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Any ideas what the County Court might think?

2 replies

MysteryDuck · 13/11/2007 12:42

I posted a little while ago about a dispute about a pond safety net we had fitted. We did not believe it did the job as described and asked for a refund. In an attempt to get the matter settled out of court we agreed to a refund of 600 pounds (it cost 1000). We had a credit note from the company for the 600, but despite a lot of chasing, we have not been paid. So, as a last resort we are in the process of taking the matter to court for the full 1000 pounds. The company have put in a lengthy defence culminating in saying we are suffering 'buyers remorse'! Does anyone have any idea how much weight the court will place on the fact that they agreed to refund 600; which I'd settle for right now.

I'm feeling really stressed by the whole thing and was just wondering what to expect. Sorry for the ramble.

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HappyMummyOfOne · 13/11/2007 15:22

The £600 offer was made out of court so it doesnt stand, only offers made in the court room can be signed off in the judgement.

Going from experience, if they do make an offer in court it will be lower to take into account the extra costs they have incurred.

You'll need to have proof that the equipment doesnt do the job you paid for as they will show they have fitted x amount with no problems and will probably have other customer testamonials etc.

One word of caution, if it doesnt do the job you paid for the judge may question why you were accepting a partial refund and not seeking either a replacement or a full refund. If partial, it does tend to be seen that the product does the job but you were not satisfied with the service. The other side can state an offer was made even though it cant be enforced unless they agree it in the court room.

MysteryDuck · 13/11/2007 18:22

Thanks for that. Its helpful to know what we may be in for. For the record, we agreed 600 because we hoped to avoid the stress and hassle we are going through now!

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