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Hello and thanks for requesting me
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I have sent the letter before action by email already so today I posted the second one first class not signed delivery.
Ok - thats good
You can show then at least they have received it
Woops return send message prematurely. It is hard to set out costs as we drove in an electric car so impossible to show fuel receipts. I think it costs about £80 to take them to court even using moneyclaim site doesn't it? They say they don't have to refund me as I am not a customer! What would be the chances of winning?
You could claim 45p a mile which is the HMRC rate
Minimum fee £25 online
I think you have a reasonable chance of winning
Does that help?
Yes thanks, ***** ***** being a customer is just B.S. as I expected it would be and shutting my on line complaint down saying it was settled was just diversionary tactics? If you could confirm both those points to be correct I will provide a big smiley.
Yes you dont have to be an actual customer.
And can they shut down an on line complaint thread saying it has been settled/satisfied when clearly it has not?
Oh and was my emailed Letter Before Action the only one I needed to send despite their objection asking for a posted written version?
Ok - but this makes no difference to your claim. If they responded to your letter before action that is enough
Does that clarify?
They haven't responded to my LBA though. Unless providing a name and saying I have to write to that person and post it could be defined as a response. They had it via their web complaint line and then tried to say that was of no significance so my question to you was...was the original enough for them to have to reply to? This is important as I set a deadline of 14 days and today I have resent it by post to be sure they got it but if they get that tomorrow they now have about 4 days less to respond.
As I have not changed the wording regarding the deadline.
If they have responded at all that is enough.
The reply no matter how small is enough to submit a claim
I think so, so are you saying as long as I have either emailed them or used their on line complaint sytem to transmit my LBA they cannot ignore it and are bound by the deadline I set originally? Thanks
Indeed, that is correct
Is that ok?
Yes Thanks, ***** ***** rate this, will I be able to let preferably you or the site know how this plays out probably after this 7 day free trial ends, which by the way I am very grateful for along with your advice?