Small claims court - defendant is threatening to counter claim if I dont accept his offer

gettingtheresometime

If a tradesperson had made the comment that they could collect the car, then I would have asked at that point whether there was a charge for this.....but that's just me.


Secondly why would he be expected to know what the AA charged?

BoGoF

gettingtheresometime wrote: »

If a tradesperson had made the comment that they could collect the car, then I would have asked at that point whether there was a charge for this.....but that's just me.


Secondly why would he be expected to know what the AA charged?

It's not just you.......it's 'reasonable' to expect people to ask the question and not assume it"s free.

OP seems rather guilty of making assumptions and not checking the facts as spelt out by his questions on the small claims process.

I will echo what others have said and say take the £55.

[Deleted User]

Isnt it reasonable for the tradesperson to point out that they could collect but its going to be £100?

KatrinaWaves

[quote=[Deleted User];76126434]Isnt it reasonable for the tradesperson to point out that they could collect but its going to be £100?[/QUOTE]

Of course. Its also reasonable to ask.

Its unreasonable to assume something will be free. You didn't say 'I cant afford to get it brought in' and he said 'oh its okay Ill collect' You said it physically could not be driven, and he said he would collect. There is nothing that implies that a service is free. Services, on the whole, are not free.

You really think a judge will go for 'we didnt discuss any payment terms for this particular service so that means its free'

Take the £45. You are being unreasonable.

foxtrotoscar_2

[quote=[Deleted User];76126434]Isnt it reasonable for the tradesperson to point out that they could collect but its going to be £100?[/QUOTE]
Did you ask the reasonable question of the AA about how much the charge would be to return the car to you?

waamo

If this is dismissed as disproportionate, which I would say there is an extremely strong risk of happening, then you could potentially get no money and have it cost you the filing fee and hearing fee.

I would think very carefully if I were you.

[Deleted User]

I hear you all but come on, do we all really believe here the garage owner did not know exactly what he was doing?

KatrinaWaves

[quote=[Deleted User];76126664]I hear you all but come on, do we all really believe here the garage owner did not know exactly what he was doing?[/QUOTE]

I think youre both as bad as each other. And the judge will too. He wasnt clear on his pricing, and you though 'oooh, if money isnt mentioned, I aint paying for this service'

He has offered to come down to the AA price. The price you would have paid had he not provided the service. Do you really think a judge will see that as unreasonable? The £25 is on you. Honestly youre trying to fight over scraps, and you played your part.

BoGoF

[quote=[Deleted User];76126664]I hear you all but come on, do we all really believe here the garage owner did not know exactly what he was doing?[/QUOTE]

I hope that you wouldn't be your argument in court, but to answrr your question - Maybe, maybe not. All you had to do was say "How much?"

waamo

[quote=[Deleted User];76126664]I hear you all but come on, do we all really believe here the garage owner did not know exactly what he was doing?[/QUOTE]

As a legal argument it's wholly irrelevant. Courts don't deal in principles they deal deal with a reasonable monetary claim.