Please can anyone help with a consumer law / small claims court question?

[sebastiano53]

Hello

Please can anyone help with a consumer/small claims court question?

I took a company to court for a damaged product and the case was dismissed.

Here are the facts of the first case; I pay around £2000 for bespoke hand make worktops of the size and colour I wanted. They were delivered and they were damaged. The company (who uses a third party to manufacture their goods) agreed to repair and return the products. When these were again delivered they are again damaged. I then asked for a refund as I had lost faith in the company. They refused and refused to give me a replacement. I took them to the small claims court where the case was dismissed because of lack of evidence (no photos) however in the judge summing up stated that the company where under a duty of care to provide me with a replacement product.

Nearly a year later and they are refusing to provide me with a worktop. Can I take them back to court as they have not provided a replacement product in a reasonable time? The first time I want to court was because the goods were not of satisfactory quality, this time I want to go on the legal point they have not been replaced in a reasonable time.

I’ve been told I can’t re litigate the same case however is this a new point on law and thus enable me to litigate? The judge said they have a duty of care, but this was not in the order and so is this enforceable?

PLEASE HELP!!! I have been to consumer direct and to citizens advice bureau but no one can help.

[wethrby]

get ready to pay a barrister.

[cumhea]

I would want to be advised by a solicitor, it is normally free for the first 20 minutes, make sure it is. State your case on a no win no fee contract, not even paying for a letter. If your case is strong they will recover costs from the other side. I repeat pay nothing.