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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a domestic claim against a firm who manufacture and

Resolved Question:

I have a domestic claim against a firm who manufacture and install radiators, amounting to £7,500 which I have paid for. The radiators have all been delivered and are still in their original boxes. I cancelled the installation when it became apparent that they would not fit beneath the windows but this was after the expiry of the two-week cooling off period. I have made phone calls to the company, together with e-mails and letters but have had no response whatsoever. Is this claim likely to be suitable for the small claims court or is the value of the claim in excess of that covered? Also, I am disabled so it would be really useful to me if the claim, wherever I make it to, could be made on-line. Is this possible?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long exactly after delivery, did you contact the manufacturer?

Customer: replied 1 year ago.
Two or three days.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 1 year ago.
The radiators were delivered after 16 days (ie. outside the 14 days cooling off period) and I contacted them 2-3 days later.
Expert:  Ben Jones replied 1 year ago.

Thank you. The limit for the small claims court is £10,000 so if your total value is for less than that then it would indeed go to the small claims court. The claim can also be made online, you can do this via www.moneyclaim.gov.uk and the whole process will be done via post. Eventually you may have to attend a hearing but you will get plenty of notice when this is and the court can make special arrangements in terms of access if necessary. If it is completely impossible for you to attend, you may get special dispensation not to do so and the hearing can proceed in your absence.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 1 year ago.
Hello Ben. I've started filling in the on-line form but have just discovered that the cost of submitting the claim, ie. when the amount concerned exceeds £5,000 shoots up to £410. This is considerably more than I had expected to have to pay but I would still be prepared to pay this, I think, if I am convinced beforehand that the company concerned still exists and they are not in the process of changing their name. If I was to pursue this and I subsequently found out that the company no longer existed, would I be entitled to a refund, on the grounds that the case couldn't proceed?
Expert:  Ben Jones replied 1 year ago.

Hi there happy to answer follow up questions but please remember to leave your rating for the initial advice given , thank you

Expert:  Ben Jones replied 1 year ago.

Hi do you need further assistance with this please?

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. The position on refunds is as follows:

· If you have applied to issue a claim by post, and the defendant settles the dispute before your claim is processed by the court or business centre, you will be entitled to a refund provided you have let them know that the claim should not be issued.

· If your claim has already been issued, you can recover the cost of your court fee from the defendant.

· Aside from the County Court hearing fee, no other fee outlined within the civil fees order is subject to a refund. HM Courts & Tribunals Service typically only refunds fees where the court has made a processing error, i.e. the court have processed a claim or application even though you have requested that it should not be processed.

· In instances where the court user has made an error no refunds will be approved.

· No fee refunds will be provided for claims issued via MCOL unless there has been a system error, i.e. where a fee has been charged twice.

So you will not be able to get a refund on the claim fee but if you have paid a hearing fee and the hearingdoes not go ahead then you could ask for a refund of that part.