Can I claim for time wasted on the phone etc.....

lovinituk

miserable_ol_so_n_so wrote: »

My sum of £100 is perfectly reasonable.

If you think it is then go for it. Its not us you need to convince.

miserable_ol_so_n_so

lovinituk wrote: »

If you think it is then go for it. Its not us you need to convince.

Thank you for your reply. I will go ahead and claim this as I am satisfied that having wasted so much of time that is the least they have to do. Neither of the parties has made any effort whatsoever to find out where the money is. The merchant says the bank will have put it in a suspense account; the bank says rubbish they would have returned it. My thinking is that the courts must make it a point of allowing payment when someone has had to spend massive amounts of time and getting nowhere. In my case I have been unable to go any higher than the nameles call centre agent who wont allow me access to some higher level agent. I was told repeatedly that a supervisor would tell me the same thing.

wealdroam

miserable_ol_so_n_so wrote: »

...I could go to a solicitor who would probably charge hundreds of pounds writing letters and obtain my refund eventually together with their costs.

You are right but those costs are not recoverable in a small claims court.

Have you read MSE's Small Claims Court guide?
In there you will see:

If you win, you can't charge fees for any legal advice to the defendant. So if you pay for legal advice, you're unlikely to get it back. This is why most claimants deal with a small claim without the help of a solicitor.

miserable_ol_so_n_so wrote: »

My sum of £100 is perfectly reasonable.

It is only reasonable if you can demonstrate that it is reasonable.
It is not reasonable simply because it seems like a nice number.

miserable_ol_so_n_so

wealdroam wrote: »

You are right but those costs are not recoverable in a small claims court.

Have you read MSE's Small Claims Court guide?
In there you will see:




It is only reasonable if you can demonstrate that it is reasonable.
It is not reasonable simply because it seems like a nice number.

Thank you for your comments.
1.I think I am being perfectly reasonable. Anyone else may take a different view. I know how much trouble I have gone through being stonewalled by the merchant and the bank call centres. Besides, I don't mind if the court does not award these costs. I will put forward my reasons for justifying the costs.
2.When I said I could hand this over to a solicitor, I have no doubt that a solicitor would obtain my refund as well as his costs (which would be far in excess of my 100 quid) from the other parties. I would not go to a small claims cost.

lovinituk

miserable_ol_so_n_so wrote: »

2.When I said I could hand this over to a solicitor, I have no doubt that a solicitor would obtain my refund as well as his costs (which would be far in excess of my 100 quid) from the other parties. I would not go to a small claims cost.

You would still have to go the small claims route even if you used a solicitor. How else do you think a solicitor could get your money back?

miserable_ol_so_n_so

lovinituk wrote: »

You would still have to go the small claims route even if you used a solicitor. How else do you think a solicitor could get your money back?

Very often, letters from a Solictor eventually gets on the desk of someone with some sense and a settlement is soon forthcoming. Bear in mind that the merchant is not disputing the refund. The merchant and the bank have got themselves in a muddle and the call centre staff have no idea or inclination to do anything other than stonewall. The merchant says I have made the refund now go away. The bank says they have returned it now go away.

lovinituk

miserable_ol_so_n_so wrote: »

Very often, letters from a Solictor eventually gets on the desk of someone with some sense and a settlement is soon forthcoming. Bear in mind that the merchant is not disputing the refund. The merchant and the bank have got themselves in a muddle and the call centre staff have no idea or inclination to do anything other than stonewall.

A solicitors letter won't cost "far in excess of your £100". And a company could just file it in the bin, it carries no legal weight.

Anyway, you seem pretty confident with your course of action so let us know how you get on.

wealdroam

Miserable_ol_so_n_so, can I ask... are you retired?

miserable_ol_so_n_so

lovinituk wrote: »

You would still have to go the small claims route even if you used a solicitor. How else do you think a solicitor could get your money back?

As a point of interest, what would anyone do if they were incapable due to ill health, old age etc to go to a small claims court? Would they be able to engage a Solictor and obtain justice to include all legal costs?

miserable_ol_so_n_so

wealdroam wrote: »

Miserable_ol_so_n_so, can I ask... are you retired?

Yes I am a pensioner. I cant stand large organizations who provide poor customer service.