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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47425
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We sold a USB car charger to a customer online a

Resolved Question:

Hello,
We sold a USB car charger to a customer online a few months ago.
They claimed the charger damaged their iPhone and needed it replaced.
They asked us to settle outside of court for £125, we thought it was an empty threat so ignored it.
We now have a county court judgement on our hands, the customer wants £600 + interest.
The customer doesn't have any proof that the product caused this damage and even said in an email it worked for his wife.
The claim is against us and another online seller who sold them a USB cable to go with the charger.
We have now received a "Notice of Proposed Allocation to the Small Claims Track".
What's the best thing to do?
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. There is nothing stopping them from making a claim against you, however to be successful they would need to prove that hat they are claiming is true and provide some evidence to show that it was indeed your product that damaged their phone. So instead of just ignoring the claim you may wish to defend it and let them try to prove what they are claiming, which may be difficult in any event. If you were to just ignore the claim then they can get judgment in default against you automatically even if you were not in any way guilty so it is best to deal with this rather than just letting it proceed without your involvement. Similarly, with the amount claimed they must be able to justify that what they are claiming has actually been incurred as a loss/expense and that it was as a result if your faulty product. So again, they must show evidence that they have incurred those specific costs they are trying to recoup. In the meantime it is still possible to continue negotiations on the side if you were to agree on some settlement and that could be driven by the development of the case and how likely it is that either party could win. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hi,

thanks for the quick reply.

This is what i've been saying all along, it's very difficult to actually prove that our product did that.

Is there a chance that if we did go to court the costs could spiral? For example if he did provide evidence and that evidence cost him £1000s would we then have to pay that on top?

thanks

Expert:  Ben Jones replied 2 years ago.
Expert fees are usually agreed in advance and likely split. also in the small claims court you pay your own legal fees even if you lose
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