A giant corporation V myself. Case was dismissed!
Discussion
In a nutshell, I was taken to court by a major car company over the condition of a lease vehicle I returned.
It was a county court and the judge/magistrate dismissed the case the claim against me was for over £5000.
We were sitting in a room at the county court ( don't think it was the actual court ) didn't take an oath. The judge went through the documentation (evidence) submitted by the claimant (car company) and decided there was no evidence to present, basically all submitted late, no witness turned up, official statements submitted without prejudice.
Their solicitor tried to get an adjournment but as it was a second hearing after the preliminary in August it was dismissed.
I was awarded damages and costs that I didn't ask for but thanks anyway to be paid within 21 days.
Is that the end of it?
It was a county court and the judge/magistrate dismissed the case the claim against me was for over £5000.
We were sitting in a room at the county court ( don't think it was the actual court ) didn't take an oath. The judge went through the documentation (evidence) submitted by the claimant (car company) and decided there was no evidence to present, basically all submitted late, no witness turned up, official statements submitted without prejudice.
Their solicitor tried to get an adjournment but as it was a second hearing after the preliminary in August it was dismissed.
I was awarded damages and costs that I didn't ask for but thanks anyway to be paid within 21 days.
Is that the end of it?
Congratulations!
It sounds like you went into the judge's chambers. That's entirely normal. No need to give an oath either.
You'll get a copy of the judgment for your costs in the post, and the other party will have to pay.
As to the question "Is this it?" then, the answer it highly likely to be yes.
The Claimant could appeal, however, I would say that this probably not be likely considering the circumstances, and the reason why they lost was that they messed up. An appeal is not an automatic right - far from it. You have to gave good reason simply to be able to be allowed to appeal.
It sounds like you went into the judge's chambers. That's entirely normal. No need to give an oath either.
You'll get a copy of the judgment for your costs in the post, and the other party will have to pay.
As to the question "Is this it?" then, the answer it highly likely to be yes.
The Claimant could appeal, however, I would say that this probably not be likely considering the circumstances, and the reason why they lost was that they messed up. An appeal is not an automatic right - far from it. You have to gave good reason simply to be able to be allowed to appeal.
Edited by JustinP1 on Friday 23 October 12:24
Thankyou4calling said:
I was awarded damages and costs that I didn't ask for but thanks anyway to be paid within 21 days.
Damages? In respect of what? Had you counterclaimed?I'm assuming you mean just costs - cost of getting to court, out of pocket expenses, that sort of thing? Did the court assess a figure? It should have done.
To add a little meat on the bones.
The car went in for a service at the main dealer 2 months before return was due, they claimed the mileage was inconsistent with condition and retained the car without allowing me to see it even though I paid two final instalments on the lease.
The final check over listed numerous defects such as kerbed alloys, cracked windscreen, scuffs on bodywork etc. These weren't there prior to the company having the car for service, they had it two months and each time I called went in I was met with excuses and tales.
I was using a loan car all this time so there claim was for this, the sale price being lower than expected (it went through BCA) and there costs.
It won't go as a hire car as I actually had correspondence with the new owner who sent me my possessions that were in the car because I wasn't allowed to see it! Funnily enough the new owner was delighted with the car.
The car went in for a service at the main dealer 2 months before return was due, they claimed the mileage was inconsistent with condition and retained the car without allowing me to see it even though I paid two final instalments on the lease.
The final check over listed numerous defects such as kerbed alloys, cracked windscreen, scuffs on bodywork etc. These weren't there prior to the company having the car for service, they had it two months and each time I called went in I was met with excuses and tales.
I was using a loan car all this time so there claim was for this, the sale price being lower than expected (it went through BCA) and there costs.
It won't go as a hire car as I actually had correspondence with the new owner who sent me my possessions that were in the car because I wasn't allowed to see it! Funnily enough the new owner was delighted with the car.
Thankyou4calling said:
To add a little meat on the bones.
The car went in for a service at the main dealer 2 months before return was due, they claimed the mileage was inconsistent with condition and retained the car without allowing me to see it even though I paid two final instalments on the lease.
The final check over listed numerous defects such as kerbed alloys, cracked windscreen, scuffs on bodywork etc. These weren't there prior to the company having the car for service, they had it two months and each time I called went in I was met with excuses and tales.
I was using a loan car all this time so there claim was for this, the sale price being lower than expected (it went through BCA) and there costs.
It won't go as a hire car as I actually had correspondence with the new owner who sent me my possessions that were in the car because I wasn't allowed to see it! Funnily enough the new owner was delighted with the car.
That full situation sounds truly bizarre! Glad you managed to get it sorted in your favour.The car went in for a service at the main dealer 2 months before return was due, they claimed the mileage was inconsistent with condition and retained the car without allowing me to see it even though I paid two final instalments on the lease.
The final check over listed numerous defects such as kerbed alloys, cracked windscreen, scuffs on bodywork etc. These weren't there prior to the company having the car for service, they had it two months and each time I called went in I was met with excuses and tales.
I was using a loan car all this time so there claim was for this, the sale price being lower than expected (it went through BCA) and there costs.
It won't go as a hire car as I actually had correspondence with the new owner who sent me my possessions that were in the car because I wasn't allowed to see it! Funnily enough the new owner was delighted with the car.
Yes it was a lease car.
Taken through a broker but the monthly went to XXCAR COMPANY financial services.
The judge (magistrate) awarded me loss of earnings, parking and 45 p per mile which came to £580.
She told the car company to pay within 14 days and they asked for 21!!
Yes, they had the car for the last two months of the 24 month lease, evaded my calls and visits, wouldn't let me have the car back to carry out the BCA inspection just had it done and sent me a bill which I disputed, refused to pay and hence they sent a lot of warning letters and it ended in front of a judge.
They used their solicitors I went alone and they really were a bunch of disorganised jokers, judge was fuming and literally laughed them out of court.
Taken through a broker but the monthly went to XXCAR COMPANY financial services.
The judge (magistrate) awarded me loss of earnings, parking and 45 p per mile which came to £580.
She told the car company to pay within 14 days and they asked for 21!!
Yes, they had the car for the last two months of the 24 month lease, evaded my calls and visits, wouldn't let me have the car back to carry out the BCA inspection just had it done and sent me a bill which I disputed, refused to pay and hence they sent a lot of warning letters and it ended in front of a judge.
They used their solicitors I went alone and they really were a bunch of disorganised jokers, judge was fuming and literally laughed them out of court.
It was indeed a very satisfying end to a worrying time because I can ill afford to pay out £5000.
I felt pretty confident but you just don't know.
Moving off topic, but kind of related it brings into play other factors such as how much service and being treated matter when taking on a new car.
Why?
Because despite this I have another car from the same manufacturer, I like the vehicles so have piled in again.
I know many on PH seem to refuse to have a certain make because they were ignored in the showroom so seem to go and get something they don't really want just yo spite a dealer but for me I just got another.
Mind you I'll be a bit more possessive at the end of the lease term.
I felt pretty confident but you just don't know.
Moving off topic, but kind of related it brings into play other factors such as how much service and being treated matter when taking on a new car.
Why?
Because despite this I have another car from the same manufacturer, I like the vehicles so have piled in again.
I know many on PH seem to refuse to have a certain make because they were ignored in the showroom so seem to go and get something they don't really want just yo spite a dealer but for me I just got another.
Mind you I'll be a bit more possessive at the end of the lease term.
Sheepshanks said:
Did you keep the garage's courtesy car for 2 months?
As others have said, the story is bizarre.
I had a courtesy car for a month and they tried to charge me for that (separate to the case) but an E Mail trail showed I returned it as soon as requested.As others have said, the story is bizarre.
I can assure those saying it's bizarre that I agree. I attempted on at least 10 occasions by phone, E mail and visit to the dealership where I spent an hour in the dealer principles office asking for the return of "My" vehicle.
I never so much as saw it again, received a letter demanding c £5,000 6 months later (March 2015) I replied, a bit of backwards and forwards ultimately leading to a preliminary county court hearing in August which set a date for a full hearing this week at which the case was dismissed.
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