Small Claim Court - Allowable claims

Bonzodog

Hi Forum Members

I am issuing a small claims action against the company from who I purchased a mobility scooter on the basis that the machine is not fit for purpose. I understand about claiming the purchase price and court fees. What I wish to know is whether I can also claim for loss of use/inconvenience (the machine has been garaged since shortly after purchase) as the machine was my sole means of mobility.

Any guidance would be greatly appreciated.

da_rule

You can always claim it and the court may award it if you can show enough of a loss.

However, if it isn’t awarded and if the amount you claimed means that you’ve paid a higher court fee, you may not get the entirety of the fee back.

If you’ve incurred additional losses, such as using a taxi where you would have used the mobility scooter, then you could also claim for these.

Have the company, following your letter before action, not given any indication of their defence to your claim?

Bonzodog

No. They've not been of much help at all. Extremely off-hand, almost to the point of rudeness and up to all sort of excuses in order not to honour their guarantee. They're new to this market sector and don't appreciate that adequate customer support is vital, maybe more so compared with other market sectors.
BTW, thanks for the response, especially at this of night/morning.

BoGoF

You mention guarantee, is this manufacturs guarantee or retailers? Who is it you intend taking to court?

What makes it not fit for purpose?

wagtamm

Bonzodog wrote: »

No. They've not been of much help at all. Extremely off-hand, almost to the point of rudeness and up to all sort of excuses in order not to honour their guarantee. They're new to this market sector and don't appreciate that adequate customer support is vital, maybe more so compared with other market sectors.
...

Have you considered mediation?

They are very good at, ... well, mediating (:D)...between the parties to obtain a resolution to a dispute, particularly where the parties involved are unable to communicate in a pleasant and reasonable manner in trying to reach an agreement out of court. Court action should only be pursued as a matter of last resort.

Ectophile

You can claim things that result in a measurable financial loss on your part.


If you had to take taxis, and remembered to get receipts from the drivers, then you might put in a claim for that.


But "loss of use" doesn't really mean a lot, especially if you're also claiming back the full price of the scooter. You'd end up claiming more than you ever paid for the thing.

hollydays

What couldn't the machine do?

TripleH

Have you ensured the scooter has been stored appropriately and looked after? If it has been left in an environment detrimental to it (and against the recommended location to store such a vehicle per the guidelines when you acquired it), this could be used against you to argue you have not taken reasonable care yourself.

You also need to demonstrate you have taken every step to minimise expenses. If you order a stretch limo to go shopping when a fiat 500 taxi would suffice (purely an example) this claim would be rejected.

Please be prepared to justify or able to explain every expense you are claiming for and why it was reasonable. Best to think now before submitting