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Ben Jones, Solicitor
Category: UK Law
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Experience: Specialist in UK Law with expertise in UK Employment Law
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We purchased an item from this garden center just outside Newcastle

Resolved Question:

We purchased an item from this garden center just outside Newcastle upon Tyne we have been charged £3 extra by their error. We went back with our receipt and item they admitted their error, agreed to pay £3 back but we had to drive 13 miles to and from their location to claim our money, they declined to pay any money for our petrol money.
We sent them a letter explaining our case again and asking a fair and reasonable petrol money for our travel to claim what we have been charged extra. If we have not receive a reply with a reasonable solution within 14 days we told them we would have no other option but to seek a resolution in a small claims court we received no reply after 14 days.
Please guide us for next step.
Kind regards

Submitted: 12 months ago.
Category: UK Law
Expert:  Ben Jones replied 12 months ago.


Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how much are you claiming from them?

Customer :

This is not important for money but a principle as we have been treated badly.

For 26 mile Ju

Customer :

Sorry for the mistake,

About £5

Ben Jones :

Why did you have to drive, could this not have been resolved remotely?

Customer :

You know all major retailers says for refunds exchanges and other problems can only be resolved by presentation of till receipt

Ben Jones :

I am sorry to say that it is highly unlikely that a court would order that your petrol expenses are refunded in these circumstances. Whilst you may have been overcharged, any losses that you have suffered that are reasonable and not too remote in the circumstances would have been the actual amount overcharged, and perhaps any fines you may have incurred by your bank if this overcharge had taken you over your limit. But petrol money would not be included, it is too remote to be claimed.

Also I can tell you with a fair degree of certainty that if you are going to submit claim for £5, you will not appear at all favourably in the eyes of the courts. This would be considered as wasting the court's time because it would be a minor dispute that should have been resolved without the need to involve the judicial system.

Whilst you may be acting on grounds of principle, I would strongly recommend that you do not take this matter further as it may simply end up wasting even more money and time on this.

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to explain the law as it actually stands.

Customer :

I am not convinced what you say, if they have not made a mistake I did not have to drive there it their mistake that made me to drive there, if it was so small claim woould you not think thay would pat something as an apology, their mistake cost us time and effort. In the past number of retailers obliged to this kind of event.

Ben Jones :

I am only giving you a professional opinion which you requested by coming on here - you do not have to agree with my answer. A court cannot force them to apologise and you can only claim compensation from them. But as I have extensive experience with courts, I can tell you that no Judge will be impressed if you go ahead and make a claim for £5. I understand that other retailers have obliged but that is down to good customer service. Providing bad customer service is not unlawful

Ben Jones, Solicitor
Category: UK Law
Positive Feedback: 98.5 %
Satisfied Customers: 34139
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and 8 other UK Law Specialists are ready to help you
Expert:  Ben Jones replied 12 months ago.

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