Defendant paid refund, but not expenses

Raksha

I'm in the unfortunate position of having to take a local tradesperson to court for a refund of the prepayment I made when booking his service.  He failed to attend the first time, then didn't have the equipment he needed the second time. The third time he offered a time that wasn't appropriate for me. At this point I requested that he cancel and refund.
After several months he claimed to have refunded me, but I hadn't received it. Sent letter before action, no response. Started Money claim online. His defence was that he'd refunded me. He agreed to mediation, then didn't answer the phone when they called. I've now got a Court date, and ofcourse they want more money from me.  Today I received a payment from the company for the basic deposit, but no allowance for my expenses.  Bearing in mind he appears to have committed perjury by lying about the initial refund months ago, WWYD?
Continue with the Court case for expenses or

Let it be and put it down to experience.

The_Unready

I had a similar (ish) experience to you a few years ago.

I issued a claim via the small claims court for an outstanding sum. The hearing was moved to a court near the defendant's home town, about 50 miles away from me (at the defendant's behest).

On the day of the hearing I travelled to the town and, as a precaution, checked my bank balance prior to the hearing. The defendant had paid the outstanding claim that very morning but, as like in your case, not the expenses I incurred by travelling to and from the hearing.

The hearing went ahead as planned - the defendant did not turn up. I explained to the judge that the basic amount outstanding had been paid by the defendant that morning, but that I was out of pocket because of my need to travel to the hearing. The judge agreed to my claim for mileage at 40p per mile and for my parking costs.

The defendant was notified of the outcome via the court, but was obviously reluctant to pay the travel costs. However, on the last day before he would have defaulted and allowed a CCJ to be put in place against him, he paid the outstanding amount to me.

It was all a bit pathetic by him, really. If he had paid the outstanding sum to me on any day prior to the date of the hearing he wouldn't have been liable for the extra travel costs, but it just goes to show how some people still think they're right, even when they in fact know they're wrong.

That probably doesn't help you an awful lot, but I just thought I'd mention it in passing, as it gives you a modicum of confidence that judges may look kindly upon expenses claims via the small claims track.

MattMattMattUK

Raksha said:

I'm in the unfortunate position of having to take a local tradesperson to court for a refund of the prepayment I made when booking his service.  He failed to attend the first time, then didn't have the equipment he needed the second time. The third time he offered a time that wasn't appropriate for me. At this point I requested that he cancel and refund.
After several months he claimed to have refunded me, but I hadn't received it. Sent letter before action, no response. Started Money claim online. His defence was that he'd refunded me. He agreed to mediation, then didn't answer the phone when they called. I've now got a Court date, and ofcourse they want more money from me.  Today I received a payment from the company for the basic deposit, but no allowance for my expenses.  Bearing in mind he appears to have committed perjury by lying about the initial refund months ago, WWYD?
Continue with the Court case for expenses or

Let it be and put it down to experience.

What are the expenses you are trying to claim and how much? Remember that not all costs are recoverable and you also have to decide if the amount is worth the effort. 

bris

Did you put the expenses in the claim? Court has set expenses that you add to any claim, if you added these then just let the case go ahead and you will be awarded the expenses.

If you didn't add them to the claim then you are going to struggle to get them now as you have been refunded.

You could start another claim but may not win now as the refund has been accepted.

Raksha

Yes, expenses were claimed in the initial claim.

pinkshoes

As expenses were claimed in the initial claim, I would write to him thanking him for returning the deposit, and saying you look forward to the additional expenses of £XXX being paid before the court hearing date on <date>.

State that if these are not paid within 24 hours of the court date, then the hearing will go ahead where he will also have to pay other costs such as your travel expenses.