Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Small claims court - AIBU?

17 replies

LovesFood1987 · 02/03/2021 16:24

Long story short we sold our electric car with battery leasing to a garage in November. They promised they sort the paperwork so the battery lease money stopped coming out my account. But they didn't and it's cost me £118.

I have emailed, phoned etc etc and done absolutely everything possible to get the money back and its absolutely not happening.

AIBU to go to small claims court to get my money back?

OP posts:
RedRocketGirl · 02/03/2021 17:14

Hi @LovesFood1987 I'd suggest the first thing to do is contact the battery leasing company explain the situation and ask for a refund directly from them.

Is it a direct debit or a regular payment on a card? If so maybe you can do a recall via your bank.

SadderThanEeyore · 02/03/2021 17:18

How is the payment collected? Recurring card payment or direct debit?

Original poster
LovesFood1987 · 02/03/2021 21:34

Thanks so much for your replies.

I have spoken to the battery leasing company and they replied in writing to say the error was with the garage as the garage didn't complete the paperwork so I need to get my refund from the garage 🤷‍♀️

I am clueless about all these processes but i am not letting these dishonest bullies at the garage get away with it!

OP posts:
19lottie82 · 02/03/2021 22:35

If you paid by direct debit then you should be covered by the direct debit guarantee. Call your bank and ask for a refund.

notdaddycool · 02/03/2021 23:47

Do you think you can prove it was their responsibility and that they had said they would do it? I imagine it would be hard to prove enough to get a judgement in your favour. I’d probably take it on the chin.

NoSquirrels · 02/03/2021 23:56

Not wishing to kick you, OP, but you really can’t have a lease agreement for an electric car and not understand the paperwork. You should have checked it all out, what your responsibilities were, before you handed it to the dealer. You can’t say you’re “clueless about all these processes” if you’ve signed legal documents. How will you lodge a small claims case if you don’t know exactly what is going on?

NoSquirrels · 02/03/2021 23:57

Has the garage done the paperwork now? Or are you still getting billed?

Original poster
LovesFood1987 · 03/03/2021 08:19

Thanks so much for your replies 😊 I'll definitely try the direct debit guarantee scheme... Hadn't thought about that!

I mean I'm clueless about the small claims court etc not the battery lease transfer.

I made sure the garage filled in and sent the first stage in the paperwork whilst I sat there but there is a second piece of paperwork sent out when the finance company receive the first one so I didn't have any way of making sure this second piece was sent off. I have proof of the date we sold the car from DVLA and also proof from the finance company that the garage are at fault for my loss of money.

The reason we sold for a rubbish price to a garage and not a private seller and they told us (in an email) that they would ensure we weren't left paying for the battery lease.... That's why it's so annoying! Angry

OP posts:
SadderThanEeyore · 03/03/2021 23:16

If it's direct debit why haven't you just cancelled the mandate yourself? Takes about 30 seconds on internet banking. Much easier than trying to get money back.

Original poster
LovesFood1987 · 03/03/2021 23:30

Because if you have a direct debit that 'bounces' then you get a bad mark on your credit rating

OP posts:
19lottie82 · 04/03/2021 01:55

Because if you have a direct debit that 'bounces' then you get a bad mark on your credit rating

A DD only bounces if it is active and you don’t have the money in your account.

Your credit history would only be affected in this situation if you had a credit agreement in place with the garage, and you broke this by not paying (cancelling the DD). But this doesn’t sound like the case going by the OP.

Sapho47 · 04/03/2021 03:47

@19lottie82

Because if you have a direct debit that 'bounces' then you get a bad mark on your credit rating

A DD only bounces if it is active and you don’t have the money in your account.

Your credit history would only be affected in this situation if you had a credit agreement in place with the garage, and you broke this by not paying (cancelling the DD). But this doesn’t sound like the case going by the OP.

Op is paying the battery company not the garage.

Her contract is with the battery company.

As the paperwork hasn't been completed to move her contract to the garage she is still paying the battery. If she stops she will just be missing payments to the battery company.

Allywill · 04/03/2021 03:53

Small claims court is a pain in the ass. Even if you get a judgement in your favour there is no “teeth” to it to force them to pay you. It can go on for a very long time and there is no guarantee you will get your money back and you will be down the £250 fee on top. If there is another way try that is my advice.

BarbaraofSeville · 04/03/2021 04:43

Small claims court doesn't cost anywhere near £250 to claim £118, it's about £30.

OP, I'd first look at the agreement you have with the battery lease company about what to do when you sell the car. Are you even able to cancel or transfer the contract like that?

Assuming you can, I'd write to the garage and tell them if they don't refund you, you will take them to the small claims court. This might focus their minds into refunding you.

Aprilx · 04/03/2021 06:40

@LovesFood1987

Because if you have a direct debit that 'bounces' then you get a bad mark on your credit rating
Rubbish. I would have cancelled the direct debit and that would have been the end of it. For that reason, I think small claims court is futile as this is something you could have attended to very easily.
Original poster
LovesFood1987 · 04/03/2021 08:11

No it is definitely the case that if I had cancelled the direct debit then that would have been a bad mark against my credit rating, I have spoken to the battery leasing company (Renault) and they have confirmed this. I'd rather lose £118 than have a bad credit rating as this will cost us lots more when we remortgage soon.

OP posts:
HotelCaliforniaOnRepeat · 05/03/2021 00:04

You cancel direct debit. Battery leasing company contact you, you explain car sold and garage taking on lease - it gets sorted straight away.
Total bollocks that you get a bad mark for cancelling a direct debit. You should always cancel them when you intend to stop paying and can pay any outstanding amount by card if it is necessary. So many people leave them and pay for things unnecessarily

New posts on this thread. Refresh page