Re: water company harassment.
- From: "tim....." <tims_new_home@xxxxxxxxxxx>
- Date: Tue, 15 Sep 2009 13:28:42 +0100
"Bob Ferguson" <robert.ferguson@xxxxxxxxxxxx> wrote in message
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"Ste" <ste_rose0@xxxxxxxxxxx> wrote in message
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On 14 Sep, 13:20, "Bob Ferguson" <robert.fergu...@xxxxxxxxxxxx> wrote:
"Mike Ross" <m...@xxxxxxxxxxxxx> wrote in message
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On Fri, 11 Sep 2009 16:21:43 -0700 (PDT), Jethro
<jethro...@xxxxxxxxxxx>
wrote:
On 11 Sep, 18:36, Mike Ross <m...@xxxxxxxxxxxxx> wrote:
On Fri, 11 Sep 2009 18:05:53 +0100, Robbie <ngrobbi...@xxxxxxxxxxx>
wrote:
version wrote:
They offered 200 in compensation and have set aside the ccj
stating
that the service had been very poor and inappropriate.
In total there were over 200 demands for payment, dozens of legalWhy didn't she contest the case when she was taken to court and
threats, countless phone calls and a ccj. I know to some people
£1200
is not alot of money but to her it makes a huge difference. That
money
was needed to look after her young kids
before
a
CCJ was issued? Also, she should have contacted an organisation like
the
CAB or a consumer watchdog.
Preumably she did, but the judge sided with the water company.
She'll never get £2,000.
She might well get more; IMHO she shouldn't be asking for
'compensation', she
should make a good-faith estimate of how many hours she spent dealing
with this
over the years, allow herself a decent rate - say double minimum
wage -
and
issue an invoice to the water company for this amount. If they don't
pay
it, she
should have them in court.
You can't claim for lost time.
She's not claiming for lost time, she's *invoicing* them for the work
they
required her to do.
You can only recover what you have actually lost. Since the time didn't
actually cost her anything at all, that is all she can claim for it.
That is an absurd reasoning, otherwise in the eyes of the law one's
own time and effort could never have a value ("because it doesn't cost
you anything").
The question here is not about what sterling figure we put on that
time, but of the cause of action - after all, where there is no
remedy, there is no wrong. And as I've said, as a last resort I think
an equitable claim for restitution could be made out here.
----------------
The law is clear on the point. You can only recover loses that you have
actually incured. If a loss doesn't cost you anything then you cannot
recover it. The time expended on writing your letters did not cause you
any financial expenditure at all therefore there is no loss to recover.
You may regard it as unfair but that's the way it is.
Though what annoys me about this is the way that people extrapolate it to
say that if you have to take a day of your employment holiday to deal with
something or other, this isn't a cost as you've been paid for the day (like
the actual holiday allowance doesn't have a value)
tim
.
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