"Rick Hughes" wrote in message
...
You might remember I posted details of an item I bought from Machine Mart
(combined magnifier & Fl light) it was useless, quality of magnifier lens
was so poor everything was out of focus.

Took it back the next day ... as I had 'opened the box' they would only
give a Credit Note.

Next time I went to buy (£50 ) took Credit note to pay ... to be told
credit note expired.
In the very small print there was a date limit ... certainly not mentioned
by the shop at the time.


I tried multiple approaches to MM ... all rejected, so followed
suggestions here and submitted a Small Claims Court write ... for value of
goods.


Their defence is the terms of credit note were written on it, and they
therefore dispute the claim.
They have issued a counter claim ... where they are claiming £380 damages
for "Transport to and from court, & time away from the office"

You weren't obliged to accept a credit note but having done so you have
waived your rights to compensation or replacement of the original goods.
Lack of knowledge of your rights under law is not the court's problem or in
fact the seller's. As to the small print on the credit note, again you
should have read it carefully first. I'm afraid you therefore don't have a
claim against them.

I suggest they may well succeed for reasonable out of pocket costs against
you although time away from office is not normally something allowed in the
Small Claims track.

I would think carefully about continuing with this. So far all you have lost
is the filing fee if you discontinue the claim.
--
Dave Baker