small claims court

[shellfishb5]

advice please

Hello everyone not been on here for a while, been trying to get some advice regarding a consumer matter i have tried solicitors who advised me to speak to Consumer direct who then adviced me to contact Community Legal and they couldnt help me so can any of the clued up people on here give me some advice please.
I have been taken to court by an opticians for a pair off glasses that I ordered from Buyspecs I had to cancel order as lost original glasses and claimed on my contents insurance Direct Line insisted I use Doland opticians for replacement glasses, so I cancelled order from Buyspecs Melksham. The lense maker then took me to court so now I have to pay £190 +£70 costs, my question is I have not received a pair of spectacles only a pair of uncut lenses which are no good to me surely if I have to pay this money to the lenses maker I should be entitled to receive a pair of spectacles. Please could you advise me.

[Paule]

Re: advice please

Hi there

Is this the same case as we previously advised on

small claims court - Legal Beagles

[Amethyst]

Re: advice please

Did you defend in court ?

Have you posted this previously actually rings a bell a bit.

What were the terms of order cancellation from Buyspecs.


Ame
xx

[Amethyst]

Re: small claims court

ahhh merging threads

[shellfishb5]

Re: small claims court

PKea and Amethyst
hi yes this is the same case i was taken to court on the 14/08/2008 didnt know anything about it so didnt get a chance to defend case, went to the court and asked about why i never was notified about hearing as i wanted to defend case and they said take it up with post office as they sent a letter, i could have the decision set aside at a cost of £70 then i filled in form N245 asking to pay monthly he was awarded £190 + £80 costs i offered £10 it cost me £35 for the N245 form had a letter back saying i have to pay £48 a month which i cant really afford. My question is i have only received a pair of perscription lenses not even cut to size so i cant use them, i just wondered if as i have to pay £270 to this conman should i at least get a pair of usable spectacles out of it. I was thinking of sending the lenses back to him and asking that i get the glasses that i ordered where do i stand, i could ask him but he is an unreasonable ar*ehole

[Paule]

Re: small claims court

i was taken to court on the 14/08/2008 didnt know anything about it so didnt get a chance to defend case,

This is what is under particulars of claim

Particulars of claim

Mr **********
ordered a pair spectacles fitted with expensive special lenses. As the spectacles were being finished after 10 days he cancelled the order as the lenses had not been cut into the frame we sent the lenses to him to ask for payment. He has answered our request by stating in writing that we know where to shove our request.We reduced the amount we asked for by not charging for the frame and also by offering the lenses at a reduced rate.
Mediatiion will not work in this case.
-----------------------------------------------------------------------
My Points
lenses were varifocal not classed as expensive special lenses
When i phoned shop to cancel glasses woman in the shop didnt know if the glasses were finished, surely if they were finished then lab would have notified shop.
I dispute that the glasses were ready when i phoned, if they were finished why did it then take two weeks to post them to me.
I dispute that he offered reduced rate on lenses, when i ordered glasses i picked £70 frames the total price of glasses was £240 minus £70 for frames leaves £170 so his idea of special offer was for me to pay £190.

So i was going to return the Acknowledgement of Service form which gives me another 28 days to submit defence, as i want to dispute full amount of claim. I have written everything down on form.
What do you think my chances are with regards this matter any advice please.

You say you didnt know anything about this, but in the previous posts, as quoted,you state the POC nas well as acknowledging the claim.

I do not think we can help you any further unfortunatley, we previosuly told you as much in your initial thread.

Please have a read throught the full thread as I feel we did try to explain this to you originally.

Sorry if this isnt waht you wanted to hear.

PKea

[shellfishb5]

Re: small claims court

PKea
i didnt know court date or i would have defended it, and you still havent answered my question
should i be entitled to a pair of usable spectalces if i am having to pay

[Amethyst]

Re: small claims court

If anything Shell I would take it up with the insurance company...had they known you had already ordered replacements they could have taken that into account when arranging the replacements after the accident.

[Paule]

Re: small claims court

PKea
i didnt know court date or i would have defended it,

You answered your own question here, you had 28 days to submit a defence.

-
So i was going to return the Acknowledgement of Service form which gives me another 28 days to submit defence,

should i be entitled to a pair of usable spectalces if i am having to pay

No, you were taken to court by the person who made the lens.
You cancelled the order before the full job was completed (ie lens fitted into frames).
If you had cancelled after the full job had been completed, then you would have got a full pair of glasses and the claim would have reflected this additional cost.

Personally I would either take the lens to an opticians and get them fitted into a cheap frame, and keep them as a backup.

PKea

[Paule]

Re: small claims court

If anything Shell I would take it up with the insurance company...had they known you had already ordered replacements they could have taken that into account when arranging the replacements after the accident.

Ame, it appears that these lens, were ordered BEFORE the original ones were lost which required the replacements.

ie if the glasses hadnt been lost a new pair had already been order regardless.

Order Placed Jan08 told glasses would be ready in 14 days,
Lost original glasses 7 days after order placed
2 days placed claim with insurer so phoned optician to cancel order.

and as Cet said

Had you not lost your glasses, how were you planning on paying for the pair you had ordered and were waiting for?

[Amethyst]

Re: small claims court

ahhhhhhhhhhhhhhhhhhhhhhhhh i see blind man deaf dog

with you now