Total amount for small claims?

MoreSnowPlease

And no they won’t negotiate it. They think it’s fair because they are saying it’s what they would do if i had leased the car from them.

Of course if I was leasing the car I’m sure they would have sorted the issues when they were reported or they would have lost the lease, so I don’t accept this justification.

wesleyad

MoreSnowPlease wrote: »

And no they won’t negotiate it. They think it’s fair because they are saying it’s what they would do if i had leased the car from them.

Of course if I was leasing the car I’m sure they would have sorted the issues when they were reported or they would have lost the lease, so I don’t accept this justification.

Even that argument doesn't seem correct. They are charging you 26p/mile for every mile you have done (13500) but leases don't start charging per mile until after a set amount (normally a minimum of 10k miles, which would be £780). So why are they trying to charge you for the entire amount?

I'd certainly reject. I'd state the miles you have done would normally be charged at £780, and a lease cost for that time frame a (generous) £800 and settle at ~£1600. If they dont take that then carry on with the claim.

MoreSnowPlease

So, they won't negotiate at all.

Therefore, I do want to take them to court, their conduct has been really poor, they don't believe they have committed an offence, they want me to pay entire mileage and have offered an do goodwill gesture target than covering costs.

The questions I have are, do I need to get a solicitor? Should I include the cost of the car in the total claim amount, or, since it's an asset, should I claim only the costs I have incurred and am trying to recover? I do have agreement to take back the car, so I'm go hoping they now won't be able to host go back on that if I don't include it in my total claim amount for the courts?

waamo

If you want to return the car then you will need to include the value of the car in the claim.

If that puts the value of the claim over £10k I would seek professional legal advice as you are able to claim reasonable costs back. Under £10k it isn't worth legal advice as costs are extremely limited. You may not get all your costs back over £10k but should get a significant proportion of them.

MoreSnowPlease

Ok thanks for all your help! Now to find a solicitor...