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Hello my name is ***** ***** I will help you with this.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Sorry but what you've told me I have already got from CAB, I have already sent a letter, [did you read my question?] Im after advice about what to claim for. Please refer to my question. My computer is worth about 600, it has been damaged in transit. The courier company they supplied damaged it but the computer repair company refuse any liability. They also won't answer any queries. what can I claim for?
They have failed to act with all reasonable skill and care pursuant to section 13 of the sale and supply of goods act 1982
If you can show they have a bad reputation and you submit that in evidence yes it can be used.
If you do not use that as submitted in evidence then you can not use it
are you still there
I am yes.
You rated bad service?
The system shows I am offline when I go to a different screen
Thats unclear, I thought you had disappeared . what you've told me is on the CAB site. Im asking what I can claim for if I have to make a small claim. At the moment they have my computer and show no signs of returning it, broken or fixed. So do I claim for the value of my computer.
Yes you can claim for that.
That is your loss
They have your computer.
It does not work.
You have tried to contact them without any success
So you can get another computer of the same spec
the replacement cost more than double the value of the broken one. Do I claim for the value of broken one or the replacement?
Value of the broken one, because that is your loss.
Your loss is that computer
In any event a Court wont allow you a new computer to replace an old one.
It would only give you the used value anyway as you would be unjustly enriched.
Ok, last question, if the small claim court papers makes them act and they send back the broken computer am I able to continue with my claim?
Yes assuming they haven't fixed it.
You can claim for the fix plus compensation
Does that help?
Yes thanks, ***** ***** on better than bad! thanks