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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11196
Experience:  Senior Associate Solicitor
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I would like to ask a question regarding situation which

Customer Question

Hi..I would like to ask a question regarding situation which happened to us.
JA: Where is this? It matters because laws vary by location.
Customer: It is about service..our tv was collected from a company which refurbishing TV's. eter Shaw collected our TV(SAMSUNG 55") for repair on 2nd August. In case of TV being unable to repair (Peter stated that but we already chatted with provider and provided agreed to exchange it as our guarantee was approved ) we wanted to collect our TV. We said that we want our TV back and it doesn't matter what we want it back. Our TV was disposed within days without any notice and our permission in just few days 08.09 he said it is disposed as it was unable to fix it. We do have a receipt that items deemed impossible for repair will be disposed of 30 days after notification unless collected, but we did not gave any approve for it and wanted to collect our TV. Finally Peter agreed he did a mistake and offered us to BUY another TV from him while we wanted to refurbish our 1.8k TV. So we was not sure is he is a TV handyman or seller? When we asked what TV he said SONY…. Just image you brought your car for fixing and when you coming to collect it they say "Oh. It is how it is your car been disposed, I can offer you to buy from me another car which you know NOTHING" Should count that a a stealing as he disposed our TV, and what I need to do in this case?
JA: What steps have you taken so far?
Customer: We just emailing each other. He have his side and we have our side. I feel that we a right about our position.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No.
Submitted: 7 days ago.
Category: Law
Expert:  JimLawyer replied 7 days ago.

Hi, this is Jim, one of the experts on Just Answer. I’m sorry to hear of the problem and will do my best to resolve your issue today. Please feel free to ask me anything to clarify the answer.

You are covered by the Consumer Rights Act 2015 - the service must be carried out with reasonable care and skill, and it needs to be "as described". The company has now disposed of the TV meaning you should sue for the cost of the TV.

I would recommend that you send the company a formal letter before action to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards (who can be contacted on 03454 040506).

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed (if suing a limited company), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation. I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 7 days ago.
Thank you for your answer. I would like to ask about of the claim.How that will be calculated? TV is not for sale on the market anymore. We have a receipt that is 5 years old but it's not on my name. Can we use that as amount to claim?
Expert:  JimLawyer replied 7 days ago.

So the court will not award you a sum for a brand new TV - you would ideally need two or three similar-spec TV's on the used market, eBay for example, to give an indication of the likely true value of the claim. The receipt can be used as proof of purchase, yes. But you would need either a shop's estimate of the value of your TV, or some marketplace listings for second hand TVs either the same model and spec as yours, or one which is close.

Expert:  JimLawyer replied 7 days ago.

I hope that's OK, when you have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim