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small claims question



 
 
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  #1  
Old April 2nd 06, 07:45 PM posted to uk.legal.moderated
Wibble
external usenet poster
 
Posts: 2
Default small claims question

I wish to take a company to court. I hired them to carry out a service.
They never turned up and I had waste 6 hours of my own time sort out the
problems this caused and hiring another company.

Thankfully I never paid them as we were suppose to pay when they turned up.

Can I still take them to the small claims court as at the moment they don't
own me anything? Can I compensation for wasted time or costs to hire
someone else?



  #2  
Old April 2nd 06, 09:50 PM posted to uk.legal.moderated
Mark Goodge
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Posts: 2,076
Default small claims question

On Sun, 2 Apr 2006 19:45:05 +0100, Wibble put finger to keyboard and
typed:

I wish to take a company to court. I hired them to carry out a service.
They never turned up and I had waste 6 hours of my own time sort out the
problems this caused and hiring another company.

Thankfully I never paid them as we were suppose to pay when they turned up.

Can I still take them to the small claims court as at the moment they don't
own me anything? Can I compensation for wasted time or costs to hire
someone else?


Short answer: No. At least, not in the small claims track. If you had
suffered quantifiable financial loss then you might be able to sue
them for that, but compensation for inconvenience is beyond the scope
of the small claims track. You may still have a claim against them,
depending on the contract, but it's likely that it will cost more to
pursue than you would win if you did.

Mark
--
Visit: http://www.ukcommunityradio.info - Community Radio in the UK
Listen: http://www.goodge.co.uk/files/dweeb.mp3 - you'll love it!

  #3  
Old April 3rd 06, 12:50 AM posted to uk.legal.moderated
Nick
external usenet poster
 
Posts: 1,440
Default small claims question


"Wibble" wrote in message
...
I wish to take a company to court. I hired them to carry out a service.
They never turned up and I had waste 6 hours of my own time sort out the
problems this caused and hiring another company.


I am not quite clear what you mean that you had to waste 6 hours of your
time to "sort out the problems this caused"

Do you mean simply that you had to take an extra 6 hours off work?

Are you saying that there was extra damage incurred by the fact that they
didn't turn up?


Thankfully I never paid them as we were suppose to pay when they turned
up.

Can I still take them to the small claims court as at the moment they
don't
own me anything? Can I compensation for wasted time or costs to hire
someone else?


I am not clear why they would owe you anything. Are you suggesting that if
you were already doing business with them you could withhold some money.

I would imagine that if you have not used them before you just write to them
informing them that you will never make use of their services again.

Nick



 




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