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

lovinituk

miserable_ol_so_n_so wrote: »

Thanks. I never knew that! How can they refuse a bailiff as I thought a bailiff would be authorised to remove things to the value of the judgement?

I believe only High Court Enforcement Officers have the power to force entry to remove goods.

I think if you refuse entry to a 'normal' bailiff they can't do anything. They may be able to take goods if you let them in but I'm not sure.

The main point I was making in my last post was that its not necessarily over even if a judge orders them to pay.

meer53

The bank have up to 8 weeks to respond to your complaint. Wait for this to happen before doing anything else, you seem to be making this more complicated than it needs to be.

miserable_ol_so_n_so

Someone I know has been having problems of his nature with a telecoms giant whereby he has had to spend enormous amount of time on the phone. I am beginning to come to the conclusion that the system is biased against small claims, and it is in the interest of commercial entities to make things as difficult as possible do discourage customers ( this also means they do not need to employ extra personnel to service their customers. Fewer customer support staff equals long waits for customers resulting in customers giving up). I have also right now concluded that using phones or the internet plays into their hands as these tend to be free. I am seriously considering not to use these for making enquries of this nature. I will use post, send by Special signed for delivery, wait for reply and carry on. Keeping full account of stationery, postage, mileage to and from the Post office. That should then be allowed by a court without question.

miserable_ol_so_n_so

meer53 wrote: »

The bank have up to 8 weeks to respond to your complaint. Wait for this to happen before doing anything else, you seem to be making this more complicated than it needs to be.

Thanks. This has been going on for nearly 3 months now.

lovinituk

miserable_ol_so_n_so wrote: »

I will use post, send by Special signed for delivery

Even using Special Delivery might be seen as not mitigating your losses. It is actually acceptable to send by standard 1st class and it is deemed to be delivered within 2 days.

You would probably get away with Signed For which only adds around £1 to the cost. But Special Delivery which costs £6+ is unnecessary and could be seen by the court as excessive costs and not allowed.

miserable_ol_so_n_so

lovinituk wrote: »

Even using Special Delivery might be seen as not mitigating your losses. It is actually acceptable to send by standard 1st class and it is deemed to be delivered within 2 days.

You would probably get away with Signed For which only adds around £1 to the cost. But Special Delivery which costs £6+ is unnecessary and could be seen by the court as excessive costs and not allowed.

Thanks. So use signed for delivery, go to copying shop, keep receipts, keep copies, keep track of mileage to and fro copying shop, go to post office keep track of mileage costs. That is what I will do. No more phone calls to the bank, or online secure messaging, or to any other organization. I will terminate my online banking and inform them to communicate by mail.

lovinituk

miserable_ol_so_n_so wrote: »

Thanks. So use signed for delivery, go to copying shop, keep receipts, keep copies, keep track of mileage to and fro copying shop, go to post office keep track of mileage costs.

Just don't expect to get every penny back. Ultimately the judge will decide what costs, if any, to award.

If you read the parking ticket section on this forum you will often see them beating the cowboy parking companies in small claims but the full reasonable costs claimed not being awarded.

miserable_ol_so_n_so

lovinituk wrote: »

Just don't expect to get every penny back. Ultimately the judge will decide what costs, if any, to award.

If you read the parking ticket section on this forum you will often see them beating the cowboy parking companies in small claims but the full reasonable costs claimed not being awarded.

Thanks. I will start from now. I will write the Letter Before Claim on paper, send it off to both the Bank and the merchant so that is all done even though I think the bank will sort it out since I have complained. They may not allow any of my expenses but truly, if somehow I got just the refund within the week I will get shot of this and concentrate on my Office of The Public guardian saga. No more calls to them or emails. Paper only. Be strange doing things on paper. I worked for a large Tech company where we pioneered text processing in the 70's and went completely paperless. That is nearly 40 years of paperless communications. I will keep meticulous records of mileage etc and put the claim in the hands of the court. That is all one can do.
Also starting from now, I will ask the merchant for the recordings of all the calls I have made for use in any proceedings.

unholyangel

miserable_ol_so_n_so wrote: »

Thanks. So use signed for delivery, go to copying shop, keep receipts, keep copies, keep track of mileage to and fro copying shop, go to post office keep track of mileage costs. That is what I will do. No more phone calls to the bank, or online secure messaging, or to any other organization. I will terminate my online banking and inform them to communicate by mail.

Im starting to understand why you've gotten to 3 months without getting any closer to a resolution.

You've completely ignored everything thats been said with regards to damages and taking reasonable steps to mitigate your losses/not taking unreasonable ones/allowing your losses to mount up.

You are actively looking for ways to incur costs which is contrary to those rules/principles in law.

miserable_ol_so_n_so

unholyangel wrote: »

Im starting to understand why you've gotten to 3 months without getting any closer to a resolution.

You've completely ignored everything thats been said with regards to damages and taking reasonable steps to mitigate your losses/not taking unreasonable ones/allowing your losses to mount up.

You are actively looking for ways to incur costs which is contrary to those rules/principles in law.

Thanks. It is incorrect to say that I am here three months later because I have gotten three months without resolution because I am looking to increase costs. Please read on. Each party has stopped responding to me messages. What other option is there except communicate with them via paper?

1.The reason why I am where I am 3 months later is because I have not had the refund that the merchant has actually agreed I am due. The merchant says he has actually made the refund but to a card that has been closed! I told him that the card was closed was told that it was ok the bank will refund it. This will be in the record of the first call I made.
2.When it did not arrive in my account two weeks from the call, I got in touch with my bank who informed me that when an account is closed, the money would be returned to the sender act the merchant. This is in written message from the bank.
From then on, neither party has taken any steps to resolve the problem despite repeated requests. Again all this is in the records.
There was no question of any costs up until then. I even made a purchase from the merchant which could have been offset against the refund. This will be the last purchase I ever make from them. I am about to make another purchase but not from this merchant. Not ever again. I I am going to another retailer who will match their price.

Three months later, I have the option to give up or continue in the courts. I am determined to get my refund. I am no longer prepared to waste my time on the phone or the internet. I know that in the end I will get what is due to me. Going the paper route is fine except it costs and I should be able to recover them. Please tell me what more can I do except go to court to get my refund. This is a beureucratic muddle where the merchant thinks the bank will refund me and the bank says they have returned it. Neither party has actually sat down and determined where the money actually is. It has come to a point where neither party replies to my emails or messages! Paper is the only way forward. That suits me fine. Any costs I incur will not be in my pocket. There will be actual receipts to back up every penny. IIf this inconveniences them so be it. That does give me a lot of satisfaction. It does make me mad that these giants of the commercial world are incapable of overcoming this simple problem and their call centre staff simply recite the mantra " we have made the refund ask your bank" and the bank says "money sent to a closed account is returned get in touch with the merchant". I am not giving up on this. I will write my letter before action, get copies from copying shop, send it off to both of them and add the costs on. I will keep receipts, track all mileage, parking, postage costs, request records of all calls made, and submit the costs for determination by the court.