How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7689
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I have been taken to Court by Hertz car rental for failing

This answer was rated:

I have been taken to Court by Hertz car rental for failing to pay for my car rental. My claim was, I reserved a prestige car and it was faulty, hence I agree to pay only what a low range car (of the same size) would cost - this was nearly half price.I sent my defense to Court, and it was lost in the post.After the Court sent me a ruling that I have to pay the full outstanding amount - due to me not sending anything to my defense, I appealed to Court, paid the £200+ fee and had a hearing.I could not attend the hearing due to illness... After some months that I heard nothing from Court nor from Hertz (it was probably again lost in the post or so), I emailed the Court last week asking as to what is happening with my case? To which they sent me a letter this week, showing that the Judge looked into the case at my absence and ruled the following:Judge ruled in my favor and said that I need to pay only the lower amount as per my suggestion. However, Judge added that I need to pay the fees of Hertz for the Court hearing (£300+). The Judge as well suggested I can pay by monthly installments of £50.However these installments should have started a few months ago, as the Court hearing took place a few months ago, but I was not aware of this as I have heard nothing from Court or Hertz (as explained above), now however, probably because I contacted Court, I received a Notice of Enforcement from a company acting on behalf of Hertz for not complying with the Court Judgment, and are demanding intimidate payment for the full amount ruled out by Court, plus some Compliance stage fee to their company...My question here is:(A) Could I challenge Court and ask them to undertsand that not only do I not have to pay the fees for Hertz Court application, since even the Judge agrees that Hertz have over charged me, but as well have my £200+ fees deducted from the bill I am due to pay Hertz?
B) How do I go about this company suddenly popping out of nowhere now chasing me the full amount immediately, if the reason I have not yet started paying is purely as I was not aware of this Judgment, and so were Hertz not aware of this - as you see up until I did not contact the Court, I heard nothing from Hertz or their representatives?I truly appreciate your time on this, and would be grateful to receive your answers on the 2 questions.Kind regards,
Norman

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What does the actual court order say?

Customer: replied 3 months ago.
Hi,The court order states, upon the court hearing solicitor for the claimant (Hertz) and the Defendant (myself) not attending due to medical evidence confirming I am unwell, and upon noting my request to pay only £793 (instead of £1,700+), and upon the Claimant accepting my part admission, the court therefore deciding that the matter should not be adjourned today despite the absence of the Defendant, and upon the court taking the view that the Claimant is entitled to the costs of the proceedings and the court application, it is ordered that I should pay the £793 by monthly installments of £50 per month, and I shall pay the Claimants costs of £225 and today's application sum of £120. Subtotal: £1,138

Ok. You disagree with the decision? When was it made?

Customer: replied 3 months ago.
I disagree to pay the £225 + £120. It was made on the 17th October 2017, however as explained in my original communication, I only chased this up last week ad got this letter this week.

Ok. You can only appeal the decision, but you have 21 days to do that. You now need to seek leave to appeal of out time.

You need to complete form n161

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688444/n161-eng.pdf

You need to set down here the reasons why the decision was either

1) wrong in law, or

2) wrong in procedure, or

3) the decision made was one which no reasonable judge could have made.

You will also need to apply for a tarsnscript of the hearing. You do this by completing form ex107

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688114/ex107-eng.pdf

The matter will be referre to an appeal judge to consider on the papers.

If permission to appeal if refused on paper you can ask for an oral hearing.

If permission then is refused then you have to go to the Court of Appeal

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
Ok thanks for this. Is there a charge for "leave to appeal of out time" and for "transcript of the hearing", since if there is and if the Judge decides I am wrong and will insist on me paying the fees of Hertz, this will only cause me more costs, and I am trying to save money.In your view, and with your experience, do you feel my chances of winning the fact that I do not need to pay the fees of Hertz are high or low?

Yes there is a court fee to lodge an appeal. Yes, a transcript company will charge you for doing the transcript.

If you lose an appeal then you would be liable for Hertz costs of defending it.

I don’t think you have a good chance of winning. You accept some hire cost and therefore they are entitled to costs if that which is £225. The costs of the application at £120 is very low indeed. I would expect them to be around £500

Does that clarify?

Customer: replied 3 months ago.
it certainly does, and thank you for this.Lastly, I guess what I need to do is to explain now to this recovery agency acting on behalf of Hertz the reason for me failing to pay the £50 monthly installments to-date, and hope for their mercy on understanding the fact, correct?

They can only take £50 a month. You have a court order. You don’t have to pay more.

Does that assist?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thanks so much Jamie, you have assisted me perfectly. Greatly appreciated.

Pleasure.