Suing Trading Standards for Inaction

[natweststaffmember]

Re: Suing Trading Standards for Inaction

was it cancelled within 7 working days of receipt?
Did you receive a response to your email?
Did you show the email to TS?

[Amethyst]

Re: Suing Trading Standards for Inaction

Okay in that case we really need to see the exchanges between yourself and TS.

You will have to show to the court you have tried to resolve matters.

[natweststaffmember]

Re: Suing Trading Standards for Inaction

TO clarify, you cannot sure Trading Standards because you do not like the way they have handled your complaint. You can complain to the local council but if you want recompense then it is against the retailer where you go. For example, if the FOS adjudicate against you in a financial matter you still have the right to sue the company against which the complaint is made.

[3guesses]

Re: Suing Trading Standards for Inaction

Amethyst:

The correspondence with TS amounts to about 30 emails, and I am pursuing the matter through their complaints procedure. Once that is concluded there are no more avenues for me to explore except court action.

nattie:

Why can I not sue TS for being negligent in their duty to enforce consumer protection legislation? Why can I not use the courts to direct TS to perform their stated duty?

[Amethyst]

Re: Suing Trading Standards for Inaction

Amethyst:

The correspondence with TS amounts to about 30 emails, and I am pursuing the matter through their complaints procedure. Once that is concluded there are no more avenues for me to explore except court action.

What other efforts have you made to obtain a refund?

nattie:

Why can I not sue TS for being negligent in their duty to enforce consumer protection legislation? Why can I not use the courts to direct TS to perform their stated duty?

You can, it will be extremely costly. We need to know what the final response you received from TS was.

[Paule]

Re: Suing Trading Standards for Inaction

If it was me, I would be more concerned in getting my money back from the supplier first
then when that's sorted deal with Trading Standards.

Because all the while you are chasing TS, the time line is increasing between you and your purchase date.

[3guesses]

Re: Suing Trading Standards for Inaction

nattie:

Before taking the matter to TS, I was in lengthy correspondence with the retailer, pointing out their obligations and quoting the relevant parts of the DSR legislation. Their point blank refusal to comply left me with no choice but to refer the matter to TS, who then proceeded to refuse to do their job. If the TS complaints procedure does not result in TS reversing their decision, how else do I force TS to do their job without taking the matter to court?

Why would it be costly to take the matter through the Small Claims Court? And all costs would eventually be paid anyway.
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PKea:

The whole point of chasing TS is to get them to get the retailer to refund my money!

[Amy]

Re: Suing Trading Standards for Inaction

Why would it be costly to take the matter through the Small Claims Court?

See post #5. Unless you are suing for an amount of money it won't be a small claims case.

[3guesses]

Re: Suing Trading Standards for Inaction

Amy:

Yes, I would be suing TS for the time I have spent futilely trying to get them to do their job. As a result, I would also seek exemplary damages to deter them from failing to perform their duty in the future, and I would also ask the court to direct them to perform their duty in my specific case.

What is a Part 8 claim?

[Amethyst]

Re: Suing Trading Standards for Inaction

Did you pay for the item by credit / visa debit card?

[Paule]

Re: Suing Trading Standards for Inaction

Ok, if you manage to get TS to court for breach of their responsibilities, that will be the result, the court wont do anything about the case of the refund.
As others have posted, it wont be a monetary claim and will be Fast track leaving you open for costs, which, bearing in mind what they do, TS will have good solicitors behind them who wont be cheap.
If you then win, you will then still have to go back to claiming the refund from the supplier, who, if they dispute a simple return, may not be around by then.

So your case against TS could take 6 months plus all legal fees, which you may not get back even if you win.

Then you have to go through the process again of getting the refund from the supplier.
Long way to go about things if you ask me.

If you want help dealing with the supplier, then we can help, but if you're hell bent on trying to take TS to court, then I doubt that we could help you with that as I dont think anyone on the forum has ever come accross someone doing that, but I may be wrong, and feel free to correct me.

PKea

[Amy]

Re: Suing Trading Standards for Inaction

A Part 8 claim is a claim where you are not suing for an amount of money. For example when we sue the bank we sue for our charges back - money that we have actually lost; something tangible.

Part 8 claims are not money claims and therefore will be treated as multi-track claims, which means, expense. Unless you know how you are going to go about making this claim a claim for money from Trading Standards?

You have not lost anything tangible so that is why the advice is against suing Trading Standards and instead suggesting that you pursue the retailer who now has a computer and your money.

[WendyB]

Re: Suing Trading Standards for Inaction

Amy:

Yes, I would be suing TS for the time I have spent futilely trying to get them to do their job. As a result, I would also seek exemplary damages to deter them from failing to perform their duty in the future, and I would also ask the court to direct them to perform their duty in my specific case.

What is a Part 8 claim?

Forgive me if this is a stupid question, but if TS are so rubbish at their job, and you obviously have a good knowledge of the law etc, why don't you just do it yourself, sue the supplier and cut out the middleman. As you seem to have a very good knowledge of the law and DSR, seems to me you would do a good job of it and cut out the stress of dealingwith TS.

[natweststaffmember]

Re: Suing Trading Standards for Inaction

3guesses can you post up the letters that amethyst asked about please.

[3guesses]

Re: Suing Trading Standards for Inaction

Amethyst:

By credit card. I am aware that the Consumer Credit Act makes the credit card provider jointly liable, but that doesn't address the issue that TS have refused to do their job.