Taken a well known retailer to court... and..

[soni1]

Hi guys,

I've taken a well known high street retailer to court. Put simply, I tried to return a faulty dress in store and the store refused a refund even though it was clearly faulty. The manager refused and gave me a gift card.

They said if I came a day earlier they would've refunded me - when I mentioned I had health issues (I was undergoing testing for cancer) they didn't care.

I tweeted to them, their response via email was "we don't care". So I told them I'd take them to court. They then said they wouldn't talk to me any longer.

I sent the gift card and a letter to the CEO recorded delivery outlining what I wanted or I'd take them to court.

They ignored me.

Fast forward a month ago and I took the store in question to court via MCOL. They didn't respond. I got judgement by default. I then got a call from the store and I simply said I wanted a refund. They said they'd discuss it.

Their store relations team got in involved and started emailing me. Claiming I didn't give them notice and the claim couldn't be in judgement. When I sent them proof along with my warrant of control he literally thought I was lying! He claimed I didn't even give them any proof of the fault.. even though it was literally all below in the email chain.

Now they've asked for the judgement to be set aside.. and a bar has been put on it? any idea what that means?

I've also noticed an existing case I have against a laundry company has had a bar placed on it? And a DQ was sent to them (the defendant) but not me? Any idea why a DQ wasn't sent to me the claimant?

Thanks for any help you can throw my way!

[flipflopphill]

Re: Taken a well known retailer to court... and..

Did you send the claim form to the companies registered office, as listed on companies house?

[des8]

Re: Taken a well known retailer to court... and..

Unless instructed otherwise a claimant can serve Principal office of the company; or
any place of business of the company within the jurisdiction which has a real connection with the claim.(CPR 6.9)

A bar stops you taking further steps whilst the case proceeds.

Re the missing DQ, phone the court and tell them

[flipflopphill]

Re: Taken a well known retailer to court... and..

Yes but my understanding is that the registered office of a ltd company is always a good punt because of the Murphy v Staples judgement combined with the fact that a considerable number of companies do not properly monitor their registered office address (often an accountants address) and are therefore subject to default judgments on claims they were not aware of. Doesn't Murphy v staples pretty much preclude the option to set aside on the grounds of non service.

[des8]

Re: Taken a well known retailer to court... and..

Agree
Section 725 of the Companies Act provides for service at a UK Company's registered office, but that doesn't preclude service at other locations as per CPR rules or that such service is bad service
In any event, besides convincing the court there was bad service, the defendants also have to show they have a real prospect of defending the claim