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    • Ok, so as you have been overcharged you now need to be pragmatic and first of all request a refund by making a complaint.  In this first complaint do not go on about what argument you had and what conduct the inspectors were following.  Concentrate on highlighting the fact that you must get a refund because they overcharged you.  People looking at complaints receive thousands everyday and anything longer than a few lines is usually misunderstood.    After you receive your refund, then you complain about the conduct of the inspectors,  as a completely separate matter. I note that you were offered a refund, an argument broke out and you were escorted out of the station. This will not play in your favour as all inspectors would have taken note of this in their notebook and possibly complete an incident report form with their version of events. Frustrating but that's how it is, that's why I said to be pragmatic. 
    • agree with DX100uk on the reply. Every time I have replied or complained about those firms to the FO and FCA they take an age to come back and even then its with nothing new as they cannot do anything. for what its worth my debt is over 70k and even that has been inflated ! so no worries there. There are many thousands out there in the same situation.   In regards to COB and even Stepchange don't even bother as they have no idea themselves something which I complained to the FO about as CWD and IDR use in there letters to seek advice when they know full well that no charity or debt company know anything about the debt in dubai situation so this is again unfair to be using this. what also annoys me is that nobody ever signs off letters its IDR or Moriaty law etc !!!!    I have never supplied my financial details and never will and only when and if and I will repeat when and if that the debt i owe is purchased by a UK firm or indeed taken through the correct channels or courts then I will defence myself.   It makes me alugh that they think a small c;laims court understands everything that goes on and dont understand the full picture of laws that are broken and sometimes human rights also.   The best one to date for me was in 2011 imagine my new job and my new partner and some stupid collection agency in Dubai send a Fax to my director about my debt !!!! embarrassing but at the same time good to get it off my chest. they then called my partner in her work !!!! (yes this was the first time she found out about everything again good to talk) against the law, against any laws but this is how the banks and the agents work similar to those of CWD, IDR and I think Moriaty    dont pay a penny !  
    • Andy, thank you so much for your help. dx100UK  the date is 25 Jul 19   Is it ok to send now?
    • Your Rent. Bills. Council Tax etc 99.999% important.  Moriarty  0.001% important. Don't take food out of your kids mouth's to pay them.
    • Dx: half the comments they have put are not relevant or apply to anything we have stated. So not about to throw the towel in just yet.
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Karlos1

Claiming expenses after successful defence of claim

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Just after a bit of advice. I have successfully defended a claim brought against me and at the end of the hearing I asked the Judge if I could submit financials for consideration. I was told I could claim £45 for a half day hearing attendance but no more. The case has actually cost me £1200 to defend (time off work, mileage, parking etc) which is of course a tad annoying. Seems unfair that I can be dragged through the civil legal system, win the case and be out of pocket. Is this normal?

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Was this a small claim? If so, the amount that can be claimed for expenses is extremely limited. I'm also finding it a little difficult to work out how it could have cost you £1200 to defend unless you instructed a solicitor.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Was this a small claim? If so, the amount that can be claimed for expenses is extremely limited. I'm also finding it a little difficult to work out how it could have cost you £1200 to defend unless you instructed a solicitor.

 

Yes it was small claims court. £1200 in lost wages due to the hours spent writing my defence etc ( I work for myself and charge by the hour).

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Unfortunately costs in small claims are limited to £50 plus time spent at the actual hearing. Whilst frustrating, this is so that people aren't put off using the Courts because of the risks of paying the other parties costs, which are often completely disproportionate to the amount of the claim.

 

I appreciate that someone who is self-employed often works very long hours, but most people would have been able to deal with the paperwork around their work commitments. The only chance would have been if you could prove that the claimant's behaviour was unreasonable from the outset, but that is a very high bar to cross and the fact that they lost is nowhere near enough.

 

It may be small consolation, but at least you did win.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes it was small claims court. £1200 in lost wages due to the hours spent writing my defence etc ( I work for myself and charge by the hour).

 

Long Defence at that rate? self employed - ever been on a jury and tried to claim over above their figure


:mad2::-x:jaw::sad:

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Long Defence at that rate? self employed - ever been on a jury and tried to claim over above their figure

 

Took a lot of time to put together. No, never been on Jury duty thankfully!

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Llp rate would have to show how got to the figure, even high grade solicitor has a ceiling by grade on cost etc, you are dreaming in regards that figure and be shown as a chancer by a judge,, no doubt they will see straight thru it, jury i.e self employed , by the way jury service is not voluntary you would need a good excuse not to attend, but the experience can be an eye opener for you of what things are happening around you that you do not know.


:mad2::-x:jaw::sad:

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Llp rate would have to show how got to the figure, even high grade solicitor has a ceiling by grade on cost etc, you are dreaming in regards that figure and be shown as a chancer by a judge,, no doubt they will see straight thru it, jury i.e self employed , by the way jury service is not voluntary you would need a good excuse not to attend, but the experience can be an eye opener for you of what things are happening around you that you do not know.

 

Yes, appreciate that there are ceilings etc. I'm not self employed but company owner. It's very easy to reach £1200 very quickly with hours put in and mileage, parking etc etc. Just seems unfair that someone can be dragged through the legal process, win the case and be out of pocket. Never mind, it's all done now so time to move on I guess. As for Jury service, one of my lads has just done it this month. Very interesting by all accounts although I would rather not get called up personally.

 

Thanks for the replies all.

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unfortunately that is the so called legal service of this country, when you think the DJ is on £100,000 + per year and causing misery in most cases


:mad2::-x:jaw::sad:

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As mentioned above..this is the norm in a small claim...as a litigant in person in can work to your advantage, for example many companies need to employ a solicitor at a cost of at least £100 - £200 per hour, on the small track they cant claim this back so its often uneconimical for them to chase you for small amounts.

 

Actually losing £1200 does sound excessive to be honest, as mentioned you should be able to fit the work around your work..actually having days off and losing money is rare.

 

There are some ways to get costs (this is how you should refer to it)...first is to use the strike out process to get rid of the claim completely (or partially) at a very early stage, pre-allocation, pre-allocation means before it has been allocated to track (small) and therefore the normal costs rules DO apply. The otjher is to point out to the judge the other side behaved unreasonably or did something that made you incur more costs or dragged the dispute out.

 

Read the CPR as all of this is covered > https://www.justice.gov.uk/courts/procedure-rules/civil

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