Sale of Goods Act
Under the Sale of Goods act, the retailer who sold you the goods NOT the manufacturer is responsible for replacements/repairs under guarantee. Should the retailer fail to honor the act you are quite within your rights to take the retailer to the small claims court and ask for redress.
Making a Claim
Making a claim
If someone owes you money and you cannot settle things in any other way, you may decide to issue a claim through the county court. People also issue claims for other reasons, including:
bad workmanship;
damage to their property;
road traffic accidents;
personal injury;
goods not supplied; and
faulty goods
County courts deal with all these types of claim. You will sometimes hear people talk about the 'small claims court'. What they really mean is the special procedure for handling smaller claims in a county court.
Going to court should always be the last resort. There are now a number of other ways of sorting out complaints, disputes and legal problems without court action, including arbitration, mediation and ombudsmen schemes These are often called alternative dispute resolution (ADR) schemes.
Court rules require you to think about whether alternative dispute resolution is a better way to reach an agreement before going to court.
Some claims can be made online using Money Claim Online
There are time restrictions for issuing claims. If you have delayed issuing proceedings for any reason, you may wish to seek legal advice before issuing your claim.
If you wish to proceed with a claim, or wish to defend a claim the following leaflets are available:
Stage 1: How to make a claim
Making a claim? Some questions to ask yourself (Leaflet EX301)
How to make a claim (Leaflet EX302)
Debt recovery for businesses (Leaflet EX350)
Stage 2: The defendant's response
A claim has been made against me - What should I do? (Leaflet EX303)
No reply to my claim form - what should I do? (Leaflet EX304)
The defendant disputes all or part of my claim (Leaflet EX306)
The defendant admits my claim - I claimed a fixed amount of money (Leaflet EX309)
The defendant admits my claim - I did not claim a fixed amount of money (Leaflet EX308)
Stage 3: Allocation to case track
The small claims track (Leaflet EX307)
The fast track and the multi track (Leaflet EX305)