On Wednesday 14 August 2013 13:15 Rick Hughes wrote in uk.d-i-y:

On 21/04/2013 19:28, Rick Hughes wrote:
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"


OK ... Small claims court hearing was today ...

Judge ruled simply on point of Law that as I had accepted the Credit
note I therefore accepted the T&C's for them.
There is no need for them to be explained.

The fact that it was returned as 'Unfit for purpose' entitled me to a
refund, and Judge advised I should have pushed for that, accepting the
Credit note was my undoing.
Therefore he dismissed my claim.

The Judge did however make a statement that Machine Mart could have
dealt with this simply and amicably, and retained me as a customer, for
much less cost that coming to court.

Machine Mart then asked for their Travel Expenses to be awarded (£380)
... this was rejected in full as they could have sent local branch
manager. Machine Mart were not happy about that.
I feel slightly better that at least they did not get that.


However be warned ...
They have no duty of care to explain time limits on a Credit Note.
The can offer a credit note (even when you are entitled to refund) if
you accept it, you accept conditions that go with it.


Machine Mart have lost all future business from myself, and my family.

Caveat Emptor

I for one promise solomly to never buy anything from the ******s.

Sorry you did not win. However, congrats on seeing them turn green as they
claim was rejected.

How much did it all cost you (cash, not time)?

--
Tim Watts Personal Blog: http://squiddy.blog.dionic.net/

http://www.sensorly.com/ Crowd mapping of 2G/3G/4G mobile signal coverage

Reading this on the web? See:
http://wiki.diyfaq.org.uk/index.php?title=Usenet