smal claim questions

[randalbond]

Hello,

I bought in a shop a mobile phone that had faults (constant noise and voice cut in and out). When I went to the head office to return it for refund, they said they don't do refunds. Then they checked the phone, said that it works well and refused to replace it, either.

I since wrote them a letter, rejecting the goods and asking to reconsider their decision, but it has been ignored. I have never had a customer service like that and will be forced to go to small claims court. Hence, a few questions, if anyone can help.

Do I need to prove the phone doesn't work, if they claim the opposite? Otherwise, it's my word against theirs. How do I do it?

I sent a letter 1st class.Did I need to prove that the letter has been delivered and send it recorded?

Court fees will be £25 for application and, if defendant contests, £25 for the court hearing. Shall I add the last £25 to the N1 form?

Thank you.

[NewMumJuly11]

Hi, unfortunatly no retailer can just say "they don't do refunds". As long as you have acted promptly i.e. within a week or to of buying the goods and there are no other reasons a refund is not appropriate i.e. hygiene etc, then if the goods are not 'fit for purpose' and in this case that would probably mean you cannot make and receive calls to a satisfactory queality then you are entitled to reject the goods and claim a refund. Within the first 6 months of buying something the onus is on the retailer to show that it was not faulty when you purcahsed it rather than on you to show that it was. Obviously if you have been careless with the phone and damaged it in some way that will mean you wont get a refund.
Having said this when going to court it is always good to have some evidence in your back pocket to support what you say. Could you take the phone to an independent dealer to get a quote for a repair? I would ask them to write down exactly what is wrong with the phone and what repairs it requires and then you can use this to support your position. Also make sure you takethe phone with you, you never know the Judge might want to expereince it for his/herself.
With regards to posting, whilst it is always nice to have a signature to show that a letter has been received you don't need to do this. In fact court proceedings are normally just served by first class post so I wouldn't worry to much about this. Maybe email a copy of the letter to them with a chaser saying I've not had a reply then at least you can show they had it by email.
The only court fee which should be added to the claim form (N1) is the cost of issueing the claim. However, if it goes to court you should ask the judge for the additional court fee as well.

Hope this helps