Small claims court - identifying defendant

[Guest]

Hi,

I purchase an item from a well known second hand goods retail website, whom I paid directly.

I haven’t received said item, the courier has failed to provide proof of delivery.

The website where I purchased the item from I have a complaints procedure which I have followed.

The store that owns the particular item which I purchased, is a franchise.

I received correspondence from the management of the store, explaining that they would not refund me because they believe the item to be delivered.

I contest this, and as such have taken a court claim up with the retail website.

The company claims that all stores are franchise owned and therefore they are not the defendant, the franchise owner is. However, I paid the named website directly, on my bank statement it says it was paid to them too, not the franchise owner.

As far as I’m concerned, I purchased the item through the website, and my claim is with the large retail company, not the individual store owner.

This is their defence in county court, of course I don’t want to proceed with this if they are not liable, however is this just their way to squeeze out of it and hope I close it?

[des8]

It would help if you named the website so we can check its Terms & Conditions

[Chino12]

It would help if you named the website so we can check its Terms & Conditions

cash converters uk.

https://www.cashconverters.co.uk/sho...and-conditions

I am OP

[R0b]

Sounds like they're trying to fob you off.

At the beginning of those T&C it clearly states that:

"The services available at http://www.cashconverters.co.uk and all other Cash Converters Online Site urls are provided by Cash Converters (UK) Ltd (“Cash Converters”, “we”, “us” or “our”), located at, Innovation House, Aston Lane South, Preston Brook, Cheshire, WA7 3FY."

So long as your claim is against Cash Converters (UK) Ltd, I can't see how they can say they are not the defendant. The only reference to a franchise is where they talk about how they use your personal information. Nothing says that when you purchase through the Cash Converters Marketplace, you are contracting directly with a franchise store.

Have they just recently file the defence? If you haven't filed your directions questionnaire yet, then you can file a reply to defence and respond to that point mentioned in their defence, and I'd like to see them wriggle out of it - just in case they do try to change their terms and conditions I've archived that page using the wayback machine (link here).

However, to avoid any argument or doubt, I would print out those terms and conditions and reference them as an annex them to your reply, that way there's no dispute.

[Chino12]

Sounds like they're trying to fob you off.

At the beginning of those T&C it clearly states that:

"The services available at http://www.cashconverters.co.uk and all other Cash Converters Online Site urls are provided by Cash Converters (UK) Ltd (“Cash Converters”, “we”, “us” or “our”), located at, Innovation House, Aston Lane South, Preston Brook, Cheshire, WA7 3FY."

So long as your claim is against Cash Converters (UK) Ltd, I can't see how they can say they are not the defendant. The only reference to a franchise is where they talk about how they use your personal information. Nothing says that when you purchase through the Cash Converters Marketplace, you are contracting directly with a franchise store.

Have they just recently file the defence? If you haven't filed your directions questionnaire yet, then you can file a reply to defence and respond to that point mentioned in their defence, and I'd like to see them wriggle out of it - just in case they do try to change their terms and conditions I've archived that page using the wayback machine (link here).

However, to avoid any argument or doubt, I would print out those terms and conditions and reference them as an annex them to your reply, that way there's no dispute.

Thank you, I really appreciate your help there.
Yes, they filed their defence yesterday.

This has been allocated to the small claims track, and on the form it doesn’t give an area for a rebuttal.

While I try and work out how to upload the aforementioned T+C, is it worth emailing them directly to try and get my refund in the meantime? Or does this undermine my position?