Small claims hearing this week - any advice would be welcome

[andrew3223]

Quite simply - made a large purchase from this company. They advised in terms and conditions that refund of the purchase would be made within "14 days on receipt of returned goods" and also would be done "immediately if I contacted them with tracking info for the return."

Well it turned out I had to return the goods, as money was needed for a holiday.

Contacted them immediately and sent the tracking info.

Email correspondence the following fortnight shows that I warned them refund was needed ASAP as my holiday was nearing.

Refund took 19 days in the end.

I have a recording of a call with their staff admitting it should have been done as soon as I sent the tracking info. They also apologised in an email for the lateness.

I had to litigate as the holiday was ruined due to lack of spending money because of this mess.

Defense states refunds take up to 14 BUSINESS DAYS, so obviously what is written on their website is incorrect, but there is no disputing that it is there.

Also stated they had no way of knowing I was relying no the funds for my hols, but I have copies of the emails they responded to which clearly show I made them aware a week before the refund was technically due i.e. 14 days after.

I just wanted to ask you all if you could help me with the technical / legal specifics of this. What are the precise grounds?

I am suggesting, I think, that there was a breach of contract, and that they cannot claim remoteness as I communicated clearly what the money was needed for and that I would hold them responsible for the resultant loss of opportunity if I did not get the money back as expected.

[islandgirl]

You have the refund. Goods returned but not faulty. Refund was a few days late but was sent - the company has no duty to consider your holiday funds or the lack of them. I think you would have no chance of winning but others may think otherwise!

[Pezza54]

IMO you do not have a strong claim
Even if you were to win your claim for breach of contract (money refunded in 19 days, not 14 as the terms of the contract), you would only be entitled to direct loss.
Claiming that you had insufficient spending money for your holiday is indirect loss
I suspect somewhere in the supplier's contract terms, indirect loss resulting from breach of contract is excluded

[andrew3223]

Does it not become a direct loss if I tell them "refund me as you are contracted to or the results of not having this 2K is that I am going to have my upcoming holiday ruined" ?

[Pezza54]

Unfortunately no
Had you told the company, at the time the contact was formed, about your possible return of the goods to fund your holiday, the company would have had the opportunity to refuse the sale
And advise you to wait until after you holiday to see if you could still afford the goods

Your direct loss for a potential breach of contract is 5days/365 days x 8%p.a. x £refund

[islandgirl]

Does it not become a direct loss if I tell them "refund me as you are contracted to or the results of not having this 2K is that I am going to have my upcoming holiday ruined" ?

I agree with Pezza54 - not having sufficient funds for a holiday is not linked to this issue at all and a red herring in my book

[atticus]

I agree. My opinion is that your claim is weak.

[echat11]

Did you ask for the refund to fund the holiday? Some real issue with the product?

https://www.businesscompanion.info/f...hings-go-wrong

[atticus]

I suggest that it is beyond doubt that at the time that you entered into the contract with this defendant - this being when you purchased the goods - the defendant had no way of knowing that you would need a refund to give you spending money on your holiday.

[andrew3223]

I suggest that it is beyond doubt that at the time that you entered into the contract with this defendant - this being when you purchased the goods - the defendant had no way of knowing that you would need a refund to give you spending money on your holiday.

I told them one week before the last day they had to send the refund that this refund was being used for said holiday. I also gave them the return tracking number. It proved the item was received back a week previously.

I also have proof from their own website and from a taped telephone call with them that they process refunds within one day after customers contact them with the tracking number for a return.

So I chased up the refund, and notified them the money was being used for my hols.

Despite knowing this, they failed to do what they were contracted to do.

[atticus]

You have missed my point. Read again what I wrote - repeated again with emphasis on the key point - and think how exactly you will counter that argument if it is made.

I suggest that it is beyond doubt that at the time that you entered into the contract with this defendant - this being when you purchased the goods - the defendant had no way of knowing that you would need a refund to give you spending money on your holiday.

But you are where you are and have little further to lose, so I wish you all the best in this week's hearing.

[islandgirl]

I told them one week before the last day they had to send the refund that this refund was being used for said holiday. I also gave them the return tracking number. It proved the item was received back a week previously.

I also have proof from their own website and from a taped telephone call with them that they process refunds within one day after customers contact them with the tracking number for a return.

So I chased up the refund, and notified them the money was being used for my hols.

Despite knowing this, they failed to do what they were contracted to do.

Surely this cannot be a genuine claim? To sue a company because they refunded money a few days late and you had to eat cheaper food rather than feasting on the best the destination had to offer? Fish and chips not fillet steak? If it is a genuine claim I look forward to a report of the outcome in due course...

[echat11]

This is aside to OP's post. I once worked with a chap who carried a brief case to work. There was 'no rhyme or reason for him to do so', the job didn't involve carrying documents. But at lunch in the canteen a brief case was produced, the brief case was opened via combination lock. The opening revealed 'sandwiches', the mystery was solved.

[andrew3223]

So I have a total of five chats/call transcripts from the weeks before the last day that refund was due, all in which I state that I am going on holiday, I need the funds, and not being able to make sense of where this money was as according to the terms and conditions it should have been refunded weeks previously.

The repercussions of not having this 2K were serious - I had to change my flight to come home a week early, and ended up staying in the worst hotel you can imagine for the final three days, as I had to cancel the original booking.

[Pezza54]

It is difficult to believe that a company would provide a full refund for expensive returned goods without the chance to check them (immediate refund when given tracking info)
Too many untrustworthy customers would take advantage of this term in the contract