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Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.
I am sorry that you are facing a potential dispute with a retailer but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.
Who purchase i.e. paid for the product; you or your company?
What was the date of purchase and the date of return?
This is a business-to-business transaction then and the consumer protection regulations do not apply.
You can claim for a refund in breach of contract and breach of the sale and supply of goods and services legislation.
How much was the price of the goods?
You have a claim in breach of contract and breach of the sale and supply of goods and services legislation against the supplier of the goods. The Defendant was under a duty in contract law and statute to provide you with a product and service that was fit for purpose, of reasonably satisfactory quality and matched the description at the point of sale. Your damages will be a refund on the purchase price, plus additional costs of rectifying their defective work through another supplier.
You should send a letter of claim to them. There are plenty of free templates online and the consumer protection advice magazine/website “Which?” has a useful template which you can adapt to your claim.
If they do not reply with their reasons for disputing the claim within 21 days, you should issue court proceedings via the Government’s Small Claims Track Online System.
The issue fee depends on the total damages being claimed. If you issue online, the court issue fee ranges from between £35.00 for a claim worth up to £300.00 damages, up to £455.00 for a claim worth between £5,000.00 and £10,000.00 damages. The Small Claims Court Online Portal will advise you on the fee when you come to issue your claim, but you may check the Government’s Court Fee advice booklet EX50 at PDF page 5/21 accessible at the following link.
A party cannot normally recover solicitors’ costs on the Small Claims Track. However, it is designed for non-lawyers (known as “Litigants In Person”). The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.
I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.
I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.
Thank you for the positive feedback. :)