I know this matter is a bit trivial but thanks in advance for any advice given.
I purchased an exercise bicycle from Mr. Anomyous, a sole trader. I have kept the receipt. It was a relatively expensive exercise bicycle costing €450, and I thought long and hard about buying it. One of the factors influencing my decision to buy this bicycle was that it seemed particularly sturdy and robust and would last for many years. I thought that initially the cost is a bit high, but that I would have this bike for 15-20 years. The bicycle did seem that sturdy! I have had operations on both of my knees, and I really did need an exercise bicycle.
A week later, a clicking noise started to emit from the exercise bicycle. Over the following few days this noise became progressively louder. I phoned Mr. Anomyous to tell him that the exercise bicycle was faulty.
Mr. Anomyous called to my house the following week, and tightened some bolts on the bike. The noise seemed to stop, but it returned soon afterwards. The noise at times is quite loud. It occurs every time that pedals rotate a full turn. It sounded so bad, I thought that pedaling may cause further damage.
After missing another two arranged meetings with me he eventually came again on a Friday evening. He concluded that the fault originated from the bearings in the pedal and said he would order them in and would return the following Friday and fit the pedals. Mr. Anomyous did not arrive on the following Friday. He did not phone me to say he was not going to come.
I phoned Mr. Anomyous the following Tuesday. He said that a box had arrived with lots of items in it, and he was going to look through it, and would ‘get in touch with me’. He took my phone number as he said he was having a problem with his phone. Mr. Anomyous did not make any contact with me.
Two weeks later I phoned Mr. Anomyous every day, once a day, from and including Monday to Friday. I sent him an e-mail to his business e-mail address, on the following Tuesday requesting him to phone me, and I included my phone number on this e-mail. I received no phone call from Mr. Anomyous.
I drove approximately 10 miles to his house the following day. He said that the pedals arrived two weeks ago. He said he did not know that I was phoning him, as he now had a new phone and a new number. He asked me to phone him the following day, and he would come to my house at around 6pm and fix the exercise bicycle. I phoned him at 4pm on using his new number. There was no reply, so I left a message to contact me. I phoned Mr. Anomyous at 5pm, the phone was turned off. I sent Mr. Anomyous a text message stating that due to the prolonged delay in repairing the exercise bicycle, I wanted a full refund within 24 hours instead. Mr. Anomyous made no contact with me.
I phoned Mr. Anomyous on Friday twice using his new number. There was no reply. My calls were not returned. I phoned Mr. Anomyous on Saturday. There was no reply. My call was not returned.
I want to go to the Small Claims Court about this matter. At this stage I would really like to have a full refund. My questions are;
1/. Can he bring his solicitor to the Small Claims Court with him?
2/. Do I need to bring this matter to a solicitor?
3/. Is it likely that I will get a full refund?
4/. Am I completely "in the right" on this matter?
5/. Because it is December, will this matter make it into court before Christmas? (I have sent in the application form already).
I purchased an exercise bicycle from Mr. Anomyous, a sole trader. I have kept the receipt. It was a relatively expensive exercise bicycle costing €450, and I thought long and hard about buying it. One of the factors influencing my decision to buy this bicycle was that it seemed particularly sturdy and robust and would last for many years. I thought that initially the cost is a bit high, but that I would have this bike for 15-20 years. The bicycle did seem that sturdy! I have had operations on both of my knees, and I really did need an exercise bicycle.
A week later, a clicking noise started to emit from the exercise bicycle. Over the following few days this noise became progressively louder. I phoned Mr. Anomyous to tell him that the exercise bicycle was faulty.
Mr. Anomyous called to my house the following week, and tightened some bolts on the bike. The noise seemed to stop, but it returned soon afterwards. The noise at times is quite loud. It occurs every time that pedals rotate a full turn. It sounded so bad, I thought that pedaling may cause further damage.
After missing another two arranged meetings with me he eventually came again on a Friday evening. He concluded that the fault originated from the bearings in the pedal and said he would order them in and would return the following Friday and fit the pedals. Mr. Anomyous did not arrive on the following Friday. He did not phone me to say he was not going to come.
I phoned Mr. Anomyous the following Tuesday. He said that a box had arrived with lots of items in it, and he was going to look through it, and would ‘get in touch with me’. He took my phone number as he said he was having a problem with his phone. Mr. Anomyous did not make any contact with me.
Two weeks later I phoned Mr. Anomyous every day, once a day, from and including Monday to Friday. I sent him an e-mail to his business e-mail address, on the following Tuesday requesting him to phone me, and I included my phone number on this e-mail. I received no phone call from Mr. Anomyous.
I drove approximately 10 miles to his house the following day. He said that the pedals arrived two weeks ago. He said he did not know that I was phoning him, as he now had a new phone and a new number. He asked me to phone him the following day, and he would come to my house at around 6pm and fix the exercise bicycle. I phoned him at 4pm on using his new number. There was no reply, so I left a message to contact me. I phoned Mr. Anomyous at 5pm, the phone was turned off. I sent Mr. Anomyous a text message stating that due to the prolonged delay in repairing the exercise bicycle, I wanted a full refund within 24 hours instead. Mr. Anomyous made no contact with me.
I phoned Mr. Anomyous on Friday twice using his new number. There was no reply. My calls were not returned. I phoned Mr. Anomyous on Saturday. There was no reply. My call was not returned.
I want to go to the Small Claims Court about this matter. At this stage I would really like to have a full refund. My questions are;
1/. Can he bring his solicitor to the Small Claims Court with him?
2/. Do I need to bring this matter to a solicitor?
3/. Is it likely that I will get a full refund?
4/. Am I completely "in the right" on this matter?
5/. Because it is December, will this matter make it into court before Christmas? (I have sent in the application form already).