Demand for £900.... Can anyone help?

[cahu]

I had a lease car for three years which was collected last August at the end of the lease. The guy who collected it examined it very, very thoroughly but as I had it for 3 years thought any marks on it were due to fair wear and tear. It was immaculate in every other way, valeted etc.

A month later they contacted me to say I owed them £904 for damage. I called them to challenge them and heard nothing more until last week when i received a solicitors letter saying I had a week to pay or I was goin to court.

Does anyone have any advice. I am worried as I am a single parent, low salary etc and have no savings. TIA

spammertime, sorry to hear that. I feel the same will happen in my case as I signed to get rid of a guy who was examining the car almost with a magnifying glass.

Did you take photos of the car before you handed it back for comparison with their photos? Did you write anything on the documentation to say there are tiny scratches that were day to day ones? Do you still have the receipt from the car being polished and/or valeted?

Sorry, lots of questions rather than answers.

It might also be worth checking out the honestjohn.co.uk website - he writes in the weekend telegraph motoring sections and seems to know his stuff, lots of people write in with all sorts of questions like this. You might find more useful info there now, and even more specific info if you submit a question.

Agree with other posters - sounds like they are trying bully boy techniques so hit them back head on. And have you got legal insurance through your home or car insurance or through union membership etc? They might also be able to help.

Good luck!

Well I can't see that they've got much of a leg to stand on if it wasn't specified what was wrong with the car when you signed. That's not proof that there was something wrong with it at that time.

See what the CAB/law centre people say. Don't ignore it, but don't just pau up either without knowing exactly where you stand. I expect they're just taking the piss so don't let it stress you too much.

Thanks zipzap. Unfortunately I didnt take photos as I didn't foresee a problem.

I do belong to Unison, could they help me?

Thanks Kitty, feel stressed just talking about it here though!

Cahu, I am a solicitor - a litigator (i.e. the kind who sends this type of letter). To answer your question further up the thread, the fact that the lease co. have instructed a solicitor to write to you does not mean they will take further action. I probably write 20 letters of claim for every one set of proceedings I actually issue. It is not cost effective to litigate over small sums and particularly not under £5k as anything under £5k is in the small claims court, where they cannot recover their legal costs even if they win. It might have cost them £150 to send this letter so worth a punt. But to issue a claim would cost a few hundred quid minimum and therefore will not be worth their while.

Peppin, thanks for that... On way to advice centre after school pick up. Driving home from work I was tempted to call soli itor to just arrange some sort of payment as I have been so worried....

Do NOT pay them anything without taking legal advice.

If someone came up to you in the street and asked them for £900 would you give it to them? These people probably have about as much right to your money.

If the CAB aren't much good, Google pro bono centres in your area.

Thanks kitty, been to legal advice centre tonight, they are contacting them on my behalf. I know, earlier today felt so stressed just thinking of it, actually thought it would be better to just pay up. Haven't got any savings or contingency fund though. feel better now especially after peppins post.

OK that sounds good. I'm glad you're getting advice. The garage may well continue to be gobby about it, but don't let it stress you. It's very likely that they are all mouth but won't do anything about it. If they think they can get you to pay just by making a lot of vague threats about legal action then they will - they don't have anything to lose by doing it. Doesn't mean they've got a leg to stand on (I have experience of this sort of situation btw although different area).

Do you kitty? I automatically thought solicitors letter meant definite court action. What were your circs if you don't mind me asking?

It wasn't me that had the issue(s), I was on the other side of the desk (pro bono stuff at law school). Sending a solicitor's letter CAN be a prelude to court action or it can just be something you try to put the frighteners on someone and get them to pay up. A summons means definite court action unless you pay, and generally means they are serious.

Cahu, glad to put your mind to rest (a bit!). Hope CAB helps. Feel free to PM me if you like.

Get in touch with Unison, I think you're membership might include free legal advice for anything (including stuff not related to work)

*You're? I meant your, sorry been one of those days.

Peppin, Kitty, Hellhasno..., thanks so much for your support. Obviously I don't know how they will respond to the letter they recieve from the CAB. If I get a summons I really do not want to go to court, worried also how my employer would view that .....

Worry about that later, if at all. As Peppin says, it will cost them hundreds to issue a claim. The solicitor's letter may not have cost them anything, especially if they have a tame one...