Small Claim against UK Company.

[stan]

I would like some advice as to where I stand with pursuing a small claim against a UK company as per the following scenario. I have legal protection for consumer problems via my home insurance.

The problem is that I arranged goods, which would be normally unbreakable during proper transit, ie properly packagaed and labelled. I paid the company for this delivery. When the delivery arrived, the packaging was of inferior quality (ie single thin walled cardboard box which was held together by poor thin and narrow household sellotape). The contents were so badly packed, most of the contents were broken and unusable and the packing material, I could only describe as dangerous and probably illegal.

Without going into specifics, the company involved are refusing to compensate me so I intend to take the matter further via UK Trading Standards but not sure about the UK Small Claims Court. The delivery and damage costs are below £100.

Alternatively I am just wondering if I can progress a claim via my French legal protection given the fact that the parcel was despatched from the UK but accepted in France.

[mint]

Stan, did you pay by credit card?

You might be able to claim against the card company.

 

[bettyboop]

If you paid by debit card you can also use chargeback, cant do links - just google - chargebacks.

Hope you get sorted.

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

[breizh]

Once "delivered" the goods become your property. The delivery address is (I assume) France, therefore French law applies to your claim. Enforcement would be transferred by the French court to the UK, if such was required.

It may be worth looking at the Conditions of Sale for the supplier, to see which country's courts are deemed to have jurisdiction in the event of a dispute. Maybe you'll get lucky, and they refer to English Law.

As a question: Is the chargeback on credit/debit cards a UK consumer law? I am not aware of a similar scheme on my French cards. If the card company refused to refund, on the basis that you were French resident, how could you enforce UK law to obtain a refund?  

[mint]

breizh, as far as I am aware, there were some disputes in the past about using UK credit cards abroad or for buying goods from abroad that were settled eventually.  The uncertainty was about whether UK credit card companies would indemnify you if you used the card abroad.

I believe I am right in thinking that the problem was resolved by law to state that the card companies do have to cover purchases of goods or services which the card owner buys abroad.

Now, I've not had to make any claims since I have lived in France but, whilst still in the UK, I did get back money that I paid to a car hire firm in Sardinia.

[stan]

[quote user="sweet 17"]

Stan, did you pay by credit card?

You might be able to claim against the card company.

 

[/quote]

Payment for delivery was made by Paypal, with whom I have raised a dispute. The remainder would be for the damaged goods, which I already owned when the company concerned packed and sent them.

[Russethouse]

Frankly as a trader I found Paypal all to ready to give back money to customers, so you may be lucky - My understanding is that under £100 your CC company would not be interested,  ( I have a feeling there is a regulation about it being more than one item too)

[stan]

[quote user="Russethouse"]Frankly as a trader I found Paypal all to ready to give back money to customers, so you may be lucky - My understanding is that under £100 your CC company would not be interested,  ( I have a feeling there is a regulation about it being more than one item too)[/quote]

Thanks for that. I have contacted my home insurance to see if my "assurance juridique" will cover any claim against them..or whether it is worth it.

[stan]

There are no T&Cs with this company. Their website is pretty basic, and thinking about, I would have thought that they would have something about international legalities, given the fact they claim to be a shopping delivery company serving France!

[PaulT]

If you have not gone through a Small Claims proceeding I will outline what happened when a company took the company that I work for to the Small Claims court.

The claim was in relation to a portable building that the company had supplied and there had been a number of defects etc and money was withheld.

The claim was heard with the two sides sitting on opposite sides of a small table and the judge at the head. On our side we had the architect who was involved with the project. The judge stated that expert witnesses were not normally allowed but allowed it this time.

The other side stated their case. We stated our case. There were questions from the judge and some more discussions and then the judge made a judgement.

It was a little surreal - just needed some drinks on the table and we could have been in a pub.

Obviously, if one side had not turned up then judgement would have been made against them.

An interesting experience and one that should the need arise I would be quite happy doing personally.

Paul

PS best of luck