About to go to small claim court, am I in the right?

unholyangel

lincroft1710 wrote: »

I didn't realise SOGA covered sales by an individual to a company, I always thought it was the other way round.

The sale of goods act covers all sales of tangible goods - whether b2b, b2c or private sales.

Just some parts only apply to certain types of sales.

Pollycat

Mr_M_Cox wrote: »

I think I will have to seek further professional advice, I cant afford to claim and lose, I guess their solicitors are ££££ per day!

Further professional advice at what cost?
Or can you find a firm that do free advice?
Or CAB?

Mr_M_Cox wrote: »

£95!!!!

They only gave is 100 for the phone!

I don't know about the 'right thing' (as per the final sentence in your original post) but I'm not sure I'd risk going to court over £95 unless I was 100% convinced that I'd win.

Mr_M_Cox

Pollycat wrote: »

Further professional advice at what cost?
Or can you find a firm that do free advice?
Or CAB?
.

So far, the Consumer advice line but there are solicitors firms that advertise free legal advice in my area, no idea what the reality of that offer is though!

Pollycat wrote: »

I don't know about the 'right thing' (as per the final sentence in your original post) but I'm not sure I'd risk going to court over £95 unless I was 100% convinced that I'd win.

I odnt really want to unless I will win either but I have got a bit "its about the principle" now, I know foolish but cant help it! :-)

unholyangel

OP can you maybe give us a more concrete timeline of events?

Have you spoke to your bank to see that a) the charges are correct and b) if they'd be willing to waive them this one under the circumstances?

Using MSE's overdraft tool, I'd take a guess its possibly a santander standard account or 123 account? They seem the most expensive for unauthorised overdraft charges at £95 (followed closely by lloyds with £86). The cheapest is clydesdale at £6, followed by HSBC at £25.


Anyway, this page may prove useful reading for you OP:
http://e-lawresources.co.uk/Causation.php

JJ_Egan

Try the LegalBeagles forum .

unholyangel

Mr_M_Cox wrote: »

So far, the Consumer advice line but there are solicitors firms that advertise free legal advice in my area, no idea what the reality of that offer is though!




I odnt really want to unless I will win either but I have got a bit "its about the principle" now, I know foolish but cant help it! :-)

If you have legal cover on your home/car insurance, you could use that.

wealdroam

£95 bank charges for going overdrawn by less than £100?

I would be changing my bank.

unholyangel

JJ_Egan wrote: »

Try the LegalBeagles forum .

I have no idea why you reply to near enough every thread telling people to seek professional advice from legalbeagles.

Legalbeagles is no different to the forums here - they give advice without liability and advise that you seek professional advice if there is any doubt.

Legalbeagles even have a disclaimer saying they don't provide legal advice on the site and nothing written on the site should be taken as legal advice.

If someone needs professional advice, the internet is not the place to get it.

pinkshoes

I wouldn't bother pursuing this.

If there is NOTHING in the contract that states that the money will he in your account in X days from the price being agreed then you have nothing to sue them for.

You should not have been relying on the sale of your possessions to stop you going overdrawn. this was your own negligence.

(E.g. If you didn't sell the phone, you would have gone overdrawn anyway, so this is not the fault of the phone buying people)

meer53

It's your responsibility to ensure you have enough money in your account to avoid incurring any fees, not a third party. You obviously knew about the delays, why didn't you make sure any payments were covered ?