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    • MoreSnowPlease
    • By MoreSnowPlease 27th Mar 19, 1:20 PM
    • 19Posts
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    MoreSnowPlease
    Total amount for small claims?
    • #1
    • 27th Mar 19, 1:20 PM
    Total amount for small claims? 27th Mar 19 at 1:20 PM
    I'm going to small claims over a faulty car. I am just wondering what the total amount I want to claim would include, because the expenses, time/loss or earnings and inconvenience would all total under £10,000 meaning I could claim online. But when you add in the car (£14,000) it goes over £10,000 but this is an asset which I want to return for a refund minus mileage. So I am not technically claiming that amount.

    Does anyone know?

    Thanks
Page 2
    • waamo
    • By waamo 28th Mar 19, 11:26 AM
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    waamo
    For a claim over £10k you need to seek professional legal advice. Whilst costs are limited in a claim they can still be considerable in claims over the £10k threshold.
    This space for hire.
    • da_rule
    • By da_rule 28th Mar 19, 6:26 PM
    • 3,204 Posts
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    da_rule
    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.
    Last edited by da_rule; 28-03-2019 at 6:28 PM.
    • MoreSnowPlease
    • By MoreSnowPlease 9th May 19, 12:26 PM
    • 19 Posts
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    MoreSnowPlease
    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.
    • MoreSnowPlease
    • By MoreSnowPlease 9th May 19, 12:29 PM
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    MoreSnowPlease
    Why would there ever be a situation where you won your claim but we're responsible for paying the other sides costs?
    • waamo
    • By waamo 9th May 19, 12:47 PM
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    waamo
    Why would there ever be a situation where you won your claim but we're responsible for paying the other sides costs?
    Originally posted by MoreSnowPlease
    There wouldn't.
    This space for hire.
    • DoaM
    • By DoaM 9th May 19, 1:16 PM
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    DoaM
    There wouldn't.
    Originally posted by waamo
    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.
    Diary of a madman
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    • MoreSnowPlease
    • By MoreSnowPlease 9th May 19, 1:40 PM
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    MoreSnowPlease
    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
    • By waamo 9th May 19, 2:11 PM
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    waamo
    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?
    Originally posted by MoreSnowPlease
    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.
    This space for hire.
    • MoreSnowPlease
    • By MoreSnowPlease 17th May 19, 7:16 PM
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    MoreSnowPlease
    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
    • By waamo 17th May 19, 7:24 PM
    • 6,537 Posts
    • 8,661 Thanks
    waamo
    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.
    Originally posted by MoreSnowPlease
    £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?
    This space for hire.
    • MoreSnowPlease
    • By MoreSnowPlease 18th May 19, 7:43 AM
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    MoreSnowPlease
    I think itís £3500 actually, I had done 8000 miles when I formally told them of the fault in December. Now I think itís closer to 12 or 13k miles. They want 26p /mile

    Plus they want to charge for any damage to car (shouldnít be any but Iím sure theyíll find something tiny and charge a fortune) and they are posing it as Ďwe will buy back the carí which Iím not really sure sounds as if itís 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 Iíve asked for them to cover my costs instead in accurate compensation , not gestures. As this isnít close to covering them.
    • MoreSnowPlease
    • By MoreSnowPlease 18th May 19, 7:48 AM
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    MoreSnowPlease
    And no they wonít negotiate it. They think itís fair because they are saying itís what they would do if i had leased the car from them.

    Of course if I was leasing the car Iím sure they would have sorted the issues when they were reported or they would have lost the lease, so I donít accept this justification.
    • wesleyad
    • By wesleyad 18th May 19, 2:39 PM
    • 478 Posts
    • 456 Thanks
    wesleyad
    And no they wonít negotiate it. They think itís fair because they are saying itís what they would do if i had leased the car from them.

    Of course if I was leasing the car Iím sure they would have sorted the issues when they were reported or they would have lost the lease, so I donít accept this justification.
    Originally posted by MoreSnowPlease
    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.
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