Small claims court? Advice?

Discussion in 'Just Talk' started by dvddvd, Oct 9, 2021.

  1. dvddvd

    dvddvd Well-Known Member

    I bought some acrylic panels (2000mm x 700mm x 5mm to use to line out a walk in shower, They cost me for 4 pieces around £600.

    The website said it was suitable for the job in hand and advised using either an adhesive mastic or adhesive tape to fix them.

    I followed all their instructions and when I removed the protective film on the front you could see all the adhesive behind the panel, they were too translucent. They were supposed to be a solid colour.

    After months of arguing and trying to get a resolution, I dont seem to be getting anywhere with them.

    At first they said I should have used only tape to fix them not adhesive, so they sent me some tape to try with an offcut I had and it was still the same?

    They did offer to swap them for a different type of panel but did not have the colour we wanted. I said if the first set of panels were faulty (to translucent) I would fit the same again and in the colour we originaly ordered. But was told it would still be the same, thats what that colour is like.

    So my argument is they are "not fit for purpose?"

    Weeks went by and they then said the only way to fit the panels is screw them onto the wall which defeats the look of having sleek contempory style shower walls.

    So in the end I said ill take them to a small claims court, and pay the £75 court fees.

    Ive just gone onto the Goverment website and the first question is
    Is this claim against more than one person or organisation?

    " When i answered yes an organisation it would not let me progress anymore?

    Is a company an organisation or more than one person?

    Can you not take a company to a small claims court?

    Any advice welcombed
    Last edited: Oct 9, 2021
  2. FlyByNight

    FlyByNight Screwfix Select

    Re-read the question: Is this claim against more than one person or organisation?

    It is not saying is it against: more than one person or just one orgainisation, but more than one person or more than one orgainisation. You need to answer NO as it is against one orgainisation.

    FOr your interpretation to be correct it would say Is this claim against more than one person or an organisation?
    candoabitofmoststuff likes this.
  3. dvddvd

    dvddvd Well-Known Member

    Thanks...just me, im thick!
  4. jonathanc

    jonathanc Screwfix Select

    I know pursuing the claim you need to check the timing against the consumer rights act. I suspect you complained quick enough and the supplier did not as required prove the goods were not faulty but de facto admitted they were not by offering to supply alternatives. In which case I suggest you pursue the claim. It should be addressed to the registered office of the company in question which is on companies house
  5. Also before claiming make sure you send a final letter with the title NOTICE BEFORE ACTION. Set out what has happened, what you want resolved and that you will go to court after x days. That ensures you have a good summary for the court and that the supplier has had every opportunity before getting there.

    Martins Money is a good place for guidance on the procedure.
  6. quasar9

    quasar9 Screwfix Select

    Focus on the key aspect of your claim , in your case it’s misdescribed ( as distinct from not fit for purpose or defective/damaged ) both in terms of material and fitting instructions. All your documentation must support this key aspect.
  7. dvddvd

    dvddvd Well-Known Member

    Thanks all, would it be wise to claim for costs of fitting, removal and disposal on top of the cost of the materials?

    Also how does it work if it goes to a hearing?

    I once took someone local to court and won about an unpaid invoice but if this company is 150 miles away do they have to travel to my local county court for the hearing?
    Last edited: Oct 10, 2021
  8. jonathanc

    jonathanc Screwfix Select

    you claim for the loss you have suffered as a result of the product being faulty so potentially yes. The cost of removal abs replacement should be included. Yes I think the case is heard in a court local to you.
  9. Severntrent

    Severntrent Screwfix Select

    Consequential damage? good luck with that string.
    Try taking a leaking radiator back to your supplier to recover the cost or to have a new one supplied, not usually a problem but try asking for the cost of the plumber to take off and refit???
  10. quasar9

    quasar9 Screwfix Select

    Claiming for subsequent damage or suffering from lack of an amenity is tricky for small claims court. You may well be challenged on the fact, that you fitted it despite your initial concern that it did not appear as advertised (on closer inspection), unless you have clear evidence that the vendor reassured you that it’s appearance would match those on the website after being installed using the approved method.

    Regarding the distance of 150 miles, it’s irrelevant. If this does go to a hearing, non representation from the vendor means an automatic win for you. Many a county court cases are lost because the defendant fails to respond to court communications or fails to appear or be represented on the day of the hearing.

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