How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73393
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I sent a vax carpet cleaner back which was under guarantee I

This answer was rated:

I sent a vax carpet cleaner back which was under guarantee I sent it to the vax factory. They claimed they did not receive this and asked for proof of postage. I have sent them this and it was signed for by a mr Moore. They are not answering letters or e mails. The product cost £250 which I have a receipt for. Is it worth me taking them to a small claims court many thanks Andrew Witham
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the Uk and returned the product to the uk vax factory.
JA: What steps have you taken so far?
Customer: I have sent numerous e mails and letters. I have sent proof of postage and who signed for it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: it is a simple case I think and I am sure they will respond to a solicitor

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Have you approached the courier to ask where exactly it was left? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 days ago.
It was delivered by Royal Mail barcode ref fwg19465911gb. It was signed for by a mr Moore the post office validated the address as well

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Your rights will very much depend on whether the parcel was actually delivered to the correct address and it was taken in by the intended recipient. If it was not, then you will have to pursue the courier, rather than the seller, but if it was successfully delivered to the seller, then your rights are against them and if they refuse to acknowledge your return or resolve a refund/replacement/repair, as required, you can consider pursuing them for compensation.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.