Small Claims

moneybunny123

Hi everyone

I do have another thread on here (https://forums.moneysavingexpert.com/discussion/4351529) but just wanted to start a new thread to get a quick answer (and to save anybody that didn't want to from having to trawl through my other thread to get all the facts.)

My question is this: If I take someone to small claims to get back a full refund of almost £2k for a fireplace that was not provided or installed, I know that I'm entitled to also claim for 8% interest, but am I entitled to claim for anything else? Compensation for emotional stress, that kind of thing?

Our situation has been going on for over 3 months now. The merchant has been utterly uncooperative, threating, abusive, and intimidating. He's ignored our correspondence, and we are £2k out of pocket. To say this has caused sleepless nights is an understatement.

Thanks in advance.

lukerichardson40

I have just been through the process of taking a company to court and as far as I know you can only claim for actual financial losses, but I may be wrong.

moneybunny123

lukerichardson40 wrote: »

I have just been through the process of taking a company to court and as far as I know you can only claim for actual financial losses, but I may be wrong.

I suspected as much. Thank you. Just wondering how and why then that you occasionally hear of companies settling out of court and consumers getting back more than they originally paid out.

lukerichardson40

I have no idea about that... perhaps to avoid bad press and paying more court fees when they dont win the case? I am sure others here will correct me if I am wrong.

mattyprice4004

Pretty much the above, they'll usually tell you it's a goodwill gesture and that they don't accept liability too.

You can only claim for accountable losses, stress isn't one of them.