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Proof of Purchase. I had a court hearing with a builders merchants

as I suspected I had...
Proof of Purchase. I had a court hearing with a builders merchants as I suspected I had been charged for goods not supplied. I had also been overcharged. This was not the first time this had happened so I refused to pay any more money until the overcharging was rectified and proof of purchase supplied. The merchant did not supply proof of purchase until the matter got to court. There it was shown I had indeed been overcharged several hundred pounds and charged hundreds of pounds for goods not received. I had asked prior to the court hearing for proof of purchase for invoices already paid which equates to the entire period I held an account with the merchants. They have refused to do this. I believe I may have been charged several thousand pounds more than I should have. Despite the judgement for some of the claim in court I have refused to pay this until proof of purchase is supplied for invoices paid. They also supplied me with an incorrect unit which they refuse to rectify. I have been granted appeal over the costs and interest of the original hearing. I have always made it clear to both the merchant and the court that I would pay any amount proven that I owed but that could not be ad juiced until all proof of purchase were supplied by the merchant. My argument of costs and interest is that the likelihood is that I have been overcharged considerably more than the judgement. The merchant also refuses to rectify the faulty and incorrectly supplied unit. Had the merchant supplied the proof of purchase and refunded the overcharged amounts court action would not have been required and therefore I should not have to pay their costs or interest. I am also arguing that it is still my believe that I have been overcharged far more than the judgement which I asked to be taken into consideration. What can I do as far as my appeal on costs and bringing action over the merchant providing proof of purchase for paid invoices. What can I also do over their refusal to rectify the incorrectly supplied and faulty goods which have been paid for?
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Answered in 13 minutes by:
9/19/2013
James Mather
Category: UK Law
Satisfied Customers: 22,629
Experience: Senior Partner at Berkson Wallace
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Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
what is the sum of your costs?
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Customer reply replied 4 years ago
I represented myself therefore it is neglible what I could or can claim. The issue I have is the judge awarded the claimant their costs and interest. The two total £900. I shall find now the exact figures
Customer reply replied 4 years ago
Relist: Other.
No answer given
Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33,126
Experience: Award winning lawyer with over 15 years experience
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Thanks for your question. Please remember to RATE once you get my answer.

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Customer reply replied 4 years ago
Hello there are two questions a) how best can I go about my costs appeal given the above information and b) what can I do legally over their refusal to supply proof of purchase and rectify incorrectly supplied and faulty goods
Can I check one other thing - was the matter considered at a small claims court hearing or fast track hearing and when roughly?
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Customer reply replied 4 years ago
Small claims and June 2012
Have you appealed this decision?
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Customer reply replied 4 years ago
Yes as stated above. The judge was very arrogant and stated when questioned over costs that he would not allow an appeal. When a asked for a recording of the hearing for the transcription it was "corrupted beyond recoginition" so it could not be deciphered what had happened at the hearing. I have not been granted appeal for the judgement, only the costs this is something I feel is most unjust. It feels like the judges closing ranks when clearly one has acted incorrectly.
On the question of costs you will have to show that the costs were not appropriate in the small claims court in light of your position in this matter - namely that you were awaiting evidence from them as to the sum owed. There is a risk that should you not succeed then you will potentially be liable for greater costs. As to the question of the proof of purchase it depends as to whether this is a fresh dispute or the one already litigated. If it is a new action then you can seek pre action disclosure of the documents from the otherside
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Customer reply replied 4 years ago
I asked for the proof of purchase be taken into consideration prior to the hearing. The claimant was claiming for only 6 weeks worth of goods. We were starting to smell a rat and refused to pay our account unless proof of purchase was supplied for the unpaid invoices. When limited collection and delivery notes were supplied we could plainly see we had been overcharged and charged for goods not received. It was only these six weeks worth of goods that the claim was for. Due to the notes for this limited period proving our suspicions we asked for all collection and delivery notes for the entire period we held an account. Our belief is on the balance of probabilities that we have been charged an amount far greater than the judgement and that judgement could not be made until the claimant supplied these notes.
If this is a matter which has not been considered by the court then you would be able to set out in a pre action protocol letter the basis of a claim against them and seek by way of pre action disclosure copies of the documents

Please remember to rate
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Customer reply replied 4 years ago
Thankyou that has cleared up part b). Coming back to a) what legal points must I look at addressing?
On the basis that you are disputing the actual making of the costs order - then you should be stressing that this was a small claims hearing and that you acted appropriately in defending the claim - that you did not act unreasonably in defending the case for the reasons that you have basically set out and as such the DJ was wrong to make an order for costs against you. There is always a risk appealing and if you are not successful then you will be liable for their additional costs.
Thomas Judge
Thomas Judge, Solicitor Advocate
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