Total Money Claimform - Damage to Rental Car.

[rizel23]

Leased a private car through a firm last year.

 

It was returned in very good condition, the chap collecting it undertook a Collection Sheet which clearly had a condition chart to be used to mark obvious damage etc and the usual, mileage, accessories.

He duly used this condition guide to mark ‘8’ stone chips on the collection sheet.

 

Due to COVID-19 he left a copy of this sheet in my porch and drove off.

 

As there was nothing untoward on the collection sheet I thought no more of this.

 

Around month later I received an Inspection Report claiming damage to an alloy wheel and a charge of £125.00

 

I naturally contacted the firm and provided the evidence of the collection report stating no such damage.

 

This went back and forth for a few emails, with company advised that it may have been missed due to wheels being dirty and that small damage is not always noted and was not an inspection collection report.

 

I pointed out that the form I was provided was a collection inspection and that it has a section for ‘Vehicle Condition Key’ to be used to mark damage (as stone chips had been marked) to protect the customer and the vehicle collection agent, I also stated that if stone chips had been marked then surely damage to the alloy wheel would have been also as this was claimed out as side of wear and tear.

 

I also provided photos to prove the vehicle was in excellent condition for the collection.

I also made them aware that the vehicle had been driven 60 miles out of my ownership before this second inspection.

The company ignored this and said the damage did not look fresh.

 

Copy of collection report;

 

https://imgur.com/a/wzRKCvB

 

Fast-forward today and I have received a ‘Claim Form’ for the amount, interest and court fees of just over £160.00

 

I’m pretty gobsmacked to be honest given all the information I had provided and evidence.

 

Can anyone please provide some guidance?

I want to avoid a CCJ on my record at all costs, but fuming that given all the evidence I provided to them directly.

 

For this small sum I could do without the stress, but even If I agree to pay do I get a CCJ?

 

 Many thanks

[dx100uk]

please conplete this:

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

and upload things as ONE pdf only.

read our upload guide carefully 

[BankFodder]

You haven't told us the name of the rental company. Is there a reason for this?

In terms of your question as to whether you will get a CCJ, if you pay the money then you will not get the CC J. If you defend but then lose the case, you will get a CC J. However, if you pay the judgement sum within 30 days, then the CC J will not be registered against you and it will not appear on your credit file.

It would certainly be helpful if you would complete the questions which my site team colleague has asked you above but I would say that on the basis of what you have told us, there is scarcely any chance at all that they will succeed and it's quite amazing to me that they have brought the claim against you.

Maybe we can get a better view when you've responded to the question that my site team colleague was asked you and also you have posted a copy of the claim form in PDF format.

 

[rizel23]

Name of the Claimant ? Total Motion Limited

Date of issue - 29rh January 2O21

Particulars of Claim

1. the Claimant provided a vehicle on hire to the Defendant.

 

2.The Claimant issued an invoice on 30/06/20 in the sum of f131.10 which remains unpaid.

3. The Claimant claims interest pursuant to the County Court Acts L984 at the rate of 8% per annum from 30/06 /20 to the date hereof in the sum of f4.66 and continuing to the date of judgement or sooner payment at the daily rate of f0.03 per day.

4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the 30/06/2020 to 28/01/2021" of  £131.10 and also interest at rate up to the date of judgement or earlier payment at daily rate of £0.03.

What is the total value of the claim? £162.21

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I'm aware of via post or email.

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account overdraft or credit card or loan or catalogue or mobile phone account? Lease Agreement

when did you enter into the original agreement before or after April 2007  No

Do you recall how you entered into the agreement...? Email and documents by post (lD etc)

Is the debt showing on your credit reference files (Experian/Egulfa1 /Etc...) ? No

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. original lease company

Were you aware the account had been assigned - did you receive a Notice of Assignment? N/A

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed "Notice of Sums in Arrea6" or " Notice of Arrears "- at least once a year ? No

Why did you cease payments? April 2020 (end of lease agreement)

What was the date of your last payment? April2020

Was there a dispute with the original creditor that remains unresolved? Whilst not a credit (as credit agreement for the lease was finished (all payments made) I made the firm aware I was disputing the alleged damage as soon as I was made aware they were seeking payment for. alleged damage>

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No financial issues,

 

Total Motion claimed damage to an alloy wheel after car was collected (collection sheet' provided above) out of my ownership.

 

It is Total Motion Limited.

 

I've completed the form, hopefully its useful,

there is no real detail on the Claim Form which I would expect,

and I also have not had any form of Pre Action Protocol letters,

 

last communication (email) was just the resending of the same invoice which I had already made them aware was disputed (with evidence provided) thanks