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Ok - then you can take action
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
You can issue a claim against the retailer for breach of contract as per the Sale of Goods Act.
You can also add the credit card company as second Defendant as they are jointly liable under the consumer credit act. There is no additional cost for this.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Thanks for your help. We only paid the deposit (£500) for the lawnmower on Credit Card. The remainder we just paid by bank transfer. Is the credit card company still jointly liable?
Yes they are.
Issue a claim
Does that help?
That's great. We are going to write a registered letter to the lawnmower company today - so hopefully we will get a response. Are they responsible for collecing it from us or do we need to orgnaise for it to be transported back to them.
I hope so too! Good luck with this.
Can I help with anything else today?
No that's everything thanks.
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