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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12027
Experience:  Senior Associate Solicitor
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I bought a PIVO which is supposed to track me riding and

Customer Question

Hi. I bought a PIVO which is supposed to track me riding and film. It doesn't work correctly and fails to film for more then 2.5 minutes. I told the company I want my money back as its not doing what it says on the tin. They told me different settings etc. Tried them all, send proof of it. Its still not working. Told them its not fit for purpose but they refuse to let me return for a refund. I had it more then 2 weeks but I don't want to return because I simply changed my mind, I would love it if it would work. How can I get them to give me a refund and send it back?
JA: Where are you? It matters because laws vary by location.
Customer: West Berkshire, uk
JA: What steps have you taken so far?
Customer: What I just described, I have only had written contact over Facebook to them
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 20 days ago.
Category: Law
Expert:  JimLawyer replied 20 days ago.

Hello, this is Jim, thanks for the question.

It certainly sounds like the item is not "as described" and not "fit for purpose", so in breach of the Consumer Rights Act 2015. Luckily, the law gives you strong protection against a business and you can of course demand your money back. You can use the courts unless they refund you - whether they do or they don't accept a refund is their issue.

I would recommend that you send them a formal letter before action to demand a refund within 14 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 0808(###) ###-####.

You will need to register at 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 (details of the money claim fees are listed here at page 5: 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 are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

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, please feel free to ask any follow up questions.


Expert:  JimLawyer replied 20 days ago.

Hi, I'm just checking to see if you need any more help with the question. Or if I can clarify anything regarding my answer. If so, please do let me know.
Many thanks,