product capabilities. With all due respect, the error was not on our behalf and we delivered the machine as instructed. I am sure that you agree the error was unfortunately at your end on this occasion.

 

We also, subject to our terms and conditions of sale; normally apply a 25% re-stocking fee on returned items due to buyer error, on this occasion, the director has chosen not to pursue this course as a good will gesture and understands that mistakes can be made but we will not be held liable for transport cost.

 

We look forward to hearing from you and reaching an amicable resolution swiftly,

Kind regards,

 

------------------------

from me

i would suggest you respond and say it is all solved now so i can accept the outcome or they may take it further as it is done online there is no button to cancel it .

-------------------

Good morning

please accept my apologies for the delay in response as i have unfortunately been ill,

I had spoken with Mario who gave me authority to transfer funds subject to closure of the court case.

I have checked again this morning and this is still the case. on the website there is an option

I.E, if court case is marked as either settled or discontinued today then funds will be transferred to your chosen account immediately.

I am here for the duration of the day but after this i will no be returning to the office until next Wednesday,

if you can, could you please respond as quickly as possible so that we are able to remedy the situation,

Kind regards,

------------------------

and i replied

Thank you for your response , as you already received the item , the only option is for me to pick is the first one which says "If you advise that the case has been paid, but later find this to be incorrect, you will need to re-instate the claim." or i can just wait and ask for full refund and that would be included the court fee too because of all this trouble and stress been caused to us . i will leave this with you and if we dont receive our money back i will pursue this further ..

 

------------------------

his reply

Thank you for your prompt response. Unfortunately, if you would not like to proceed how we have suggested, the situation will more than likely go to court.

By selecting any other option other than those suggested a judgement would be entered against the company,and this is something we are not willing to accept as the error in initial purchase lays on your side.

The item was not returned as soon as you found that you had made this error and instead requested a refund and asked to keep the machine until will sold it again. The Machine was not returned to us until after the court case was initiated. Please bear in mind that if the case is to go to court, our offer of full reimbursement less transport costs will be null and void and therefore our usual terms and conditions of sale will apply, thus implementing that a 25% re-stocking fee will apply as well as the transport cost which we would be legally entitled to claim and will succeed. Our terms of the settlement that we offered will also be noted to the court. We would much rather solve this amicably today and transfer funds but it lays entirely in your hands,

 

------------------------

i replied

i cannot mark the case as paid if i am not paid and you suggesting for me to lie and mark as paid or settled, all our conversations and text messages are recorded and it is clear why we was late sending the item back and why all this happened .. i will not lie and mark as paid here because we are not received the money . and i will take my chances with the court if thats your wish . being unreasonable and asking me to lie and make a false statement..

as it is seems there is no proper solution offered from your end ,we are decided we are going ahead with this case as we would want to full amount included in the refund and the charges made by the court , why should we be out of pocket after all it is your companies fault ignored us constantly ,.

 

 

---- and today i received the defence letter in court from them says...

Once the machine had been delivered. approximately a few days later, the machine was described by claimant to be of no use as they did not have 3 phase (415v) supply as they thought and would therefore not be able to use the item purchased.

 

The response to this was that The Catering Shop offered to exchange the machine as a gesture of good will for a different model. Images and specification were exchanged and a number of options provided.

 

The claimant declined the offer of an exchange machine and requested they remain in possession of both the machine and full refund , and they would keep the machine until the Catering Shop found another Buyer for it and they would then post it from their location . This offfer was not accepted by the Catering Shop and the machine remained in the possesion of the claimant.

Following this scenario. a duration of time passed, and yes it is agreed that there was a lack of communication on behalf of the Catering Shop as the situation become very frustrating by means of a "stale-mate" as felt that a resolution was not possible until the machine was returned at the cost of the claimant.

 

Since the court documents have been issued, no more than a few days after , the machine has since been returned to the Catering Shop.

 

There have now been numerous attempts to resolve the matter prior to proceeding to court but have been to no avail.

 

The Catering Shop now reserves the right of its terms and conditions of sale and offers a refund less the transport cost to claimant and a %25 re-stocking fee complaint with sales of goods act.

 

--------------------------------------------------------------------------------------

 

i am stuck now dont know how to word a defence for this ,.. any help pls .. how do i feel this form or reply to this ?

[citizenB]

I will try and find someone who can help.

[Ganymede]

-----

from me

Hi There,

We are now going ahead with taking your company to court because we have been ignored constantly emails and sms messages and calls and there is no attention of helping solving this,.

---------------

from them same day

Your email has been noted and thank you for the email attachment letter.

Please return the item to our warehouse address that can be found on the footer of this email.

We are unable to adhere to your request of any form of refund while you have the machine remains in your possession.

 

Kind regards,

The Catering Shop

 

-----------------

from me

Thank you for your prompt reply , we will get this posted asap and once we received our money back , we will withdraw our application on moneyclaim.gov.uk

as you advised we've put the machine back on a palette and dispatched it back to your warehouse.

 

The delivery is due to be with you on the 13th November which is Friday this week. You have received our Solicitors letter. We paid £500 directly into your bank account for this item.

we have now paid carriage both ways. £50 x 2 £100. We are offering to leave the one £50 carriage, but would ask you to pay the return. We believe this is a fair arrangement. Therefore once the machine is back in your keeping this Friday please pay back £550 into our account.

 

--------------

from them

Thank you for your email, we are now in receipt of the returned item.

We are now in receipt of your court action as of today, so are now unsure as how you wish to proceed with the matter?

 

With regard to payment of postage i am afraid we will have to decline on this occasion and request that this cost be incurred by yourselves.

 

From our perspective, The item was advertised correctly with the appropriate and representative detail including dimensions, photographs and product capabilities. With all due respect, the error was not on our behalf and we delivered the machine as instructed. I am sure that you agree the error was unfortunately at your end on this occasion.

 

We also, subject to our terms and conditions of sale; normally apply a 25% re-stocking fee on returned items due to buyer error, on this occasion, the director has chosen not to pursue this course as a good will gesture and understands that mistakes can be made but we will not be held liable for transport cost.

 

We look forward to hearing from you and reaching an amicable resolution swiftly,

Kind regards,

 

------------------------

from me

i would suggest you respond and say it is all solved now so i can accept the outcome or they may take it further as it is done online there is no button to cancel it .

-------------------

Good morning

please accept my apologies for the delay in response as i have unfortunately been ill,

I had spoken with Mario who gave me authority to transfer funds subject to closure of the court case.

I have checked again this morning and this is still the case. on the website there is an option

I.E, if court case is marked as either settled or discontinued today then funds will be transferred to your chosen account immediately.

I am here for the duration of the day but after this i will no be returning to the office until next Wednesday,

if you can, could you please respond as quickly as possible so that we are able to remedy the situation,

Kind regards,

------------------------

and i replied

Thank you for your response , as you already received the item , the only option is for me to pick is the first one which says "If you advise that the case has been paid, but later find this to be incorrect, you will need to re-instate the claim." or i can just wait and ask for full refund and that would be included the court fee too because of all this trouble and stress been caused to us . i will leave this with you and if we dont receive our money back i will pursue this further ..

 

------------------------

his reply

Thank you for your prompt response. Unfortunately, if you would not like to proceed how we have suggested, the situation will more than likely go to court.

By selecting any other option other than those suggested a judgement would be entered against the company,and this is something we are not willing to accept as the error in initial purchase lays on your side.

The item was not returned as soon as you found that you had made this error and instead requested a refund and asked to keep the machine until will sold it again. The Machine was not returned to us until after the court case was initiated. Please bear in mind that if the case is to go to court, our offer of full reimbursement less transport costs will be null and void and therefore our usual terms and conditions of sale will apply, thus implementing that a 25% re-stocking fee will apply as well as the transport cost which we would be legally entitled to claim and will succeed. Our terms of the settlement that we offered will also be noted to the court. We would much rather solve this amicably today and transfer funds but it lays entirely in your hands,

 

------------------------

i replied

i cannot mark the case as paid if i am not paid and you suggesting for me to lie and mark as paid or settled, all our conversations and text messages are recorded and it is clear why we was late sending the item back and why all this happened .. i will not lie and mark as paid here because we are not received the money . and i will take my chances with the court if thats your wish . being unreasonable and asking me to lie and make a false statement..

as it is seems there is no proper solution offered from your end ,we are decided we are going ahead with this case as we would want to full amount included in the refund and the charges made by the court , why should we be out of pocket after all it is your companies fault ignored us constantly ,.

 

 

---- and today i received the defence letter in court from them says...

Once the machine had been delivered. approximately a few days later, the machine was described by claimant to be of no use as they did not have 3 phase (415v) supply as they thought and would therefore not be able to use the item purchased.

 

The response to this was that The Catering Shop offered to exchange the machine as a gesture of good will for a different model. Images and specification were exchanged and a number of options provided.

 

The claimant declined the offer of an exchange machine and requested they remain in possession of both the machine and full refund , and they would keep the machine until the Catering Shop found another Buyer for it and they would then post it from their location . This offfer was not accepted by the Catering Shop and the machine remained in the possesion of the claimant.

Following this scenario. a duration of time passed, and yes it is agreed that there was a lack of communication on behalf of the Catering Shop as the situation become very frustrating by means of a "stale-mate" as felt that a resolution was not possible until the machine was returned at the cost of the claimant.

 

Since the court documents have been issued, no more than a few days after , the machine has since been returned to the Catering Shop.

 

There have now been numerous attempts to resolve the matter prior to proceeding to court but have been to no avail.

 

The Catering Shop now reserves the right of its terms and conditions of sale and offers a refund less the transport cost to claimant and a %25 re-stocking fee complaint with sales of goods act.

 

--------------------------------------------------------------------------------------

 

i am stuck now dont know how to word a defence for this ,.. any help pls .. how do i feel this form or reply to this ?

 

That is their Defence isn't it? You don't file a Defence exactly, you would usually wait for exchange of Witness Statements and flesh out your original Particulars of Claim.

 

You could file a Reply to Defence but you need to make sure it it done properly and only responds to their Defence point by point and doesn't include new allegations etc. You should read CPR 15 before doing anything as there are time limits etc.