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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just been sent County Court papers regarding a claim

Resolved Question:

I have just been sent County Court papers regarding a claim by Disking Computers Ltd.
I gave Disking a computer which was not able to start. I asked them if they were able to transfer my files / pictures from this computer to a new working computer. They said yes at a cost of £59.
Upon receiving said computer back,some of the files were missing and no pictures were ever transferred. They said that 95% of all files / pictures were transferred,i disputed this. They then said that they would see if they could extract more of the information and get back to me.
No further communication to myself was ever made (phone or letter) so i contacted my Credit Card Company who sent me the relevant paperwork to file 'Charge Back' They mentioned that they would contact Disking Computers Ltd to verify this dispute. Payment of £59 was credited back onto my Credit Card and nothing else was mentioned up until now! So can i dispute this claim? Or do i know have to pay £59 + £34 Court Costs.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please just confirm they did not carry out the work and you disputed the charge?

Alex Watts :

Have they, to date, carried out the full work, ie 100% of the files?

Customer:

They have carried out the work,but not to satisfaction.

Customer:

Plus they have still retained the old computer.

Alex Watts :

Ok then you simply file a defence saying that.

Alex Watts :

You have a defence to the claim

Alex Watts :

1) They did not carry out the work

Alex Watts :

2) They still have your computer

Alex Watts :

3) You raised this with your credit card provider who refunded you

Alex Watts :

You can defend the claim, but you must do this within 14 days of receipt of the claim

Alex Watts :

Can I clarify anything about this today please?

Customer:

Yes,they have enclosed a copy of their terms and conditions connected with their County Court paperwork (which i never was furnished a copy).The small print states rather conveniently that they are not liable of works carried out (bad business practice) not to be held in any way accountable service?

Alex Watts :

If they did not make you aware of this before the work was carried out, you can't be liable.

Alex Watts :

All terms must be agreed before work

Alex Watts :

That is also your defence

Alex Watts :

Does that help?

Customer:

Yes,thank you,however although i didn't receive a copy personal records,i did sign the document?

Alex Watts : Ok, don't worry about that.
Alex Watts : Can I clarify anything else ?
Customer:

So you are saying that although i did initially sign the T&C's but never given a copy records i can use this as a defence? Or regardless it is down to me to have read the information pertaining to their effectively 'Disking Ltd get out clauses'?

Customer:

Once this is clarified this is all the information i require to scribe my response. Many thanks.

Alex Watts :

You can use this as a defence yes. You have Regulation 5 to help.

Alex Watts :

Does that clarify?

Customer:

Regulation 5? What is this?

Alex Watts : Reg 5 of the unfair terms in consumer contracts regulations 1999
Alex Watts : It says a term is unfair if it creates an imbalance between the parties.
Alex Watts : Does that help?
Customer:

Yes,thank you, ***** ***** any other regulations / laws pertaining to this case i could mention in y defence?

Alex Watts : That's it,l
Alex Watts : Does that help?
Customer:

Yes thanks! Much appreciated.

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