How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK-Justice Your Own Question
UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
41133288
Type Your Law Question Here...
UK-Justice is online now

Hi, and Good Afternoon. I am thinking of using the small claims

Customer Question

Hi, and Good Afternoon.
I am thinking of using the small claims procedure to obtain a refund in respect of poor servicve from a taxi company.
In brief, my wife and I arrived back in Heathrow after a tiring overnight flight from the US. Our pre-arranged and pre-paid taxi was not there to meet us. After a wait I telephoned them to learn that they had not yet left (from Bournemouth). They say that I had given them the wrong flight information. Actually the airline had moved us from one flight to another so the flight number and arrival time had changed, this some two months in advance. I had passed this to the taxi firm and they acknowledged this (both by e-mail). We were eventually picked up almost three hours late.
Am I right in assuming that poor service can amount to a breach of contract? Can I seek a refund of the whole or part of the journey cost (£84). Can I seek further remedy for the distress caused to my wife who had not slept on the aircraft and was very tired?
best regards
Ken Tullett
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How did you pay?
Customer: replied 4 years ago.

Hello!


I paid by credit card

Expert:  UK-Justice replied 4 years ago.
Thank you.

I can say that yes you can bring a claim against the taxi company.

They are in breach of contract as they have failed to act with all reasonable skill and care.

Your claim for your wife is a little more difficult - this is because if you booked the taxi the contract is with you and not your wife.

You can try and claim but damages would not be any more than £50.

What you can do is seek a refund of the DIFFERENCE between what the taxi cost you and what you had expected to pay booking wise, plus a sum towards distress.

What you cant do is claim the whole lot back because you would have expected to pay the pre-booked taxi.

But write and ask for the difference plus a sum for distress within 14 days or say you will go to Court.

If they refuse then yes you can issue proceedings. You can do this online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

As the claim is below £5000 it will be a small claim and you wont need a Solicitor.

You will be surprised how quick matters are resolved once proceedings are issued.

I hope this helps.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.

Many thanks for this speedy response. Perhaps I did not make it clear that it was the original taxi firm who eventually picked us up. I didn't engage another taxi (from Heathrow?). So there is actually no 'difference' to be claimed. I was just looking for some redress to reflect the level of poor service by an abatement of the fee already paid.


regards


Ken

Expert:  UK-Justice replied 4 years ago.
Thanks.

You could claim for breach but it would be a limited amount.

Less than £100 in total.

I hope that clarifies for you.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

Many thanks for this most useful chat


best wishes


Ken Tullett

Expert:  UK-Justice replied 4 years ago.
Welcome
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice