General Form of Judgement or Order

[Rich.B]

Hello All,
I recently went to a small claims court as a claimant as I had work carried out by a tradesman that wasn't fit for purpose. I won the case and was awarded a refund which to my surprise was has paid so great.
At the end of the court hearing the defendant requested that the item which had been installed be returned although it was fitted over two years ago and is damaged. At the time the judge made no comment as to whether this was a legal requirement.
I was asked when the item could be returned, as I was on the spot I suggested three months as I need to replace the damaged item.
What I didn't realise at the time was the item that I needed to replace had gone up in price to nearly double of what I had originally paid when installed over two years ago. This being said I contacted the defendant before the three months had lapsed and explained that I wasn't prepared to put myself in any financial difficulty to purchase a new item just so that the damaged item could be returned.
I fully intend to replace but it won't be right now. At the hearing the defendant asked the judge what would happen if the item wasn't returned in the timescale suggested by myself, the judge commented to the defendant that as I had to wait over two years to get a resolution if this was the case then they would need to be patient.
I have now received a general form of judgement or order by the court asking me to explain why the item hasn't been returned to which I will reply to accordingly.
If anyone can give me advice on this I would be very appreciative.
Thanks.

[atticus]

If the return of the item is a term of the court order, you must comply with the order. Has the tradesman done what he was ordered to do?

You should have checked out replacement cost before the hearing.

[Rich.B]

Thanks for the reply Atticus.
I applied for a full refund of the item to which the defendant by order of the court has now paid.
Prior to the hearing I did seek advice to see if I could claim more than what I originally paid for the item but was told that I could only claim for the purchase price although naturally the cost to replace two years later would have increased.
I guess I feel conflicted as on one hand I won my claim and was refunded however I will now be punished as I will have to pay up to double the amount for a replacement all because the job wasn't carried out correctly in the first instance.
I forgot to add that the final court order stated that I should make reasonable efforts to return the item in the suggested three month period. I certainly have made efforts in sourcing quotations both on line and with local companies.
I have never been to a small claims court before so I didn't really know what to expect. I think on reflection that the judge should have made clear whether legally I had to return the item but it was left more as a general agreement.

[atticus]

Seeking a refund but wanting not to return the item smacks of cakeism.

[Rich.B]

I claimed a full refund as the item was not fit for purpose. I never mentioned that I wanted to keep the item but upon finding out the true cost to replace I require more time to do so as I felt pressured in court to provide a date to return the item.
I was trying to not go into too much detail but I am happy to do so to make things clear.
Item in question is an external garage door so it's not really possible just to say here you go take the door back and I will live with a great hole in the wall just to please the defendant who I believe is only wanting the door back as they are bitter that the court order went against them.

[atticus]

Isn't that why you agreed 3 months?

[Rich.B]

Good morning Atticus.
At the end of the court hearing when the judge ruled in my favour it was then that the tradesman wanted the door to be returned.
I suggested that three months would be long enough as I was put on the spot without giving it any thought in advance. In hindsight I should have suggested a longer period.
I appreciate your comments Atticus however it leaves me with no further knowledge.

[atticus]

Was it a term of the court's order that you return the goods? If so you must either comply with the order or apply to vary it.