ADVICE ABOUT GOING TO
THE SMALL CLAIMS COURT

SEE March 2007 NEWS ONWARDS FOR MY EXPERIENCE OF THE COURT PROCESS

I'M NOT A LEGAL EXPERT!

I can't give you expert legal advice - but I can give you some common-sense advice and point you towards some useful websites.

BEFORE YOU GET ANYWHERE NEAR A COURT

Remember that Moben now has a new owner (from April 2007) and is in effect a new company. However, it appears that they will be using the same staff, products, fitters, other tradespeople and it looks like their advertising hasn't changed much. Before you buy a kitchen from 'new' Moben you might like to wait and see how other customers are treated. Moben have refused to give me any information on how their service will improve under new ownership - so I assume it won't.

Make sure that as much as possible is specified when you're buying any major purchase. Salespeople will promise you the earth but if it's not written in the contract you'll find it harder to get some companies to deliver what was promised. In my case the standard contract was supplemented by words promising that 'the plaster would be to a standard suitable for tiling or painting'. As Moben didn't achieve that standard those words may prove useful in court.
It's worth adding the words 'Time is of the essence' if there's nothing much about timescale in the standard contract.

Don't pay money up front except maybe a small deposit. Moben salespeople may tell you that they started to require payment up front because a small number of customers had caused minor damage to their kitchens to give them an excuse not to pay. They'll also tell you how they are members of the Qualitas arbitration and conciliation service and this will protect you. Don't fall for it. If you pay up front you've lost your bargaining power and you may need to go to court to obtain a satisfactory outcome. As Moben require payment up front this advice can be taken as DON'T BUY A MOBEN KITCHEN!

Don't pay by cheque, cash or debit card. Instead, pay by credit eg with a credit card or with a loan (but make sure you don't pay too much interest). If you spend over £100 on credit then the credit provider can be liable to compensate you if things go wrong and you can't obtain satisfaction from the supplier of the goods and/or services you bought.

Keep good records including photographs. Major purchases such as kitchen installations often go wrong. Keep full records of all letters, phone calls, emails etc. They will almost certainly be helpful in court and may be useful before that eg when claiming compensation.

Be honest. This applies throughout the process. If you tell lies or exaggerate you'll only make things difficult for yourself. Even frequent liars find it hard to keep up the pretence in a court. Honesty will have its own reward.

How much to claim? Make sure that you can provide a good explanation for how much you are claiming. It's no use plucking a number from the air. One way is to quantify the cost of your time and inconvenience plus any materials etc that you've had to purchase. Another way is to try to value what Moben have provided eg by reference to their cost breakdown and/or price list (if they'll provide one - they wouldn't supply me with either) or the price list of another supplier plus an allowance for labour etc.

Don't give up. Moben may try to bluff their way out of paying you compensation.

'Without Prejudice' Some companies will use those words when they offer compensation. Be careful! You should not refer to any such offer(s) when taking your case to court.

Be persistent. Before you go to court you'll need to make reasonable efforts to resolve the dispute in other ways. After making a good case to Moben and not getting a satisfactory response you'll be faced with a decision - Should you try the Qualitas service? I contacted them several months ago and the said they'd get back to me - but they didn't get back to me - so I've decided not to use them because they failed at the first hurdle. You may have more success with them. I can't comment on how independent and fair they are - but if you don't like the result you still have the option of going to court.

Seek publicity. Different ways suit different people. I've contacted BBC Watchdog, BBC North-West Tonight, Trading Standards, the Advertising Standards Authority etc. One complaint may have little effect but if we all complain then it may have some effect. Not everyone will be able or wish to set up a web site but it's quite easy to contribute (comments not money!) to others' websites, blogs, review sites etc.

Choose your words carefully. You will then avoid being accused of libel or slander or of being malicious.

USEFUL WEBSITES
Going to Court may be a daunting experience. But using the Small Claims procedure in the County Court is not as bad as you might think. You don't need a solicitor and the process is designed to give you and whoever is being sued a chance to have your say. Here are some links you might find useful :

Her Majesty's Court Service (HMCS) - Useful info about courts, locations, forms and much much more about courts and legal issues.

Community Legal Service Direct - Lots of legal advice

Citizens Advice - Advice on all sorts of issues

Trading Standards Central - Consumer Protection advice.

Consumer Direct - Clear, practical consumer advice.

Office of Fair Trading - Has some useful links.

Qualitas - The Arbitration and Conciliation service used by many companies in the furnishing and building etc industry eg by Moben.
(I'm not impressed with them so far). They have become :
The Furniture Ombudsman - Please let me know if you have experience of them. I now have a page on them. They claim to be independent but I don't think so.

BBC Watchdog - They're on Moben's case and would no doubt like to hear from you if you've had problems with a Moben kitchen.

House of Horrors - They're on Moben's case.