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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 15161
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I am a taxi driver and rent a car from a private company

Customer Question

Good MorningI am a taxi driver and rent a car from a private company based in Edinburgh. The car rental company is threatening me to bring me to the court for not giving them required notice before handing the car back to them. They are demanding the 2 week rent from me which is £ 420 even though the car is not in my possess. I am planning to counter claim but just need an expert advice where as its better to pay them £ 420 or counter claim on following points;1. They kept my deposit and 5 days rent (total of £ 360). And not willing to pay me back.2. I never got a copy of contract that I signed. I fear that they have more to the contract.3. I was left without work for over 2 weeks because of poor maintenance issues of car.(which they were required to sort out). But the only proof for that is actually my pay slip which clearly states a total earning of £0.00. (Not sure if enough).4. I do have a witness who had the same problems with this company. He was left a lot of time without work because of state of car (mechanical issues). His deposit was not given back to him after the service.Are these good enough counter claims or should i just pay the company and avoid the stress.Regards
Assistant: Because laws vary from place to place, can you tell me what state the property is in?
Customer: United kingdom
Assistant: What steps have you taken so far?
Customer: None
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 7 months ago.
Category: Law
Expert:  INC Law replied 7 months ago.

Hi,

Thank you for your query.

Based on the information you have provided, your countterclaim seems reasonable.

The worst case scenario would be as this is a small claim action is that the court would not agree with your countterclaim.

You should submit as much evidence as possible regarding your inability to work for 2 weeks. This will help strengthen your counterclaim.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks