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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49811
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently won a small claims court claim under the SOG Act

Customer Question

I recently won a small claims court claim under the SOG Act for a poorly designed motherboard.

It was a contested claim but the defendants then declined to turn up at the court or send their apologies.

The motherboard was not separately priced as it was part of a bundle of items costing £370 , so I was unable to put a price on it (estimate £150).

The judge ordered the defendant to pay £340 plus costs without giving his reasons and without requiring me to return the items.

The defendant is now threatening me with a small claims court if I do not return the whole motherboard bundle (incl memory CPU, cooler fan ).

Question1: Am I under any obligation to return the motherboard (which I am willing to do)
Question 2: Am I under any obligation to reurn the whole bundle of items.
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Did they pay what they were ordered to?

JACUSTOMER-7ayis58v- :

Yes they did

Ben Jones :

If the bundle initially cost £370 and you were compensated for £340, the it is very likely that this would have covered the whole bundle, rather than individual items within it, and certainly not the motherboard alone, assuming that only had a value of around £150. In other words the court will only compensate you for the value of the items under dispute, they would not add on compensation for inconvenience, as a penalty, for stress, etc. So you have basically been compensated for the full bundle taking into account any usage costs or depreciation in value. As such, you would be expected to return the items as a bundle to the seller because you should not be refunded the value of the bundle and then also allowed to keep it as you would then be in profit and that is not what legal action would have intended.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much