Small claims action

[graemefollett]

Hi,

To keep it brief I started a claim against a company (as I now know, a multi-national) because of some monies I felt I was owed. It went like this;

- I bought concert tickets (or the promise of tickets).
- They took my money 6 months before the event without sending tickets.
- Tickets did not arrive.
- They refunded my money

I tried to claim a wasted day off work and credit card interest. But they did not return any communication.
But now since starting the claim they are defending all my claims.

My question - If I let this continue to court and a judge what will be the worst that can happen to me?

I am a small individual who does not speak in law terms against a corporate lawyer on his home ground, who can ill afford large court costs. This system does not look like it is meant to help 'the little man', all for £400!

Any advice please.

G

[factor-fiction]

Whilst I understand your disappointment I can understand why they are not prepared to pay you £400! I bet that's more than the value of the tickets. What exactly is the basis of your £400 claim - how much are you claiming for the day off and what was the reason for needing day off, and how much for credit card interest?
If you read the terms and conditions they probably said they cannot guarantee that you will get tickets and set out what will happen if tickets aren't available.

[R1Geezer]

I suspect the others didn't account for the fact that your £400 includes the court costs to file the claim.

Well unlike the others I'll have a go at answering the question as I have experience of this. In the small claims court the worst that can happen is you will lose your claim completely and have to pay the admin for any counter claim, about £120 last I knew. They will not be able to hire Bob Mssingbird and get full costs etc.

Now if you can demonstrate that you lost a days pay as a direct result of their action, I'd go for it. In reality the judge will decide what they owe you plus your admin costs so even if you do not get the day's pay you will get the minor exes such as phone calls and interest.

80% of small claims are found in favour of the claimant. In my view this is just heavy weight bluster. Go for it, once they know you are serious they'll settle out of court unless they have a robust defence.

I have experience of this and believe me the judges that resolve these are very good at getting to the nitty gritty so be sure of your ground. I applaud you for taking this action, these ticket outfits need a good kicking sometimes.

[hc4361]

It is not their fault you chose to pay for the tickets with your credit card and didn't pay it off in full. You did not have to pay interest, that was your choice.
Why did you need to take a day off work?
You have your full refund and without knowing more it seems that should be all you are entitled to.