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

InquisitiveMind

AnnieO1234 wrote: »

OP-

Send a copy of a completed n1 claim form to the company with 14 days to respond. Explain you will lodge in court in 14 days time. At day 14 send a 7 day reminder.

This is where you would then normally issue proceedings, but don't. You are onto a hiding for nothing as others have also said but also because at no point was there any tangible discussion, agreement or otherwise that you had to receive money by x date. Your timeline actually further proves this.

Send them the threats in the hope they'll cave or do something as a goodwill gesture but IMHO you won't win in court and will end up with a counterclaim for costs etc.

This completes the two events necessary for harassment.

[Deleted User]

I am afraid I agree with the replies on here. You posted asking other people's opinion. However you seem to be 'not getting' that you have some responsibility here too.

While the company were late because of failings within their system., you are responsible for using money you didn't have. We all have short times, unexpected bills, and have to tighten our belt .., you had the option to do the same.

Taking them to court with an uncertain outcome is probably just throwing more money down the drain. The most positive outcome here is to learn from it so it doesn't happen again.., and yes, change the bank.

meer53

They said the money would be in your account on June 5th. It was in your account on June 5th. What happened prior to June 5th is irrelevant, you don't have a case really.

theEnd

I'm with the others. You have no chance.

Best thing is to contact the bank. If this is a one-off and you're a long standing customer, they may waive the fee.

Skint_yet_Again

Mr_M_Cox wrote: »

This is the only bit of their T&C's that seem even close to relevant -

"We will not be liable if you fail to receive a payment or suffer any loss, including but not limited to, if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and/or submit all Payment Details required when using our website(s) or mobile applications as instructed by us from time to time. You understand, agree, accept and that some of the Payment Methods made available to you depend on third parties (third parties that/who we cannot and do not control) to process these payment including, but not limited to, payments by bank transfer (BACS). We will not be liable for delay in receipt of payment as a result of the actions or inactions taken by such third parties. Payments may be subject to validation and security checks that we may or third parties may require at our/their discretion from time to time."

They have already admitted the issues were caused by their internal processes failing, not a third party.

I believe the part highlighted seems to be the important T&C

Do you have any free legal advice line with your house insurance or maybe if you are in a union that you could get free advice from ?

unholyangel

Skint_yet_Again wrote: »

I believe the part highlighted seems to be the important T&C

Do you have any free legal advice line with your house insurance or maybe if you are in a union that you could get free advice from ?

Not that important - its covered by unfair contract terms.

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(b) inappropriately excluding or limiting the legal rights of the
consumer vis-à-vis the seller or supplier or another party in
the event of total or partial non-performance or inadequate
performance by the seller or supplier of any of the
contractual obligations, including the option of offsetting a
debt owed to the seller or supplier against any claim which
the consumer may have against him.

They also can't disclaim liability for failures by their subcontractors (or third parties if you prefer).


However, it all comes down to whether the payment was guaranteed/promised within a certain time and on what date OP went overdrawn.

wealdroam

Mr_M_Cox wrote: »

This is the only bit of their T&C's that seem even close to relevant -

"We will not be liable if you fail to receive a payment or suffer any loss, including but not limited to, if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and/or submit all Payment Details required when using our website(s) or mobile applications as instructed by us from time to time. You understand, agree, accept and that some of the Payment Methods made available to you depend on third parties (third parties that/who we cannot and do not control) to process these payment including, but not limited to, payments by bank transfer (BACS). We will not be liable for delay in receipt of payment as a result of the actions or inactions taken by such third parties. Payments may be subject to validation and security checks that we may or third parties may require at our/their discretion from time to time."

They have already admitted the issues were caused by their internal processes failing, not a third party.

Their T&Cs clearly demonstrate that there is no guarantee on the timing of the payment.


Once the first mistake was realised, you should've ensured that 'time is of the essence' and sent them a letter/email confirming this.


As you didn't make time of the essence, you must accept that the consequential loss is yours.


Although a different scenario to yours, there is a section in MSE's Failed Delivery article about Time of the Essence, including a template letter.