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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience:  Over 5 years in practice
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I purchased a used car part via telephone from an on line enquiry,

Resolved Question:

I purchased a used car part via telephone from an on line enquiry, the mechanic who was going to fit the part said it was bent, I contacted the company who supplied the part and they requested photographs, I did this and did not hear from them. I waited a week and then sent the part back. I still had not contact however received a full refund, I asked for the return postage cost of £12.92 to be refunded, they refused and said there was nothing wrong with the part and have since sold it to some one else. There have been a number of emails back and forth regarding me recovering the money and all my costs. I would be grateful for some advice regarding this as I do not want the company to benefit from my £12.92 and I am happy to recover this through the court.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

I want to take them to court to recover the £12.92 and the other costs which will be this fee £33 and my time, which will be a day from work £250.

In order to win I would like to know how to go about preparing the case what I need to research. I have looked at the distance selling regulations and the sale of goods act.

Expert:  Jo C. replied 2 years ago.

I'm really sorry but I'm not sure that I can give you good news.

You do have rights to reject this item under the distance selling regulations but you cannot claim the cost of postage or the cost of this answer.

If the item had a fault then you can claim the cost of postage under the Sale of Goods Act but not the cost of this answer as thats a fee not claimable under the small claims court. Also, if you issue for £12.92 then you risk a Judge taking the view that this is a vexatious claim and awarding costs against you or at least disallowing your claim for your costs against the other side.

I'm afraid you have no claim under either legislation for loss of earnings. That is a consequential loss not covered by the SGA and, in any event, not caused by the fault but by the court attendance.

You can always complain to trading standards and you may get a refund of £12.92 because its not in their interests to fight such a small sum either but I'm afraid your other claims, if contested, would be lost at court.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
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