Now we've started a claim, do we bother communicating with the defendant?

[Supaman]

Or should all communication go via the court?

Quick background - we ordered a wooden greenhouse through eBay. Company delivered and built greenhouse but we noticed it's not as described (wrong size and different to photos) and poorly made.

We contacted them and suggested a 50% refund or they could come and fix the issues. They offered a 25% refund or would come and fix some of the issues (but not the fact it's too big and overhangs the base they told us to make for it).

We then noticed even more issues and decided instead to reject it altogether. At this point it was about 5 days since delivery.

The seller agreed to refund us the full amount but only once we returned the greenhouse to him and he refused to pay the return costs (not to mention the fact they they built it and we have no idea how to dismantle it). We pointed out he had to cover the costs but he kept telling us to refer to eBay's T&Cs (which also say the seller needs to pay the return costs, so not sure what he's on about).

We've written endless emails pointing out that eBay's T&Cs, as well as the Sale of Goods Act, support our position. We've sent a letter before action and finally filed our claim form for the cost of the greenhouse (£4k) and the cost of the concrete and brick base (£1.5k).

He is defending the claim and has appointed a solicitor. His defence document runs into several pages, although we can't really see any actual defence - just facts about what has happened so far. He's also offered (via the solicitor) the 25% refund again, which just seems like an admission of fault.

So my questions:

1. We've already rejected the 25% offer - do we need to reply to the solicitor? All we can do is repeat to him what we've said many, many times already and quote parts of various T&Cs.

2. His defence is very long and makes several points - do we reply to the various points? Or are these things we should wait to reply to in court?

3. If we do reply, do we need to send copies to the court? Or are they happy for us to communicate with the defendant outside of the court process?

4. We're about the return our directions questionnaire. There's no request for evidence yet. When do we provide all this (emails, photos etc.)?

5. Is there any advice on what court to choose? Or should we just choose the one nearest to us?

[ostell]

Re: Now we've started a claim, do we bother communicating with the defendant?

I presume that this is a UK company you are dealing with. You should be using the Consumer Rights Act 2015 rather than sale of goods. That gives you the right to reject within 30 days AND the supplier has to pay the cost of return within a reasonable time.

No reason not to talk to the defendant, trying to resolve matters. If you are responding to the defence then I believe you can provide a response to defence to counteract his claims etc. Copy court and solicitor.

[Supaman]

Re: Now we've started a claim, do we bother communicating with the defendant?

I presume that this is a UK company you are dealing with. You should be using the Consumer Rights Act 2015 rather than sale of goods. That gives you the right to reject within 30 days AND the supplier has to pay the cost of return within a reasonable time.

No reason not to talk to the defendant, trying to resolve matters.

Sorry, I meant the Consumer Rights Act 2015 (section 20 to be precise!). And yes, they're a UK company who trade via their own website but also via eBay. We bought via eBay thinking we'd have more help if anything went wrong...

[ostell]

Re: Now we've started a claim, do we bother communicating with the defendant?

So the regulations in force are those of the CRA. Forget about T&C for ebay or the company, the CRA takes precedence. So what is the company's stand on the 30 day right to reject? Did you also point him at section 22?

[Supaman]

Re: Now we've started a claim, do we bother communicating with the defendant?

So the regulations in force are those of the CRA. Forget about T&C for ebay or the company, the CRA takes precedence. So what is the company's stand on the 30 day right to reject? Did you also point him at section 22?

I'm not sure his issue is necessarily about our right to reject - he's offered us a refund. But it's on condition of us first returning the greenhouse to his Sheffield base (we're near London). And he's explicitly said he won't refund our costs for returning it. Not to mention the fact that we don't have the means or expertise to dismantle it safely and without damaging it.

eBay told us that, as it can't be returned by standard courier, we must make it available for him to collect and he must reimburse our costs. If the CRA takes precedence what does that say about the means by which goods must be returned? As the goods were delivered and erected by him, must he legally collect them? Or can he insist we return it to him?

Is section 22 about the seller needing to refund us within so many days once they've said we can have a refund?

The company's stand on everything is to "return it to us as per eBay's returns policy for a refund". They've told us that literally about a dozen times. They also say they have a signed delivery note saying we were happy with the greenhouse (ignoring the part where I wrote on it "not as described - incorrect size").

[ostell]

Re: Now we've started a claim, do we bother communicating with the defendant?

The CRA overrides eBay's return policy. They are suppose to arrange for collection within a reasonable time and at their cost. Respond to his defence stating the relevant portions of the CRA that you are relying, ignore ebay, on and rubbishing any other statements. Put it up up here for critique first if you want.

[Supaman]

Re: Now we've started a claim, do we bother communicating with the defendant?

Ok, thank you. We have already done this though, many many times, which is why it's ultimately ended-up with us taking him to court. When someone simply ignores what you're saying, what else can we do?

This is why I was wondering if there's any point when we've told him all this already. We're also intrigued as to why his solicitor hasn't pointed-out to him that he's in the wrong.

But in for a penny, in for a pound, so I'll get writing my response!

[Supaman]

Re: Now we've started a claim, do we bother communicating with the defendant?

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