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Small claims court - defendant is threatening to counter claim if I dont accept

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    #21
    Originally posted by AtW View Post
    Given that you are allegedly regularly signing on for unemployment benefit - not much.
    Every two weeks. And working at the same time ;-) Its easy money.
    Rhyddid i lofnod psychocandy!!!!

    Comment


      #22
      Originally posted by psychocandy View Post
      Honestly though NLUK and answer this honestly.

      Next time you take you're Bentley in for a service, and they offer to give you a lift to the office then charge you £100 because its taken one of their employees time and petrol to take you will you pay it?

      Or would you say **** me - if I you'd told me it was £100 I wouldn't have bothered?

      BTW - a few months ago my car had gearbox problems. Garage showed up, stuck it on trailer job done. Free. Not unusual.
      Honestly... I'd clarify how much it would cost me. Nothing in life is free, particularly when it comes to garages. Having a price allows me to make one of the decisions above. You shot yourself in the foot with an assumption and are now paying for it, quite literally.

      That offer of sticking it on a trailer is really good service, not the norm. You'd be happy for them to change a 50p bulb but not for the time and equipment used (and risk if they damaged it) to transport your car in.

      Ironically you are the most vocal about clients asking for stuff and expecting it for free.
      Last edited by northernladuk; 7 August 2019, 10:05.
      'CUK forum personality of 2011 - Winner - Yes really!!!!

      Comment


        #23
        Originally posted by CryingSheep View Post
        I guess there is a law that states that you need to inform a client how much a service will cost, before you provide the service... Not saying that in the described circumstances going to tribunal was the best/smartest decision, but if the garage wasn't clear about the cost of the service and make it look like it would be for free (since OP was gonna make repairs on their garage) I believe OP has grounds for a claim!
        Given the OP's history of representing himself on the Jeremy Kyle show, a court hearing is more likely to demonstrate that the garage guy is the OP's dad and the real father of his kids.

        Comment


          #24
          Originally posted by psychocandy View Post
          Long story - got into an argument a local garage who charged me £120 for towing my Mrs car in for repairs (it was 3 miles). My argument was he offered to collect and never said it would be chargeable let alone at a premium. Only found out when he presented the bill and wanted another £120 to bring it back (I got someone else to do for £40).

          Anyway, the guy is a complete cock. Found out after hes got a bit of reputation for ripping people off like this. I had to pay to get the car back but complained.

          Thought it'd be a laugh to take him to small claims court. Yeh its £120 so nothing but Mrs car/Mrs money so she was dead keen. And there was the entertainment value for £35 anyway.

          So the guys responded - unless I accept his offer of £45 hes going to take it further and counter claim for his wasted time and the stress I caused. WTF?

          Surely you can't do that. Defeats the whole object of the small claims court where the individual does not get steamrollered by superior legal resources and money.

          After all, imagine taking Tesco or someone to small claims and them threatening to sue you to scare you off.

          Anyone know what the rules are?
          And why did you pay? Possibly you accepted the contractual terms by paying. You should have not paid and then invited him to sue.

          Comment


            #25
            Pay the £45.

            Join the RAC for any further recoveries.

            Quick exit...
            I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

            Comment


              #26
              Originally posted by northernladuk View Post
              Honestly... I'd clarify how much it would cost me. Nothing in life is free, particularly when it comes to garages. Having a price allows me to make one of the decisions above. You shot yourself in the foot with an assumption and are now paying for it, quite literally.

              That offer of sticking it on a trailer is really good service, not the norm. You'd be happy for them to change a 50p bulb but not for the time and equipment used (and risk if they damaged it) to transport your car in.

              Ironically you are the most vocal about clients asking for stuff and expecting it for free.
              Aye probably should have checked of course.

              The thing about clients. I disagree. Im sure many of you have been in the situation - something needs checking for 5 mins at 10am saturday morning.

              Yeh I'll do it blah blah blah. No big deal....

              So you do it. Then whack in an invoice for the entire days work. Client looks at it and says "But you charged me £xxx for that. You didn't mention that. One of the permies could have done that for free". You reply "You didn't ask. I don't do anything for free. Tough luck pay up".

              Would you last until the next renewal?
              Rhyddid i lofnod psychocandy!!!!

              Comment


                #27
                Originally posted by Old Greg View Post
                And why did you pay? Possibly you accepted the contractual terms by paying. You should have not paid and then invited him to sue.
                Because he still had the car and wouldnt have released it.
                Rhyddid i lofnod psychocandy!!!!

                Comment


                  #28
                  He's not going to win some "Wah wah, I'm upset" counter claim (especially as he's operating as a business), BUT the Courts will absolutely expect you to take reasonable efforts to resolve the issue. I'm normally a big fan of pushing on, BUT it's £120 AND you've got a fairly reasonable offer to settle.

                  Frankly, I think the judge is likely to be not all that amused.

                  And what OG says is true, you've made it a very muddled case now. Presumably, your car is repaired? So ultimately you have a disagreement now over a £45 transport charge, which doesn't seem to be an unreasonable figure. I'd just chalk it up and move on.

                  Comment


                    #29
                    Originally posted by vwdan View Post
                    He's not going to win some "Wah wah, I'm upset" counter claim (especially as he's operating as a business), BUT the Courts will absolutely expect you to take reasonable efforts to resolve the issue. I'm normally a big fan of pushing on, BUT it's £120 AND you've got a fairly reasonable offer to settle.

                    Frankly, I think the judge is likely to be not all that amused.

                    And what OG says is true, you've made it a very muddled case now. Presumably, your car is repaired? So ultimately you have a disagreement now over a £45 transport charge, which doesn't seem to be an unreasonable figure. I'd just chalk it up and move on.
                    I believe the offer to settle for 45£ is on top of the 120£ already paid (not instead)! In that case I would take it until the end... worse than let the joker get away with charge you 120£ is to get away with further 45!!!

                    Can't you just counter offer to get back 60£ (from the 120£ you paid) with the excuse that that will put the value at a reasonable and fair amount (if for example the average for the cost of this service would be in that region), and you will drop the case. He probably won't accept it but at least will show some good will from your side and the will to settle it!
                    "The boy who cried Sheep"

                    Comment


                      #30
                      Originally posted by vwdan View Post
                      He's not going to win some "Wah wah, I'm upset" counter claim (especially as he's operating as a business), BUT the Courts will absolutely expect you to take reasonable efforts to resolve the issue. I'm normally a big fan of pushing on, BUT it's £120 AND you've got a fairly reasonable offer to settle.

                      Frankly, I think the judge is likely to be not all that amused.

                      And what OG says is true, you've made it a very muddled case now. Presumably, your car is repaired? So ultimately you have a disagreement now over a £45 transport charge, which doesn't seem to be an unreasonable figure. I'd just chalk it up and move on.
                      Indeed £45 is a reasonable offer. He probably has to pay the cost of the no claims court fee and then call it quits.
                      I'm alright Jack

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