Car mechanic problems!

[Ganymede]

Doesn't work like that unfortunately.

[needadvice1]

I'm sure I saw a thread somewhere that said you can claim around £10 per hour of wasted time.

 

Also, I am a part time trader of car parts and this took me away from that activity,

 

but as with any business, the revenue is not constant so how would I be able to quantify

the worth of my wasted time?

 

Need help urgently please

[steampowered]

I'm sure I saw a thread somewhere that said you can claim around £10 per hour of wasted time. Also, I am a part time trader of car parts and this took me away from that activity, but as with any business, the revenue is not constant so how would I be able to quantify the worth of my wasted time?

 

In small claims track, you can be awarded costs at the litigant in person rate of £18 an hour if the other side is deemed to have behaved unreasonably. These costs are a substitute for the costs that you would have otherwise paid to a solicitor and would only apply to time spent on the litigation itself, not to time trying to sort the problem. So it would not apply for time spent until you actually come to start writing your claim form. This sort of costs is also quite rare as 'behaving unreasonably' has been interpreted quite strictly.

 

For time spent sorting out the problem, this can be claimed for but only if you have suffered quantifiable financial loss. This would be the amount of profit you lost as a direct result of not being able to do your normal business while sorting out the problems. This will be difficult to quantify so you'd have to come up with a reasonable estimate. If this gets to court, you would need to be able to explain how you arrived at that estimate and would ideally have some accounts to support your calculation. This sort of claim is linked only to the amount of loss you have suffered and is not linked to any particular hourly rate.

[needadvice1]

Understood. Many thanks.

 

and at what rate can I claim for fuel costs...?

[steampowered]

Make a reasonable estimate of how much the fuel actually cost you.

[needadvice1]

I cant remember what price I paid for fuel. would the 45p per mile HMRC rate do?

[steampowered]

Yes, that sounds sensible.

[needadvice1]

thanks

[needadvice1]

ok,

 

I had a call from the CC company,

they said that the £18/hour rate I used as my time for preparing the claim is excessive and not normal.

 

can someone please confirm whether this is correct or incorrect?

 

he said that he would dismiss that part of the claim.

 

is this just a scare tactic? or him trying to get me to back down?

[dx100uk]

I think you might have read that about court cases +£10k in fast track

£18phr is the costs you could claim when a court claim is over £10k thus fast track

litigant in person costs.

[needadvice1]

I think you might have read that about court cases

£18phr is the costs you could claim when a costs order has been made in court.

litigant in person costs.

 

only half understood that, does that mean the 18/hr rate is not applicable? someone within this thread told me it is...help?!

[dx100uk]

you need to read post 28 properly it doesn't say use that...

 

 

dx

[needadvice1]

I just read it again and to me that says 18phr is correct in the way that I used it.

 

can someone actually help me?!??!

 

I just got a call from MBNA saying that my claim is dismissed

and this 18phr stuff is totally rejected.

 

can someone who speaks normal English explain the 18phr rate?????

 

what kind of forum is this???

 

also, if they say that I cannot claim under s75,

 

does that mean I can take the merchant

 

and the bank to small claims court?

[AndyOrch]

MBNA cant dismiss a claim ...only the court can.

 

No particulars on your thread of what you have actually claimed or what stage you are up to so difficult to advise any further.

 

Andy

[needadvice1]

can I email someone my claim so they can look at it?

 

I don't really want to put all that info on the net..

 

..my query was about this magical 18phr rate that I thought I could claim but apparently I cant (according to MBNA).

[AndyOrch]

You can only claim £18 per hour on wasted costs which is only applicable to Fast Track claims (over 10K)...if this is a small claim track claim your costs are restricted anyway and you can only claim the court fee.....should you be successful in the first instance.

 

If you would like to PM the details of your particulars and I will discuss it with the Site Team.

 

Regards

 

Andy

[needadvice1]

thanks for explaining the 18phr thing in English so a layman like me can understand it.

 

I obviously look like a total noob in front of the bank now so I expect they are trying to scare me off with their response.

 

I will PM very soon,

 

many thanks Andy.

 

how do I attach a doc?

[honeybee13]

how do I attach a doc?

 

On a PM?

 

HB

[AndyOrch]

You cant...just type out the particulars...did you submit it on MCOL ?

[Conniff]

Original text edited out as answered by your attachment.

 

The maf and software update were done at the BMW dealer?, were they both done at the same time ?

 

Also, you say "Upon picking the car up, I did a quick test to see if the sensors worked-they were still not working. I paid in full"

 

Why on earth would anyone pay for work not completed or carried out ?

Edited August 31, 2015 by Conniff

[needadvice1]

the maf exchange was done by me, it was a very simple job so I just did it.

 

the software update was done by a BMW specialist. not done at the same time.

I put the money through the letter box before I did the test.

 

also, I wasn't too worried at the time because I had been going to the merchant for years

and he had always been very honest and trustworthy.

I just thought, people make mistakes, we are all human, he will sort it later. not a big issue.

 

I know it seems weird but that's just the level of trust I had built up.

he trusted me enough to know that I would pay him and take the car,

I could have easily taken the car and not paid him on many many occasions

. he trusted me, I trusted him, that's just how it was.

 

You cant...just type out the particulars...did you submit it on MCOL ?

 

not MCOL, I went through the bank's procedure. if thee merchant does not come back with a reasonable offer, I am looking to go the MCOL route and court if necessary.

 

Hi, just wondering if the site team had any news for me?

[AndyOrch]

With regards to what Needadvice?

 

Andy

[needadvice1]

apparently you guys were reviewing my claim?

[AndyOrch]

There was some confusion with regards to you stating that you had made a claim...I thought it was a court claim...it transpires it is a section 75 claim.Within that claim you requested costs as a Litigant which the creditor then rejected the whole claim.

 

You cant request Litigant costs with a section 75 claim...a section 75 claim is not through a Court. You are a consumer not a Litigant.

 

Regards

 

Andy

[needadvice1]

ok so do I need to re-do it as a MCOL and that's problem solved?