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

lovinituk

miserable_ol_so_n_so wrote: »

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?

Of course they can engage a solicitor if they wish but as pointed out above the costs are not recoverable in the small claims track. The small claims process is not that difficult - someone in a situation you mention could have family or friends help them.

miserable_ol_so_n_so

lovinituk wrote: »

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.

I thought they charge £250 per letter and were I to engage one, it would be for the Solicitor to obtain justice from two very large organizations. The £140 is significant to me.

miserable_ol_so_n_so

lovinituk wrote: »

Of course they can engage a solicitor if they wish but as pointed out above the costs are not recoverable in the small claims track. The small claims process is not that difficult - someone in a situation you mention could have family or friends help them.

What if they are infirm and do not have the support? Do they have to knuckle under and let the big organizations walk all over them?

lovinituk

miserable_ol_so_n_so wrote: »

I thought they charge £250 per letter and were I to engage one, it would be for the Solicitor to obtain justice from two very large organizations. The £140 is significant to me.

It's just a letter. It can be ignored without direct consequence. The only entity that can legally order someone else to pay you is a judge in a court. Solicitors don't have this power. A solicitor would still have to go through a court if their letter was ignored.

naedanger

miserable_ol_so_n_so wrote: »

I thought they charge £250 per letter and were I to engage one, it would be for the Solicitor to obtain justice from two very large organizations. The £140 is significant to me.

I would not recommend you go down the route of engaging a solicitor over the matter, because I doubt what you don't doubt. (I doubt the solicitor would be able to recover their own costs from the other party.)

Perhaps speak to Citizen's Advice. (One thing is to be certain you take the correct party to court. I suspect that it is the retailer but if they have refunded the money to your card provider then maybe the retailer is not at fault.)

lovinituk

miserable_ol_so_n_so wrote: »

What if they are infirm and do not have the support? Do they have to knuckle under and let the big organizations walk all over them?

Sorry, I don't make the rules. Life sucks sometimes. I'm only debating the facts, not the moral position.

miserable_ol_so_n_so

lovinituk wrote: »

It's just a letter. It can be ignored without direct consequence. The only entity that can legally order someone else to pay you is a judge in a court. Solicitors don't have this power. A solicitor would still have to go through a court if their letter was ignored.

Thanks. If someone really had to pursue a small amount and small claims court was not an option, would it be realistic to engage a solicitor and obtain judgement and the solicitors costs ? I am thinking of an infirm person with no one to help do the small claims court work.

naedanger

If your case meets the requirements for a Section 75 claim then I suggest you take that route rather than legal action. You can claim for costs and inconvenience (though there is no guarantee you will get what you claim).

One advantage of going down the section 75 route is that the credit card company can be held responsible even if the fault was due to the retailer's failings.

For details of a Section 75 claim see the following article:
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

If you do go that route then put your complaint in writing.

Rainbowgirl84

I'm wondering how you are going to apportion liability between the the merchant and the credit card company in your claim?

theonlywayisup

miserable_ol_so_n_so wrote: »

Thanks. If someone really had to pursue a small amount and small claims court was not an option, would it be realistic to engage a solicitor and obtain judgement and the solicitors costs ? I am thinking of an infirm person with no one to help do the small claims court work.

Are you considering your own case? Why waste energy on wondering what would happen to everyone else? Are you infirm?