Is This A Possibilty?

[Segilla]

I have to be circumspect but assure readers that this is a factually backed situation.

For work alleged to have been done, the large bill was settled but after investigation it was found that the company grossly overcharged and the excess was eventually refunded.

In order to get at the truth around £100 was paid to the firm to get them to provide copies of invoices etc. [This may seem odd, but it was necessary].

My contention is that since they admitted liability for what at best can charitably be described as a mistake, then the investigation charge should be refunded as well. They have refused to pay.

If they were to be presented with a bill for the £100 - and it is rejected, which I'm sure it will be - is there any prospect that they could be pursued in the Small Claims Court?

Since this is a cost borne among several people, can a joint action be initiated?

[grasscarp]

If it were me I would submit a bill to them. They may pay it. If they didn't I would just put it down to experience. It is not a huge amount and the time and effort to take them to court would not really be worth it.

[Segilla]

Thanks.
There is also outstanding another separate matter for a much larger amount, so I want to explore the theory of pursuing the malefactor via the SSC as outlined.
As a manoeuvre, is it likely to work?

[ll_billym]

Tough to get it back now unless there was an agreement in place before the payment that they would reimburse you under certain conditions.

[grasscarp]

You will have to take legal advice. There are people here with necessary knowledge and hopefully they will comment. I was just saying if it were me what I would do.

[ll_billym]

My answer was written before I saw yours. If the larger amount is for exactly the same thing as the £100 then it's worth testing, but do it for the larger amount first. If not then you won't be 'exploring the same theory'.

[Peter Pedant]

.

I dont understand why the refund didnt include the £100.
The company COULD argue that it is included in the refund.

Otherwise, send in the invoice for the £100 and make it clear that this has to be paid to ward off court action.

Actually the only thing you have to plead in a small claim is negligence and this isnt a case of that - so you dont have to say what bit of the law you are relying on.

I thik it may be this:
http://en.wikipedia.org/wiki/English_unjust_enrichment_law

but you dont have to plead it - all you do is put down the facts:

[ They made me pay £100 to gather evidence that they had overcharged }

The claimant should be the person who paid the £100
so long as he also had a loss

The first thing is to send in the bill and make it clear that you will go to small claims

[Segilla]

Thanks to all for your comments.
These matters will now be progressed with the threat of the SCC as the final sanction. And it will be carried out, if only to name and shame.

It will take time, but please be assured I'll report fully in due course.

[pixie373]

You need to invoice them anyway- if only to prove they are refusing to pay. Otherwise, they'll just say you haven't asked for it.

[Segilla]

I have applied again for reconsideration citing additional unchallengeable evidence that the charge should have been invoiced to someone else, but it has been refused. If I don't like it I'm told to go to the Mediation Service.
Having read the web page, I agree that it is the first port of call but in view of the company's repeated refusals to back down, do you think that is sufficient reason to bypass mediation and go straight to the Small Claims Court?

In a few days time i will post the underlying story.


that

[Segilla]

A resident moved from her flat Oct 2011 and later died. Meanwhile, her stair lift, provided by the Council was removed by contractors employed by the Managers. Three men were used, one of whom was on site supposed to be gardening and they took out 22 screws or bolts, did some very minor redecoration, unplugged a lead from the mains and took away the stair lift. The flat was sold August 2013.

It was for the owner or her executors to pay the bill for £546!!! but it was charged to residents who on querying the matter were told that once a flat had been sold nothing could be done about any disputed charges.

The Managers of the 40 flats here are a £3bn+ business controlling thousands of dwellings and boast on their website:-

Corporate responsibility is at the heart of what we do

Everything we do is ethical and responsible

and

We will treat everyone fairly.