OT Will they win if they take me to small claims court fo r £9.87

[Andrew]

So handy for all those people who don't want HMRC or the DHSS to know what they using their free motability car for :-)

[Andrew]

Thought they went bust in 2009 ?.

Shame because I need a replacement glass for one of these :-

It's the one that has a bracket that fits on an external corner.

[ARW]

Free parking next to the ATM?

[Robin]

I am in the unusual position of being able to say with near 100 per cent confidence that you were wrong :) I had to look it up (in Rule 27.14 and Rule 45.1) - which I know you could just as well have done yourself you lazy, manipulative sod :)

That leaves the risk of costs of witnesses travelling - if the case isn't dealt with by phone (by the judge tossing a coin?)

[invalid]

they can also ask for the case to be held some distance away from ARW so he has to make travel arrangements and waste time to appear and he will probably lose if he doesn't.

[Fredxx]

They can ask, but the court is generally one that serves the defendant.

[Fredxx]

From what Adam has said there are 3 branches, I assume one is close to Adam's closest court. Therefore travel costs should be at a minimum.

[invalid]

8<

Adam doesn't get to choose. They can choose the most inconvenient one AFAIK.

[Robin]

I may be missing something but I don't see them having much chance of success with that given:

a. Rule 26.2A[1]; and

b. blatant attempts to bully a defendant don't go down well.

[1] note especially "(3) ...if the defendant is an individual and the claim is for a specified sum of money, at the relevant time the claim must be sent to the defendant?s home court ..."

[Fredxx]

If Adam is a sole trader acting by person, Money Claims online is obliged to use his home court.

If you believe otherwise it would be helpful to cite the relevant rule, like 26.2a?

[spuorgelgoog]

FS10? Seems to have been discontinued, I don't know if a PW diffuser would fit

Owain

[Reentrant]

They ought to send you a formal "Letter Before Action" before starting a court claim.

Not sure it's an absolute legal requirement, but judges take a dim view if they don't, particularly for such a small amount.

[ARW]

We are not yet that for into the dealings. I have until the end of the month before they will start proceedings against me. Quoted by their accounts department on the phone on Friday, hence my post.

It gives me 4 weeks to prepare if they do not find the missing money.

[Roger Hayter]

The other thing to bear in mind that whatever the outcome they are perfectly entitled to refuse Adam's custom in future, either in a fit of pique or for no reason.

[tabbypurr]

Yes - but they'd only be hurting themselves. They know that. Future custom is enough reason for them to roll over on a disupted £9.87.

NT

[TMH]

TLC Direct have them.

[Steve Walker]

Motability cars aren't free. If you are disabled and qualify for the enhanced mobility element of the Persoanl Independence Payment, the money is meant to help cover the extra costs of getting around (taxis where someone without a disability might walk or use a bus), shopping (where you may be unable to carry it home, etc.), travel to and from work (where wheelchair access by public transport may not be a viable option).

People can choose to use this money to lease a car through the Motability scheme instead - they are no cheaper than leasing privately, but unlike normal leasing, you can cut the lease short if you are assessed as no longer meeting the PIP requirements.

SteveW

[Robin]

On 03/11/2019 23:55, Steve Walker wrote: <snip>

Motability is /much/ cheaper than market prices - just over half the price of a comparable lease - according to the NAO last year. It benefits from various things - including tax concessions won by Lord "Two Dinners" Goodman in 1977.

[GB]

I did look it up before posting, and I saw in the table in 45.2 the words: "the value of the claim exceeds £25 but does not exceed £500" and then some entries for the fixed costs in that case.

There is no corresponding entry in the table for a claim value under £25. I was just surprised, as I'd never noticed that before.

Anyway, this case is like this:

(It hots up after about 10 mins.)

[Dave Plowman (News)]

So does TLC Merton. Last time I was there, saw a very large order being paid in cash. Lots of £50 notes. The gig economy.