How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Hi, Looks like the long question I typed by invitation on the

Resolved Question:

Hi, Looks like the long question I typed by invitation on the free trial has disappeared in the ether then? No I didn't keep a copy, another lesson learned about this site. So Here goes again;
Last Saturday 15th November I drove with my partner 50 miles each way to see the Taps UK Bromsgrove "showroom" linked on their website and all for nothing! Got there and the men in the Tile shop said " You are the nineth people to arrive recently expecting to find TapsUK's showroom and it isn't here, we keep telling them about this".
Their website is using deliberately misleading marketing hype. They don't have any showrooms!
Needless to say I didn't become a customer of theirs as they are clearly out to mislead.
I complained via the weblink and requested initially £50 for their misleading marketing hype having cost us in time and money. I escalated to £100 after having more of my time wasted while they refused to compensate me and just hoped I would go away.
I then sent a Letter before action headed letter by email using the complaint procedure giving them 14 days to reply. They said it would have to be sent by post, gave me a name to send it to and closed my email complaint!
I have now also sent the letter by post as of today. Am I right to assume my original letter with a 2nd December deadline being the 15th day of 14 days given for them to respond was perfectly adequate if sent to them via their weblink complaint procedure?
I have now spent a lot of time in email exchange through their site and on writing to them and I want to be compansated for that and see an end to their misleading practices as my civic duty.
I have written confirmation by email of what the guys in the tile Shop said on our arrival as outlined above as they assisted me. Taps UK claim they know nothing about anyone else having arrived there complaining about being misled. Thay say it is all my fault and that their website is perfectly clear! I have all their tedious and evasive email replies.
Can I get recompense for their misleading over hyped advertising which cost us time and money?
Thank You
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for requesting me

Alex Watts :

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.



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?

Customer:

I have sent the letter before action by email already so today I posted the second one first class not signed delivery.

Alex Watts :

Ok - thats good

Alex Watts :

You can show then at least they have received it

Customer:

Woops return send message prematurely. It is hard to set out costs as we drove in an electric car so impossible to show fuel receipts. I think it costs about £80 to take them to court even using moneyclaim site doesn't it? They say they don't have to refund me as I am not a customer! What would be the chances of winning?

Alex Watts :

You could claim 45p a mile which is the HMRC rate

Alex Watts :

Minimum fee £25 online

Alex Watts :

I think you have a reasonable chance of winning

Alex Watts :

Does that help?

Customer:

Yes thanks, ***** ***** being a customer is just B.S. as I expected it would be and shutting my on line complaint down saying it was settled was just diversionary tactics? If you could confirm both those points to be correct I will provide a big smiley.

Alex Watts :

Yes you dont have to be an actual customer.

Alex Watts :

Does that help?

Customer:

And can they shut down an on line complaint thread saying it has been settled/satisfied when clearly it has not?

Customer:

Oh and was my emailed Letter Before Action the only one I needed to send despite their objection asking for a posted written version?

Alex Watts :

Ok - but this makes no difference to your claim. If they responded to your letter before action that is enough

Alex Watts :

Does that clarify?

Customer:

They haven't responded to my LBA though. Unless providing a name and saying I have to write to that person and post it could be defined as a response. They had it via their web complaint line and then tried to say that was of no significance so my question to you was...was the original enough for them to have to reply to? This is important as I set a deadline of 14 days and today I have resent it by post to be sure they got it but if they get that tomorrow they now have about 4 days less to respond.

Customer:

As I have not changed the wording regarding the deadline.

Alex Watts :

If they have responded at all that is enough.

Alex Watts :

The reply no matter how small is enough to submit a claim

Alex Watts :

Does that help?

Customer:

I think so, so are you saying as long as I have either emailed them or used their on line complaint sytem to transmit my LBA they cannot ignore it and are bound by the deadline I set originally? Thanks

Alex Watts :

Indeed, that is correct

Alex Watts :

Is that ok?

Customer:

Yes Thanks, ***** ***** rate this, will I be able to let preferably you or the site know how this plays out probably after this 7 day free trial ends, which by the way I am very grateful for along with your advice?

Alex Watts : Great, I hope I have helped.
Alex Watts : But indeed if you could as always. Yes once you rate you can come back to the question
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice