Started court action to get refund on faulty goods

marliepanda

pinkshoes wrote: »

I don't get the whole admin fee thing other than the cost of the paper, envelope, stamp, and petrol to post it from a post office.

If your husband had to take a day off unpaid to wait for a collection that ever happened, then this should be claimed.

Husband is self employed - 'sees clients' so hard to quantify...

Quentin

marliepanda wrote: »

It will be interesting to see how this plays out with all the exorbitant fees she has asked for

My post was to correct your post specifically regarding your doubt that the court fees can be pursued (you did not mention any other "exorbitant fees"):

marliepanda wrote: »

I doubt you can ask for he court fees as you could have mitigated your losses by starting a PayPal claim. Court should be used as the final option and the judge (if you get that far) will probably feel it is a waste of time

The defendant could have avoided the claim being made had they responded to the LBA.


If any of the items claimed are defended, then it will be down to the judge to decide on how much the defendant is ordered to pay, however the fees will be allowed, given that the Defendant agreed there was an outstanding debt after the proceedings were started.

Watergirl

Just wanted to post back with an update. I took your advice Unholyangel, as you know and they responded to say that they are happy with the counter offer.

The sink is being picked up today and they will refund the cost of the sink, the £35 fees and £50. Whether you consider that £50 a gesture of goodwill or me charging for 'admin' costs, the result is the same. I've heard conflicting information regarding how to word it; one legal website suggested that you cannot make any claim for time lost (like time off work, time taken to write letters etc), but another thing I read said that you can. Like most things online I expect to find differing opinions.

Regardless, I do not consider £50 exhorbitant personally and clearly neither do they. I think that considering the level of hassle that I have had in obtaining what is rightfully ours, it is a fair amount. Those people that have taken the time to fully read my posts, detailing what I have already done and how I have attempted to avoid court by sending a LBA, can see that. I detailed in the LBA that I was open to arbitration/mediation and they had plenty of time to refund.

The end result is that I get my money back for the sink and for the court fees plus £50. I would rather have not had the trouble than the £50 trust me!

Thank you to Unholyangel and Quentin for what has been the most helpful and logical advice, even when you didn't agree with me. Although I would have preferred to hear, "what a bunch of *****. You deserve all that money and more, take them to the cleaners, blah blah blah," you were a lot more knowledgeable and unemotional than I am, and it's helped me come to a resolution that has avoided court at a difficult time for me and my Husband.