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Originally Posted by paddlers
my only option was to go down the route of taking him to court with all the costs & no guarantee of success & the possibility of losing & paying their costs.
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remarkably simple to raise small claims case in England (can all be done online) and only costs about £30... if you loose a genuine case you wouldn't normally be liable for any legal costs in the small claims court, and you will often find just the paperwork is enough to "encourage a moment of clarity" and get a settlement!
Quote:
Originally Posted by wavelength
On a civil claim it might help. On a criminal prosecution under TDA perhaps it will - perhaps it wont.
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yes, whilst the TDA might be something the broker should be concerned about, it doesn't directly help the OP does it? It helps trading standard take action, not the OP get a direct remedy? He'd need to raise a civil action from another country...
Quote:
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To the OP ...contact the trading standards office for the area where you bought the goods. Its free, wont hurt and might help. If you dont try you will never know.
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IIRC does it not all go through to some giant call centre covering the whole country? you might have some secret hotline to local help but the general public have to make do with bland generic guidance from someone who is never going to bring about a prosecution. I'm assuming even back in the good old days though your first question would have been what have you done to try and sort this out in case it was a genuine error which can be simply resolved?
Quote:
Originally Posted by wavelength
1 1b supplies any goods to which a false trade description is applied in the course of a trade or business.
I'm sure Poly will correct the errors  |
I can imagine an interesting legal debate on whether a broker is actually supplying a boat or merely introducing willing buyer to willing seller, and thus use the "Innocent Publication of Advertisement" defence. Don't know if there is any good case law that is comparable - cars are usually owned by the dealer and houses have special legislation of their own...
