Total amount for small claims?

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  • da_rule
    da_rule Posts: 3,618 Forumite
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    edited 28 March 2019 at 8:28PM
    You can claim up to £100,000 via MCOL.

    The different values relate to which track it is likely to be allocated to. The general rule is that claims worth less than £10k (unless they are particularly complex or possibly contain human rights issues) will be allocated to the small claims track. £10-25k is usually allocated to fast track and £25k+ is usually allocated to multitrack. The court has discretion, so a very simple debt claim for £10,500 could still ultimately end up in small claims.

    The difference between small claims and the other tracks is the procedure. You are more likely to have directions hearings outside of small claims. You are also likely to have to deal with disclosure, plus a myriad of other procedural rules that will have to be abided by. Also, the court is less forgiving outside of the small claims track. Also, costs outside of small claims can be extensive and sometimes determining costs can be the subject of a hearing of its own. Also, if you get things wrong, you may end up winning you claim but having an adverse costs order (i.e. you have to pay the other sides costs) and these costs may only be slightly less (or even more) than your damage award.
  • I'm still not sure if I need to include the car cost as part of the claim?

    Or am I only claiming for additional costs incurred and then 'asking' for the vehicle to be returned by court order on top of that.
  • Why would there ever be a situation where you won your claim but we're responsible for paying the other sides costs?
  • waamo
    waamo Posts: 10,298 Forumite
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    Why would there ever be a situation where you won your claim but we're responsible for paying the other sides costs?

    There wouldn't.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    waamo wrote: »
    There wouldn't.

    There would ... if the judge found that the claimant's conduct was unreasonable. The claim may be valid, but the conduct whilst handling the claim may breach CPR 27 g (I think) wherein extended costs for unreasonable conduct can be applied.
  • OK,I don't think that would apply. The car is actually still having issues intermittently so I am going to go ahead and claim I think.

    The company have recently agreed to accept the return, but they want to charge mileage costs for the entire time I've had the car. I'm offering to pay mileage costs up to the time I brought the issues up with them as they have dragged out the process considerably since then, knowing that I have a disabled son and the car is essential for us so I had to keep using it. I don't believe I should pay for the usage for that reason.

    Do you think that's fair?
  • waamo
    waamo Posts: 10,298 Forumite
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    OK,I don't think that would apply. The car is actually still having issues intermittently so I am going to go ahead and claim I think.

    The company have recently agreed to accept the return, but they want to charge mileage costs for the entire time I've had the car. I'm offering to pay mileage costs up to the time I brought the issues up with them as they have dragged out the process considerably since then, knowing that I have a disabled son and the car is essential for us so I had to keep using it. I don't believe I should pay for the usage for that reason.

    Do you think that's fair?

    How much are we talking about? For a relatively small sum it might not be worth the effort when you've got a guaranteed win on the table. Especially as they can legally deduct fair usage.

    It's not a particularly strong argument you have. Personally I would be minded to accept their offer rather than risk court.
  • Well they want me to pay around £3000 in mileage costs.

    I told them formally about the fault in December and it’s taken until now for them to agree to take the car back, forcing me through mediation. On something which is pretty straightforward in CRA 2015.

    Informally, I told them about the fault at point of purchase and again a few months later. But I don’t have proof of this as it was face to face and over the phone.
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Well they want me to pay around £3000 in mileage costs.

    I told them formally about the fault in December and it’s taken until now for them to agree to take the car back, forcing me through mediation. On something which is pretty straightforward in CRA 2015.

    Informally, I told them about the fault at point of purchase and again a few months later. But I don’t have proof of this as it was face to face and over the phone.

    £3k seems a bit steep to be fair. Will they negotiate further? I would be minded to reject that offer.

    In saying that what kind of mileage are we talking about?
  • I think it’s £3500 actually, I had done 8000 miles when I formally told them of the fault in December. Now I think it’s closer to 12 or 13k miles. They want 26p /mile

    Plus they want to charge for any damage to car (shouldn’t be any but I’m sure they’ll find something tiny and charge a fortune) and they are posing it as ‘we will buy back the car’ which I’m not really sure sounds as if it’s legally correct. I am returning the car under CRA rules. I feel like they are trying to pull me into accepting something which will lose me my rights.

    They also offered £175 good will gesture. But I’ve asked for them to cover my costs instead in accurate compensation , not gestures. As this isn’t close to covering them.
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