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

lincroft1710

miserable_ol_so_n_so wrote: »

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!

The merchant should refund back to the card that was used for the original transaction. It is not his fault or problem if the card is closed. If you make a court claim against him you would probably lose and thus wasted your money in filing fees. The merchant can also request that any court hearing be held where is most convenient for them, which could cost you money in travel expenses.

unholyangel

You're just proving my point.

I did not say (or imply) that you were still at it 3 months later because you were seeking costs. I was implying you're still at it 3 months later because you're not listening to what people are saying.

Any costs I incur will not be in my pocket. There will be actual receipts to back up every penny.
<snip>
and add the costs on. I will keep receipts, track all mileage, parking, postage costs, request records of all calls made

Again, you don't seem to be absorbing that damages are awarded on the basis of you having taken reasonable steps to keep your losses to a minimum. What you are advocating is not reasonable steps to mitigate your loss, if anything it is unreasonable steps to aggravate your loss. Go to court with the mindset you've shown here today and you're in real danger of having your claim dismissed in its entirety. You think they'll agree you should be awarded on principle? They won't. If it has no basis in law then they won't entertain it.


The ombudsman may make an award for compensation due to failings of the bank/financial business, but courts wont for the reasons I have explained.

miserable_ol_so_n_so

unholyangel wrote: »

You're just proving my point.

I did not say (or imply) that you were still at it 3 months later because you were seeking costs. I was implying you're still at it 3 months later because you're not listening to what people are saying.




Again, you don't seem to be absorbing that damages are awarded on the basis of you having taken reasonable steps to keep your losses to a minimum. What you are advocating is not reasonable steps to mitigate your loss, if anything it is unreasonable steps to aggravate your loss. Go to court with the mindset you've shown here today and you're in real danger of having your claim dismissed in its entirety. You think they'll agree you should be awarded on principle? They won't. If it has no basis in law then they won't entertain it.


The ombudsman may make an award for compensation due to failings of the bank/financial business, but courts wont for the reasons I have explained.

Thanks.
I was not here 3 months ago. I came here just a couple of days ago.
Since the parties have stopped communicating via messages, what should i do? Letting them get away is not an option. What else is there ? If the court procedure requires the Letter Before Action, what option do I have? All this requires pages and pages of paper that will destroy my 20 year old HP inkjetprinter. What option do I have other than taking a trip to town centre to a print shop? Should I walk? 10 miles to nearest print shop! Nearest post office 6 miles away, in the middle of town. Should I walk? Should I park illegally to save parking fees? Today I was all for issuing claim online but having read bits about Letter Before Actin etc. I have decided to do it properly with the right papers being served.

It is precisely because I have sought to save costs that I have been using online messages and phone calls and let this drag on for three months. Phone calls and messages are no longer an option as they are not responding to my messages. I have decided to do this properly as if the other side decides to fight this, I do not want to lose my case on some technicality.
Thank you for all your input.
I am still hopeful that my last message to the bank today which consists of a complaint will produce results. I am however not going to make phone calls or messages and wait for weeks for their reply . I will put in place my plan of action. Expenses incurred will be added to what I have already asked for as a compensation.
Next project is tackling the OPG. I have a similar problem with them where a refund that should have been awarded to begin with was justified after 3 months of toing and froing . It was finally approved and promissed. It has not yet materialized! And in addition the OPG destroyed documents that they demanded ! They have been very kind and offered to pay costs incurred in getting replacement! This could be done for no cost by me spending hours and hours on the phone to HMRC as phone calls are included in call packages. No way am I going down that route. Letters to them too, costs added to what is already due to me.
Finally I cant believe that I am being singled out by the system. I am sure this problem is going to get worse and sooner there will be many cases coming to light.

PS. I have decided to switch my accounts, there are two and obtain £200 reward for each! Also my credit card. They can now start writing to me to address the complaint. Additionally terminated online statements tax deducted certificates etc etc. No more internet messages phone alerts etc internet access will be terminated. It has already cost them as two new plastic cards and security card readers were only recently supplied! Plus when all this is over, I will periodically request this and that product information by mail. Am sure the postman is going to be busy.
Sorry for the rant but I am feeling much better now that I am fighting back.

miserable_ol_so_n_so

Thought I would give an update. I got a £50 cheque from the bank, as a gesture of goodwill! No mention of the £140 that has not been refunded to me! I opened two accounts with them and promptly switched, got £300 reward and another £100 to follow in 12 months time. (I did not want to close the accounts in case it complicates future dealings with them). I haven't had time to pursue the matter as I am a carer for my other half who suffers from not one but two chronic health conditions and I have very little respite. That is what makes my blood boil with anger when these giants of the commercial world can not even handle a simple thing like this. I will however send off the letter before claim and then if necessary, pursue court action at leisure, secure in the knowledge that I will be entitled to 8% interest.