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  • FIRST POST
    • Zadzad
    • By Zadzad 8th Jan 18, 8:27 PM
    • 6Posts
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    Zadzad
    Small claims court.
    • #1
    • 8th Jan 18, 8:27 PM
    Small claims court. 8th Jan 18 at 8:27 PM
    I have commenced small claims action against VGL Services who despite their attempts to bluff are part of viagogo.

    I served papers to the vgl offices through the court and they had until the 8/1 to respond. The claim was for £350 and on the basis of breach of their own terms selling items that did not exist and under the consumer rights act.

    Saturday I received a special delivery letter from a major law firm suggesting that the two companies are not linked and therefore the paperwork was served wrong and advising that I should drop my action.

    There is proof from a number of sources that the companies are linked namely several media articles, a visit by MPs and etc.

    There was also a post under tickets to say someone a month ago had tried the same route - company - address and acts and the case was not defended.
    All of a sudden that person has not posted here or on FB.

    I think the letter is to bully me to drop case.

    If I proceed I know there will be a court fee to pay all refundable if I win.

    My question is IF I was to lose at this stage would I be liable for any defence costs.

    Itís a minefield trying to find the answer.
    I have also tried to find out if there is a central register of small claims judgements to see if the post about a success is true.

    Many thanks for any advice.
Page 2
    • bris
    • By bris 9th Jan 18, 7:24 PM
    • 7,217 Posts
    • 6,239 Thanks
    bris
    You're not even putting in a proper claim, you can't sue someone for not selling you something.


    If you believe you had a proper contract (just making an offer isn't a contract) that was breached then your claim is for "loss of bargain". Did you take the necessary steps to win this?


    First thing you have to do is find the item elsewhere for the best price you can get it (mitigating the loss) then you need to actually buy it, bid you buy it? Then you can take them to court for the difference of what you paid against what they were charging.


    So If you were buying something for £350 and the breached this contract then you found the next best price was £400 then you can only sue for the difference £50 plus costs.


    I don't think you actually know what you're even doing here, first you're suing the wrong company and second are you actually suing for the correct reason.


    As for costs as it stands you will lose your own costs and the judge will make you pay their reasonable costs as they will not be impressed that you made this claim in the first place.
    • steampowered
    • By steampowered 9th Jan 18, 8:34 PM
    • 2,078 Posts
    • 1,951 Thanks
    steampowered
    No, but as he's acting for himself the litigant in person rates can be claimed at £19p/h (all monies are obviously at the discretion of the court)
    Originally posted by CIS
    Not in small claims track - in small claims track (claims below £10k) costs like this are only awarded against a party who has behaved unreasonably in how they conducted the litigation.

    This is only applied in a small number of cases to punish bad conduct (for example people who bring completely vexatious claims, or ignore court deadlines, swear at the judge etc. etc.)

    The small claims track costs rules are available here for anyone who wants to read them: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14
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