advice needed please

[1wildhorse]

well it certainly threw me for a few days(i heard about it on the friday,far too late to get any answers),and agonised about it over the weekend.still after speaking to the woman in the court,it most definitely reassured me.i only hope that this experience will give the willpower to other people reading this thread to take the bull by the horns when they have a GENUINE grievance.

 

[1wildhorse]

oh i did have to swear in and tell the story as i saw it.so yes the judge did most definitely hear the facts of the case(albeit in CTs absence),and completely agreed with me.

 

[1wildhorse]

update.
i went back to the courtroom yesterday to file a summons to a payment hearing.was told that you have to summons an individual person,not the company,AND you have to serve the papers in person.grrrr!!so because they didnt have a clue about who to actually go after for the money,i had to make an application for another hearing in which i have to ask the judge about who to go after.its a bit of a circus lol.

 

[1wildhorse]

we have an update.
ive been doing more digging,and when you file a summons to a payment hearing,even though you have to name an individual and not the company,its really not that hard.you can present the papers(has to be done in person),to a director,officer of the company,or an employee.this makes things simple.instead of having to go running around the country to subpoena a director,i can simply present it to the store manager in town.easy!
canadian tire challenged the original ruling of a default hearing,and although the matter has been adjourned until july 11th,the judge said its highly unlkely that the decision will be overturned.i had the distinct impression that we would have flying pigs in abundance before it would happen.plus he added that why on earth would i be willing to agree to allow champion to take responsibility for this when i already have one of canadas largest retailers 'on the hook'.instead of having to run around the country all i simply have to do is proverbially knock on the door of the nearest store for my money....
so even though there is still no check,with all additional expenses,the bill is now at $6500 and counting.hopefully canadian tire will now see sense and settle!

 

[CT Challenger]

Thanks for keeping us updated!

It will be nice when you finally get the cash in hand.

But it could be really satisfying if you are allowed to go to,a local store and seize some assets in lieu of a payment from them.

Any idea what you would take?

 

[1wildhorse]

yes ive had those thoughts.i think it wont come to that,but i also believe that the judge is able to order bailiffs to sieze assets equating to the amount owed,and these are auctioned for the money.so i dont think you get a 'spree'.if i did,i certainly wouldnt be getting a generator!!!

 

[1wildhorse]

then of course with all the things that would obviously break down,and the subsequent court action,because they wouldnt refund me,this could keep on going for years.....

 

[1wildhorse]

i think what im trying to say here is DONT ACCEPT BULLSHIT.if they refuse to refund/exchange something that fails after a couple of months,then threaten to sue.you are entitled to have all your costs covered,which may include things like milage,accomodation,food etc.if you throw in the towel and just walk away,then that is what they are relying on to make a quick buck.above all DONT BE AFRAID OF THE BIG BAD SPECTRE of the corporate lawyer.its probably not even worth an afternoon away from the golf course.as ive discovered,the legal process has now reached a bill of $6500 from a $350 generator,and they will have to suck it up and pay.if they had offered a refund at the beginning i would have happily dropped the matter.so its their own choices that led to this.i sympathise with the coffee maker guy,and suggest that anyone with similar problems familiarises themselves with the sale of goods act,in particular the implied warranties,and if you have a faulty product,then absolutely insist on a refund.if they dont then have fun because we actually have consumer rights in this country,and no 'official policies' trump THE LAW.i cannot echo this enough.