Small Claims questions

dont_use_vistaprint

If a claim for £450 proceeds to an actual hearing and is won, as well as the court costs and interest on the £450, is it possible to claim for admin, time and travel to court?

This case has almost got to filling in the online form about 3 times but each tome they do something to halt it, look like they will make a decent offer and then don't.

The time spent emailing is becoming too much - is it fair to include as costs when finally claiming online ?

Is there a typical amount / rate for this or is it fair to simply work it out based on time lost and proof of my salary and then change 45p per mile on top if attending court ?

One other question - unrelated. If a 2nd hand phone shop knowling sells iphones with defective batteries, with a warranty process that covers this, but is designed to limit the refunds they make - like attempting to hold returned phones for 2 weeks "testing" before finally offering a replacement which is also defective. If you finally get a full refund is there a case for compensation for loss of time and inconvenience ? If not as I suspect, then what can be done about them ?


Thanks

KeithP

Your time for court attendance can be claimed up to £19 per hour up to a maximum of £95 per day. You should provide evidence of lost time and your rates of pay.

Your travel and parking cost for court attendance can also be claimed. 45p/mile is generally accepted or fares as per receipts.

And of course you can also claim the cost of any court fees from the other party.

steampowered

The definitive list of costs which can be claimed is here: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14

You can't claim admin costs.

You can only claim time costs against a defendant who has 'behaved unreasonably'. This is a strictly applied and only met in a very small number of cases, e.g. to punish defendants who ignore court orders. Unlikely to be applicable. If you could prove it, you'd get £19 an hour for your time.

As set out in the rules you can claim travelling costs. This is not at a fixed mileage.

None of this goes on the online form. You would ask for costs at the hearing itself.

steampowered

dont_use_vistaprint wrote: »

One other question - unrelated. If a 2nd hand phone shop knowling sells iphones with defective batteries, with a warranty process that covers this, but is designed to limit the refunds they make - like attempting to hold returned phones for 2 weeks "testing" before finally offering a replacement which is also defective. If you finally get a full refund is there a case for compensation for loss of time and inconvenience ? If not as I suspect, then what can be done about them ?

There is no legal requirement on a shop to offer a warranty. The shop can put whatever restrictions or limitations on the warranty they wish.

You do of course benefit from statutory rights under the Consumer Rights Act 2015, such as requiring products to be of satisfactory quality and fit for purpose. If defective batteries are sold without the customer being told they are defective, then that is clearly going to give the consumer remedies under the Consumer Rights Act 2015.

No, there is not a case for compensation for loss of time or inconvenience. If a shop is knowingly selling defective products as real products, then trading standards have the power to prosecute that.