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

ARW · 2019-11-02T17:47:19+00:00

An ongoing do with an electrical wholesalers that I have a cash account with. Basically I have my prices set up but I cannot take goods without paying for them at the counter.The accounts department say I have not paid for a £9.87 transaction and are threatening me with small claims.After lots of phone calls I spoke with "N" that served me when I bought the goods.He remembers the transaction as I dealt with a clueless member of the public asking questions about LED lights whilst he collected my bits and pieces and he also remembers that I gave him £10 and said forget about the change as you never have any.There was also another comment about the 60A JB I bought and where "N" wanted to insert it into the clueless member of public that I had dealt with (BG 60A JB's are shaped for a smooth fit)None of this is helped by the fact my account is with the wholesalers in town A, I bought the bits from the wholesalers in town B and the accounts dept/head office is in town C.Any options other than to wait for the summons, have a day out in town C and call "N" as my number one witness as accounts will not listen to me or "N"?

R

Robin 7 years ago

Apologies for my calumny.

The rules are mostly plain English and use tables etc. But Table 1 in

45.2 is an example of where the drafters seem still to think in terms of how rules /ought/ to be read (from the beginning to the end) rather than how people may approach stuff in practice ("Ooo look, there's a rule for "Amount of fixed commencement costs in a claim for the recovery of money or goods" - that's just what we want, and it's got a nice clear table").

So the Table omits claims up yo £25. That's because 45.2(1) has already told you that the Table only applies "in a claim to which rule

45.1(2)(a) or (b) applies". And because you have read 45.1 you know that's only to claims "where the value of the claim exceeds £25". At least, I think so.

It's also worth noting that 45.1(3) provides "(3) No sum in respect of legal representatives? charges will be allowed where the only claim is for a sum of money or goods not exceeding £25."

That leaves the court fees - £25 for an online claim and another £25 if it goes to a hearing. But the the general message to claimants is I think "well you /can/ claim for less than £25 but ..."

Vote

I

invalid 7 years ago

they have to use his county, where is the court?

Vote

I

invalid 7 years ago

I think you will find they are cheaper. It shows how much profit they make from personal lease cars.

compare like for like..

three year lease insurance included servicing include enhanced RAC cover

20000 miles a year. tyres and other consumables included

Vote

F

Fredxx 7 years ago

So not "the most inconvenient one", glad we cleared that up.

Yes, it would be *his* County Court.

Vote

G

GB 7 years ago

Gosh! This is Usenet, and I didn't think people apologised on Usenet. Not even with tongue firmly in cheek.

Yes, I agree that anyone turning up in court and arguing about £10 is going to get some pretty curt justice.

Vote

A

Andrew 7 years ago

Every July there is a Old Crocks bus rally on Worthing seafront.

Lots of stands adorn the promenade selling food, bric-a-brac etc

The local Honda/Peugeot/etc dealer always has about a dozen new cars on display ranging from things like 208's, Jazz's up to 508's and big 7 seaters.

All the big 7 seater SUVs had banners on top saying 'get this vehicle on motability'. It's the next PPI scam waiting to be unravelled.

If you were awarded a company car, then it becomes a benefit in kind and the WHOLE family derives a benefit, but when a motability car is dished out, while the whole family also benefits (and some), there is no P11D tax to pay.

Vote

A

Andrew 7 years ago

Neighbours daughter in law has obtained one because she has a 3-YO in a wheelchair. Usual 7 seat SUV with a diesel engine.

She had a puncture and HAD to take it to Kwikfit, who said they were not allowed to plug the tyre even though the nail was in the middle of the tread. Had to be a new tyre at NO cost to her at all. Cost the taxpayer about £210 though, when anyone shopping around could have a) got it plugged legally or a new tyre for about £110.

They even called out the free RAC man when it conked out. He pointed out that they had run out of AdBlu.

Vote

S

spuorgelgoog 7 years ago

But the underlying DLA/PIP benefit isn't taxable anyway.

Owain

Vote

S

Steve Walker 7 years ago

Not that much cheaper than *some* of the deals available three or four months ago - I was looking as my wife was recently awarded PIP.

SteveW

Vote

R

Robin 7 years ago

I should indeed have included "on average".

Vote

I

invalid 7 years ago

Good.

Its not paid by the tax payer. Motability don't pay retail prices either.

Well that's people not reading the manual. There is a notice that comes with mobility cars that states that if they don't follow manufacturers instruction on diesels and damage is caused they won't get their £500 returned "in good condition bonus" back and may have to pay extra.

Vote

A

Andrew 7 years ago

Which exposes the whole nonsense of our tax and benefit system.

Vote

A

Andrew 7 years ago

Really ?. So do Motability have their own money tree ??

No they pay retail prices PLUS a big fat markup if my neighbours D-I-L is typical.

Vote

G

GB 7 years ago

Well, yes, they do. They have the lease payments coming in, and they use those to pay expenses.

The point is that, whilst they may get a bill for £210, they almost certainly have an arrangement whereby they get a huge discount. They may well only pay £70-100. And, yes, they are at risk of sub-optimal repairs, but it's hard to see how they can avoid that. I dare say that a lot of garage customers are sold a new tyre, when a plug would do.

Vote