Vehicle recovery company threatening me with a CCJ?

husscuss

Hey guys, I've just signed up because i'm being threatened with a CCJ and wanted to know where I stand.



I have breakdown cover for my car. The recovery company i'm with acts as an agent and subs its work out to other companies. Recently I had a car that failed to be recovered due to being 'unroadworthy'. I was informed by one of the agents over the phone that they would be sending me an invoice for the failed recovery. The company says that my policy dictates that I am liable for the charges. I haven't heard anything else for two weeks until today.



Today I received two letters, one dated 14th September, and the other 21st September. The letters ask me to pay £90, with a cost breakdown.

The second letter is a final demand, and they want payment within the next seven days or "We will have no alternative other than to issue a county court claim."


So i'm just wondering, is it normal to issue a CCJ for such a small amount? Or is it just a scare tactic?
I've had debt collection agencies onto me before for parking fines. The companies threaten you with all sorts but nothing ever comes of it. Just wondering if it's more of the same or something a bit more serious?


Thanks!

[Deleted User]

Of course they can if you do owe the money.

Plus you’ll have interest and court costs added on as well

husscuss

That's not what I asked.

sourcrates

Hi,

It’s always difficult to tell if it’s a bluff, or a real threat.

Debt collectors are notorious for such behaviour, 99% of the time it’s bluff, private companies who rely on the business however, can be a different story, Ive seen county court claims for less than £50.

It costs very little to issue a claim online, so the best answer I can give you is, it’s a possibility, and you should treat it as such.

[Deleted User]

You asked if it’s likely they’ll issue a CCJ.

My answer was an appropriate response

Enterprise_1701C

I know nothing about this, but I would be questioning why the car failed to be recovered due to being "unroadworthy", surely that is why cars need recovering?

What recovering organisation are we talking about here?

jimbo26

Enterprise_1701C wrote: »

I know nothing about this, but I would be questioning why the car failed to be recovered due to being "unroadworthy", surely that is why cars need recovering?

What recovering organisation are we talking about here?

It's common for a recovery company to not recover a car that is unroadworthy ie in a dangerous condition. A friend of mine is a recovery driver they check the MOT is valid as well before commencing a recovery, no MOT no recovery.

jimbo26

In answer to the OP, if you are after a definitive answer then you are going to be disappointed. They may chase it, and will be perfectly within their rights to do so, bearing in mind any extra costs will be passed onto you. On the other hand they may choose to right it off.

My advice would be pay it, it's only £90 and could turn into a lot more.

I suspect you will choose to ignore most of the advice, and ignore it as you come across as a bit of a chancer. You may get out of paying £90, you may end up paying a lot more, who knows.

AnotherJoe

I would say if you are in such a position that you are debating whether to pay £90 for something you owe, you can't afford to be in a position of having a CCJ and and having to pay maybe £250-£300, and so cant afford to take the chance its a bluff.

fwor

husscuss wrote: »

I've had debt collection agencies onto me before for parking fines. The companies threaten you with all sorts but nothing ever comes of it. Just wondering if it's more of the same or something a bit more serious?

The difference here is that parking fines are often issued on shaky grounds, and are quite likely not to be legally enforceable.

Assuming that the recovery company really does have a term in the contract that you have with them that says a recovered vehicle MUST be roadworthy and it was demonstrably not, it's hard to see what defence you could put up. Given that you will end up paying their costs as well, it seems that they would have little to lose by taking court action, even for "only" £90.

If I were in your position, I would pay it.

PRAISETHESUN

They are well within their rights to take you to court to reclaim any unpaid money. I've seen some pretty pathetic small claims before so there is no reason to assume that they are only bluffing - they have the next 6 years to take you to court to reclaim their money before it is statute barred. Any legal costs are typically added onto the bill, so they have nothing to lose really if they believe they have a good case (which from what you say it sounds like they do) - the £90 will probably balloon into something much larger, so just nip it in the bud and pay it now