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CleanClear

  • Posts: 14669
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #20 on: October 28, 2015, 09:14:59 pm »
It appears you ordered  non-standard goods ( normally non-returnable) which were not delivered within a previously specified time limit. Have you a written contract for this?
To be honest nobody has learnt anything.

The OP says................


After agreement was made to cancel the order and refund me in full ( which I have in black and white)
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Rich Wilts

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #21 on: October 28, 2015, 09:24:41 pm »
I am warning others so they don't get the hassle that I am having.


But we don't know who you are warning us about as you haven't told us. We're just as uninformed about this company as we were this time last week.

Smudger

  • Posts: 13436
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #22 on: October 28, 2015, 09:30:09 pm »
Russ - I'm not saying you are telling porkies, but TBH the thread is a bit pointless without knowing who has your money...

If your story is 100 % correct then the company involved can not do anything to you ( and as said wont have the tens of thousands to take you to civil libel anyway ) this isn't a crown court case so again mentioning the company name will not effect your claim.

All I say is before naming names, and I'm keen to know (nosey busybody that I am) is you have defo given them opportunity to sort this issue out, if they haven't - shame them !!!

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

russ_clark

  • Posts: 923

Smudger

  • Posts: 13436
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #24 on: October 28, 2015, 09:56:26 pm »
There was me thinking you were dealing with a proper supplier 😝😝😝

Well good luck, I hope to see a post soon that you have got your cash back

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #25 on: October 28, 2015, 10:04:35 pm »
Have to agree with you  ::)roll ::)roll

Smurf

  • Posts: 8538
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #26 on: October 28, 2015, 10:29:56 pm »
Just out of curiosity what is brodex full trading name as registered at companies house?

8weekly

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #27 on: October 28, 2015, 10:34:28 pm »
A little tip.. don't use recorded or signed for delivery. They  can refuse to accept it, it could take a couple of weeks to come back, you will have wasted your money  issuing proceedings. Use standard first class post, you then come under the "posting rule". It says that the instant you put it in the letter box the letter has been sent and received.
You can also use e-mail.
Bullpoop.

He's correct. The only thing i'd add is to get a "proof of posting" slip from the post office when you send it first class. Its all in the Civil Procedures rules for serving documents etc.. You don't have to prove or show they got it, just that you sent it. And thats it, its deemed served.
Not without proof he sent it.

CleanClear

  • Posts: 14669
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #28 on: October 28, 2015, 11:00:09 pm »
Not without proof he sent it.

I won't argue with you. But the civil procedure rules explain it very clearly for anyone interested. What that said and you said was bull crap, you where wrong. If you say in your statement you sent it and you have a copy, its deemed sent, end of story. There's no need to prove anything. Also, like he said, email is an acceptable method of communication too. Anyway...................

Just out of curiosity what is brodex full trading name as registered at companies house?

Water Sciences Ltd.    And you'll find the gaffer no stranger to the London Gazette, thats the politest i could put it !!  ;D

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Smurf

  • Posts: 8538
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #30 on: October 28, 2015, 11:29:22 pm »
Not much hope of a cash refund then by the looks of it as the crafty begger still ship the goods after you cancelled the order  ???

15.Refunds for equipment will only be made when:-
a)      The goods have been returned

b)      Assessment has been made and deductions applied for wear & tear, damage and general condition

c)      20% restocking charge applied if goods are 100% resalable

d)      100% refund is made via credit note only

Pete Thompson

  • Posts: 960
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #31 on: October 28, 2015, 11:37:53 pm »
If I were you I'd do whatever you're going to do fast. 

Brodex seem to go into liquidation approximately every 6 months, thereby voiding any warranties, sales and other obligations.  (Shame if you just paid a deposit)

With "Water Sciences Ltd" they must be onto their 5th or 6th company now.  I'm amazed that sean burke bloke hasn't been disqualified from being a director by now.

Rich Wilts

Re: would you take supplier to small claims court or apply for CCJ?
« Reply #32 on: October 28, 2015, 11:41:17 pm »
Im thinking you're not going to be seeing any of that again.

CleanClear

  • Posts: 14669
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #33 on: October 28, 2015, 11:45:08 pm »
Not much hope of a cash refund then by the looks of it as the crafty begger still ship the goods after you cancelled the order  ???

15.Refunds for equipment will only be made when:-
a)      The goods have been returned

b)      Assessment has been made and deductions applied for wear & tear, damage and general condition

c)      20% restocking charge applied if goods are 100% resalable

d)      100% refund is made via credit note only

Well i wouldn;t like to second guess the OP's exact case here, but the very relevant part, and the cause of his concern is this..........After agreement was made to cancel the order and refund me in full ( which I have in black and white)
At which point it should of not been delivered. But it was, not through any fault or order of the OP, but actually against his instructions and agreement. The websites terms will largely be irrelevant in any case for a few reasons i'd guess so i wouldn't pay them to much  attention. There's already extensive legislation around consumers act, distance selling etc..but the important point is the above in italics.
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CleanClear

  • Posts: 14669
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #34 on: October 28, 2015, 11:51:54 pm »
What would be your next step?

Tell him you'll sell the debt on to someone closer to him and take a hit on some of the cash if he doesn't settle with you.  ;D
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russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #35 on: November 04, 2015, 04:46:16 pm »
After sending them a final letter by signed for post stating they have 7 days to refund or I will take legal action
I heard nothing.
7 days up today so gave them one last call and told them 5pm today for full refund or I will instigate CCJ.
Was told the sales manager had left and they were short on ground as per normal .
They asked for my Bank details and refund has been made !!!!!!!!
ABSOLUTELY HORRENDOUS CUSTOMER SERVICE
BRODEX -WATER SCIENCE LTD you should be ashamed of yourselves.

p1w1

  • Posts: 3873
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #36 on: November 04, 2015, 05:09:27 pm »
glad you got your money back...with all these good suppliers out there now how anyone can use Brodex is beyond me used them once many years ago and never again. still receive texts off them with there so called amazing offers.

Spruce

  • Posts: 8459
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #37 on: November 04, 2015, 05:45:09 pm »
glad you got your money back...with all these good suppliers out there now how anyone can use Brodex is beyond me used them once many years ago and never again. still receive texts off them with there so called amazing offers.

Me too!
Success is 1% inspiration, 98% perspiration and 2% attention to detail!

The older I get, the better I was ;)

russ_clark

  • Posts: 923
Re: would you take supplier to small claims court or apply for CCJ?
« Reply #38 on: November 04, 2015, 06:14:28 pm »
Agree with you guys never ever again!
Have left the appropriate feedback on their FB page
Hope it stops others unwittingly dealing with the cowboys!!