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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have returned a lease car after being made redundant by the

Customer Question

I have returned a lease car after being made redundant by the council and they have charged me for loss of value when selling at auction. They didn't give me the option to have the "damage" (superficial scratches) assessed or repair quoted but claim the loss of expected value at auction was £500. How do I stand regarding recourse to either negating the charge or a reduction. I had no opportunity to make the damages good nor do I accept there was any more than wear and tear.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether their terms allow you the chance to make good?
JACUSTOMER-2ey91kwe- :

Under the agreement the insurance on car was separate from the lease company so I did have right to make good

Alex Watts :

Then in that case they should have given you the option to make good the damage.

Alex Watts :

They can't just sell without trying to mitigate their loss, ie minimise

Alex Watts :

Therefore if they failed to do that then you are under no obligation to pay

Alex Watts :

They would only then be able to issue proceedings against you - if the claim is for £10,000 or less it would be a small claim

Alex Watts :

Therefore you should pay what you think you owe, in terms of cost for you to get the damage repaired but no more

Alex Watts :

You can defend on the basis they failed to mitigate their loss

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-2ey91kwe- :

How shall I write back to them saying?

Alex Watts : Just say that they have failed to mitigate their Loss and you deny the losses they habe I cured
Alex Watts : Incurred
Alex Watts : Does thatnhelp?
Alex Watts :

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