Help please Direct bikes retail ltd

[AndyOrch]

Bought using Debt Card......Chargeback..... Reject under CRA 2015 as a Faulty Goods Claim..you have the right to a refund, repair or replacement.

 

Its irrelevant that the delivery was signed for unchecked.The Bike must be returned promptly preferably with insured cover and the retailer must reimburse the costs of this also.

[AndyOrch]

No ...not at your cost...see above...you must be reimbursed

[AndyOrch]

Yes and yes and no...you arrange return...signed for and insured...keep your receipts as proof.

[AndyOrch]

Under the Consumer Rights Act you have 30 days to reject....write to them formally rejecting the product under the Consumer Rights Act. (I assume you already have by email )

[AndyOrch]

Was this bike purchase on line or from their store ?

 

You've MORE rights buying online (or by telephone/catalogue) due to the Consumer Contracts Regulations. These give a legal right of 14 days to cancel the order after receiving it, and a further 14 days to send most goods back for a full refund (including outward delivery costs), even if there's no fault.

[AndyOrch]

As above then:wink:

[AndyOrch]

Might be worth speaking to the courier where this was collected from ?

 

Becoming evident now why they wont entertain returns or adhere to UK Legislation and Consumer Statuary Rights.

[AndyOrch]

" Court will be my route "

 

Possibly your only option...unless Visa act accordingly.

[AndyOrch]

You can name 2 companies on a claim through MCOL..by clicking the add 2nd Defendant (Company) button...but best to get the correct information in the first instance.

 

If this proves problematic and only one named is entered you can always change it using CPR 19.5 "Special provisions about adding or substituting parties after the end of a relevant limitation period "

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19#19.5

[AndyOrch]

Thread moved to On line Stores Forum.....please continue to post here to your thread.

 

Andy

[AndyOrch]

Step 4) Defendant details

 

A defendant is the person or organisation that the claim will be issued against (i.e. the party who owes you the money).

 

You should consider the following:

 

a) Number of Defendants

 

There can be up to two defendants for claims issued via MCOL – for claims against more than two defendants you should contact the County Court Money Claim Centre. If you want to issue a claim with two defendants you will need to click the ‘Add a 2nd defendant’ button. Please note that each individual should be listed as a separate defendant. For example, if you were issuing a claim against a husband and wife, they need to be listed separately as the first and second defendant and not on one line as “Mr and Mrs”.

 

b) Choosing the Defendant(s)

 

Each defendant can be one person or an organisation (such as a limited company).Remember, amendments after issuing the claim can be time consuming and may incur additional fees, so you should consider carefully who is responsible for the debt when adding a defendant(s).

 

A sole trader is an individual and not an organisation. To enter a sole trader as a defendant, select ‘Individual’. In the ‘Surname’ box type their surname followed by either ‘T/A’ or ‘trading as’ and then their trading alias (you will also need to provide their forename / title in the relevant fields).

 

Please note, court staff are not legally trained and therefore cannot tell you who the defendant(s) should be. If you are unsure who to claim against you should seek legal advice.

You should make sure the information you provide is accurate and complete. For any individual defendants you should make sure that you include their forename and family name and that you have spelt their name correctly.

 

For organisations, you should make sure you have the full, registered name of the company. Please be aware there may be several companies with similar names therefore if the name you provide is incorrect you could inadvertently issue a claim against the wrong company. Please be aware if you use the incorrect name it may not be possible to register judgments or take enforcement action at the later stages of the claim.

[AndyOrch]

Under the Consumer Rights Act you have 30 days to reject....write to them formally rejecting the product under the Consumer Rights Act. (I assume you already have by email )

 

Unfortunately his T&Cs do not override Law...and The Consumer Rights Act......as above......notify the court you wish to proceed by following the directions enclosed with the copy of the defendant’s response.

 

If you have been sent a questionnaire to complete this must be returned by the date specified.

 

Andy

[AndyOrch]

They should have sent you a DQ (Directions Questionnaire N180) with the defendants defence for you to complete...unless its on its way.

 

We have a copy here ......

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

 

But ring the Court and inform them you wish to proceed with your claim.

 

 

Andy

[AndyOrch]

Have you uploaded your particulars of claim final draft ?