Small claims court...

System
System Posts: 100,534 🤖 Admin 🤖
edited June 8 in AAT student discussion

Anyone ever filed - and won - a small claim against anyone or a company before?

My MP3 player that cost £130 just over a year ago has suddenly died and the manufacturer - Creative - don't want to know even though there are known faults with many of their products. As such, I'm now intending to go through the process of suing them.

Any advice welcome!

Robert

Comments

  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    How long was it guaranteed for?
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...

    Robert, if it is out of guarantee, then you will be just throwing good money after bad when you pay the court fee's. Probably better to create a stink via a TV show or one of the newspaper help sections.
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    You could create a thread on here with the exact make and model and then if anyone googled for it, you'd pop up, so to speak.
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...

    I'm intending to file under the Sale of Goods Act (or whatever it's called now) that states that manufacturers can still be liable for faults - inherent or otherwise (and this could be) - even though the one year manufacturers guarantee has expired. Those guarantees are only ever in addition to our statutory rights anyway, not in place of them. It's all based on price paid and reasonable, expected longevity of the product and I think fourteen months for something this expensive isn't reasonable. I'm not just gonna throw away £130 without a fight!

    Farmer G - if I did file, they're unlikely to defend anyway. Everyone should stand up and defend ourselves against many of the crap products currently being forced onto us. The old saying "They don't make them like that anymore" came about because people don't stand up for their consumer rights when being sold sub-standard garbage!

    Good idea Helen!

    Creative Labs Zen Micro 6gb white
    = what a load of old garbage

  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    LOL, I've made spectacular progress on this and they're now starting to back down after I e-mailed them, threatening court action! I even depreciated my product and came up with a NBV which is the amount I'd pursue them for! It'd cost them more than just sending me out a new one from factory stock, so we'll see!

    See - accounts does come in useful in other areas too!

    TBC!
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...

    I once found a brown piece of sugar in a fruit pastille. I thought it was a fly at the time so I sent it back to them.

    They sent a letter saying it was a brown piece of sugar and sent me a box YES A BOX of fruit pastilles :-0
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    I just got a call from a foreign gentleman a couple of continents away from here, offering to now replace my MP3 player free of charge as long as I don't pursue my threat of court action! I still have to pay postage to send it back - the buggers - but it's still a victory and better than losing nearly a hundred quid!

    And who dared to say I wouldn't get anywhere?!!!
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    What if you pay the postage and then it doesn't arrive? They've got more dosh out of you.

    :shock:

    What if they send it to the county next to Devon instead of Hampshire?
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...

    Baggybooks wrote:
    What if you pay the postage and then it doesn't arrive? They've got more dosh out of you.

    Don't be so ridiculous Hellen - the Royal Mail'll lose it long before it ever reaches their factory...
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    Sorry Mandy.

    :cry:
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...

    Why are you sorry Helen? Don't ever apologise for someone else. Public perception, who said Royal Mail will deliver it? Anything else Robert?
    You can start on the GP this weekend as well if you want, have a moan about that too? Seems I'm the only one on this forum who gets personal comments about my employer, I'm sure you all work for 100% genuine "leg breaking" honest companies.
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...


    Errrrrrrr............ I was joking Mandy, both about this and the South West thing on the other thread.

    Jeez, surely you must all know my sometimes twisted sense of humour by now?
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Small claims court...

    Yeah Robert, you are right. I do know your sense of humour. I guess it was just bad timing, things are a little fraught in the company at the moment as you can imagine. I got a little touchy about it , apologies. I will go mellow out with my pint. :lol:

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