Small Claims Court Costs

[loring]

Hi
I have advised a friend to go to the small claim court in order to get a refund on a faulty gas cooker to which the local council gas safety officer has stuck a notice stating the appliance in unsafe to use, Currys ignore her request for a refund or an exchange. She is worried about going to the small claims court in case she loses her case and has to pay costs to Currys. Is there any limit on the court costs she could be liable for.
I would appreciate any information on this.
Thanks
loring

[Never-In-Doubt]

Re: Small Claims Court Costs

costs are payable by each party at small claims, she would only pay her own....

[Never-In-Doubt]

Re: Small Claims Court Costs

Here you go....

--> PART 27 - THE SMALL CLAIMS TRACK - Civil Procedure Rules

Check part 2

[SXGuy]

Re: Small Claims Court Costs

Can we ask, has every avenue be exhausted at Currys?

Did you go in store and speak to someone? if so who? have you spoke to a manager?

What was their reason for not giving you an exchange or replacement?

How long have you had the appliance?

Are you still within your garentee?

Im certain that under EU law you have 1 year standard warrently with any item, regardless of what they tell you.

If you could answer these questions we may be able to help get it sorted without the need for small claims.

[PlanB]

Re: Small Claims Court Costs

go to the small claim court in order to get a refund on a faulty gas cooker to which the local council gas safety officer has stuck a notice stating the appliance in unsafe to use, Currys ignore her request for a refund or an exchange. She is worried about going to the small claims court in case she loses her case and has to pay costs to Currys. Is there any limit on the court costs she could be liable for

Did the gas safety officer say why the cooker is unsafe to use - is the actual appliance faulty or was it installed incorrectly by the fitter which could cause a gas leak from the cooker if used but the appliance could be in perfect conditon?

Whether it's Curry's fault (faulty goods) or the gas fitter (faulty service) it may make sense to refer this to your friend's local Trading Standards department first and they may take up the complaint and sort this free of charge and more swiftly than the Small Claims Court which has a 30 weeks timetable (if defended). The Trading Standards officer will be relying on the Sales of Goods Act and may even write your friend a letter quoting the law which you can show to Currys to *progress* the complaint.

[loring]

Re: Small Claims Court Costs

Thanks for all the responses on this thread.
The story of the cooker is as follows;

It was purchased 17 months ago but was not installed till May / June 2012. After about 2 months whilst the oven was being used the glass oven door fell out and splintered into about a million pieces, no one was in the kitchen at the time but they heard a noise and found the glass all over the kitchen. The lady tried to get Currys to exchange the cooker or give her a refund, Currys refused and sent an engineer to inspect the cooker and they ordered a new glass door which was fitted around 2 weeks later.

Two months later the casserole dish blew up in the oven and as you can guess that made a right mess, Currys did not want to know and would not even come to inspect the oven. The lady again tried to get her money back but Currys said no.

About a month after this 2 of the gas control knobs on the hob stopped functioning, they just turned round and round and the lady never knew if the gas was on or off, obviously she could have lit a match to find out but decided that was not the best idea, so she phoned Currys and complained and again requested they take the cooker away and give her a refund. They agreed to send an engineer to carry out a full inspection, but when he turned up he told the lady he had not been requested to carry out an inspection he was just there to try and fix the control knobs. The lady told him not to bother as she has had a lot of trouble with the cooker and wanted a refund, the engineer stated she was entitled to an exchange or a refund.

Two months later the other 2 knobs on the hob also stopped functioning just like the first two.

The council gas inspector was doing his yearly check on the gas appliances in her home recently, he checked the cooker and stuck a notice on it saying unsafe appliance, Do Not Use.

When the lady complained to Currys they said the cooker is out of warranty and she will have to pay to get it repaired.
She has always put her complaints to Currys by telephone and followed up with a letter, but they never respond to her letters , only telephone calls.

The lady tried to get her credit card company to refund the cost of the oven but they say her request was outside their 120 day period for refunds and she has to deal with Currys.

She is thinking of going through the small claims court but is a bit unsure if she would be successful.

Appreciate any further comments, should she send a Letter Before Action and give them 28 days to sort things.

[finechina]

Re: Small Claims Court Costs

I have also had bad experiences with Currys. A washing machine I bought a few years ago was installed backwards, with the hot water attached to the cold water pipe and vice versa. When I made an appointment for their engineer to fix it, and took a day off work, no-one turned up! Eventually a friend of mine who has knowledge of plumbing, etc. fixed it for me.

A fridge I bought from them in 2007 broke down after just 2 years, by then it was out of warranty and I had to buy a new one. They are not the best, I wouldn't recommend their service either, and they are always trying to push their extended warranties.

[The Tech Clerk]

Re: Small Claims Court Costs

I have also had bad experiences with Currys. A washing machine I bought a few years ago was installed backwards, with the hot water attached to the cold water pipe and vice versa. When I made an appointment for their engineer to fix it, and took a day off work, no-one turned up! Eventually a friend of mine who has knowledge of plumbing, etc. fixed it for me.

A fridge I bought from them in 2007 broke down after just 2 years, by then it was out of warranty and I had to buy a new one. They are not the best, I wouldn't recommend their service either, and they are always trying to push their extended warranties.

How Currys are stil in business I do not know? the above is so common it is an everyday ocurance, the old Currys which was just a town centre shop (small) was the best in those days along with Stone & Co etc.

[Pixie]

Re: Small Claims Court Costs

Sorry in advance for all the questions

Does your friend still have copies of the letters sent/phone bills showing the calls made to Curry's? Any record of when the cooker was fitted - the installation engineer's invoice perhaps? Was it installed by a Gas Safe registered engineer? If it wasn't then it would give Curry's a very good excuse not to pay up, even though it would seem that it's the cooker itself that's faulty not the installation.

Has she thought about getting in touch with Watchdog (or at least threatening to)?

Has she got in touch with Trading Standards as suggested by Plan B?

[SXGuy]

Re: Small Claims Court Costs

I had trouble with Currys also, flat screen LED 3D tv, broke after 7 days, they had no replacement to give me, wanted to give me another tv that was more expensive, wouldnt take any money off the price, and even wanted to charge me for delivery!

I said, why should i pay more, and pay delivery when it was your item that broke and not my fault? they just shrugged their shoulders.

I ended up getting a full refund and going elsewhere.

[loring]

Re: Small Claims Court Costs

Hi Pixie
All the paperwork and letters are available along with dates and times when she phoned Currys. The cooker was fitted by the council gas engineer so they hold the installation certificate.
She spoke to Trading Standards they just told her to ask Currys for a refund.