THE GRIMSBY AND CLEETHORPES STOVE CENTRE LTD - Retailer Refusing Refund - *** Resolved ***

[Duffers Mum]

We have to give 28 days from date of letter before small claims and then we can proceed without telling him anything if he doesn't comply with that letter...we want to make sure we do everything by the book so if it goes to court they can see we have tried everything to resolve amicably, whereas he will be shown up to the arse that he is!

 

I'm home today after my knee replacement so hubby can get it all sorted to send off to him...

[ericsbrother]

no you dont, you can give 14 days notice CPR 6.3

 

where did you get the idea that you have to give 28 days notice?

 

the courts give very little weight to behavoiur prior to a claim.

If he beat the living daylights out of you it wouldnt make any difference as that wont be considered as being part of the legal action for breach of the consumer rights act.

 

being reasonable is not the same as amicable.

This is why you are in the mire at the moment.

Edited March 10, 2018 by dx100uk
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[Duffers Mum]

Was on the template we downloaded from Which (I think)

[Duffers Mum]

Update...as expected the retailer has ignored our letter before action and his time is up shortly.

We will then issue a claim through the Small Claims Court.

 

Now,if we win - and I'm presuming we will, and he still doesn't pay up, would we be covered under section 75 of the CCA as we paid by credit card?

 

I think we will be it seems a bit ambiguous when I read up on it?

I'm really worried that we won't get our money back at all

Edited March 10, 2018 by dx100uk
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[dx100uk]

sri we let you down there

you should have gone for a section 75 first IMHO

why not try now

[Andyorch]

" Now,if we win - and I'm presuming we will, and he still doesn't pay up, would we be covered under section 75 of the CCA as we paid by credit card? "

 

No nothing to do with section 75...you have made a small claim and if successful you can enforce a judgment in various ways.

 

 

Andy

[Duffers Mum]

Thanks guys! Always rely on CAG to help me! We haven't submitted small claims yet will be sorting in the next week....we didn't do Sec 75 first as everything I have read says cc company always wants you to have exhausted all other ways of getting the issue resolved?

 

How can we enforce a judgment? Surely if the idiot refuses to pay what can we do? The bloke is such an ..and interestingly I've seen a recent review on Facebook from someone else whose had a problem with goods he's bought from this guy but once again he just ignores everything from the customer and blames the fitter even though contract is with him...he's either clueless or just downright ignorant!

[Andyorch]

https://www.moneyclaimsuk.co.uk/post-judgment-enforcement.aspx

 

The most common methods used are a Writ of Control to take control of assets of the company, or a Third Party Debtor Order to freeze the bank account if the name of the bank the Judgment Debtor uses is known or can be found. An Order to Obtain Information requesting a Director to attend court to account for the financial situation of the company can assist with a Third Party Debt Order. Where there is a risk of the Limited Company being wound-up then the Judgment Creditor should monitor Companies House for a status change of the company from "Active". As soon as the status of the company changes Companies House should be informed and a stay put on any request for the winding-up/liquidation of the company to enable enforcement.

[Duffers Mum]

I think I understand that! I will report back but suspect he will just ignore anything the court says...if all else fails we have section 75 to fall back on though?

[ericsbrother]

what have you already been told?

If you want to use S75 then do that NOW and then use court if the bank doesnt do as they are obliged to.

You have been a menber of CAG long enough to know that you have to do a bit of reading up on these matters but you dont seem to have done anything to acquaint yourself with procedures so look at thraeds on S75 and follow tht path

[Duffers Mum]

I was merely asking if we would be covered under section 75 in our circumstances as I was unsure...but thanks for your input..not. If you can't say anything helpful then please don't bother.

 

Two people (who I respect highly having given me excellent assistance in the past) have given two different answers so it appears people can have different opinions on the best way to proceed.

 

I did research which said credit card company expect you to have exhausted all other avenues before going down the section 75 route and that is what we are doing.

[DragonFly1967]

In fairness Duffers Mum, the banks only say this in the hope that it's not going to cost them anything. They'll do anything within their power to get out of paying and putting up some nice hurdles for you to jump over is just part of their avoidance scheme. Don't let their requirements put you off trying. They'll try and thwart you and save themselves money whatever you do, that's just a fact of life with the banks/CC Co's.

 

I haven't seen it mentioned (apologies if I've missed it). How much money are we talking about here? I know wood burners can be quite expensive.

 

On your court claim, if it does go down that route (which seems likely) don't forget to claim for any other expenses that you have incurred because of this.

 

It sounds like the retailer is (or will be) trying to weedle out of their responsibilities. Even though the fitter might be a "sub contractor", if the fitter is arranged by the retailer, then any failure by the fitter is (equally) the responsibility of the retailer. So they won't be able to claim that it's all the sub contractors fault. Don't let them try and pull the wool.

[Duffers Mum]

It was just just under £2,000,

the fitter was to be paid separately,

and in the end we just paid the fitter for disconnecting and removing the gas fire

(we suspect the fitter is the son of the guy we will be taking to court as they share,the same surname and appear to be related on Facebook).

 

We have completed all the information on line and saved it and will submit it with the fee first thing Monday morning and then wait and see....

Edited March 17, 2018 by dx100uk
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[ericsbrother]

If you take the matter to court then you cant use S75 so go via the recharge route first. By exhausting all other route they mean you have written to them formally, used the consumer rights act etc but as your seller is ignoring this they dotn expect you to do court first, court is the last resort.

So, court and forget about S75 or S75 and court if the bank is stupid enought to not help but name them as joint defendants. That way you will get your money from someone.

Also I was not being rude for the sake of it, you have asked for advice, it has been given but you come back asking the same things without having taken on board what has been said and clearly you hadnt read up on the processes but woudl rather insult the person who reminds you to do so than actually pull your finger out and do something for yourself. If you has posted that you didnt understand what was being suggetsed then people would go through things step by step and even draft suitable letters for you

 

I was merely asking if we would be covered under section 75 in our circumstances as I was unsure...but thanks for your input..not. If you can't say anything helpful then please don't bother.

 

Two people (who I respect highly having given me excellent assistance in the past) have given two different answers so it appears people can have different opinions on the best way to proceed.

 

I did research which said credit card company expect you to have exhausted all other avenues before going down the section 75 route and that is what we are doing.

[Duffers Mum]

UPDATE: we received a letter today saying the company is going into liquidation....Obviously we won't bother doing a court thing now, so presume I just contact the credit card company direct?

 

EricsBrother, sorry I wasn't meaning to appear rude or short with you, I was just worried about losing £2,000.

[renegadeimp]

Yep. s75 asap

[Duffers Mum]

All ready to post off tomorrow, then we just wait.......and hope they cough up! Any idea of how long that might take (guessing it will be quite a while)

[dx100uk]

always better to ring the card provider

[Duffers Mum]

always better to ring the card provider

 

I would...but it's Aqua and their call centre I think is in India and I doubt I would get any sense from them..who would I ask to speak to because I doubt a telephony member of staff would know what I was talking about?

[DragonFly1967]

I would...but it's Aqua and their call centre I think is in India and I doubt I would get any sense from them..who would I ask to speak to because I doubt a telephony member of staff would know what I was talking about?

 

They have one in Delhi and one in Swansea. Best time to call is when India aren't there, that way you get through to Swansea.

 

Delhi is 5hrs 30 min ahead of UK. So placing a call after about 4.30pm in the UK *should* get you through to Swansea

 

Or you could try ringing 01268 884084 at any time. That number is less likely to be diverted.

[dx100uk]

newday.

[Duffers Mum]

They have one in Delhi and one in Swansea. Best time to call is when India aren't there, that way you get through to Swansea.

 

Delhi is 5hrs 30 min ahead of UK. So placing a call after about 4.30pm in the UK *should* get you through to Swansea

 

Or you could try ringing 01268 884084 at any time. That number is less likely to be diverted.

 

Thank you

[Duffers Mum]

Do I need to ask for anyone in particular?

[DragonFly1967]

Do I need to ask for anyone in particular?

 

Ask to speak to Brian

 

 

Seriously, just ask to speak to someone that can sort out a Section 75 claim.

[Duffers Mum]

Will give it a go and hope I don't get the numpty jobsworth!