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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, We are a ltd company, trading as landscape and tree

Customer Question

Hi,
We are a ltd company, trading as landscape and tree services.
One of our Sub Contractors has been using a mower for around two years, sometimes on our contract work, sometimes on his own. Recently there has been a falling out and he has returned the mower in a poor state (unusable). He was asked to put it right several times but did not return any calls.
We have now had the mower returned at a cost of £750+VAT. The engineers report and pictures back up the condition in came back in.
We obviously want him to pay for the damage, which he refuses on the grounds that he had permission to use it and its fair wear and tear.
Are we right and does this have legs if we put a county court claim in?
Any advice would be appreciated...
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Assuming your report says it is beyond fair wear and tear then you have a claim

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-ty4ytggr- :

Hi Alex,

Alex Watts :

Hello

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