Trailer damage help

[eggs]

As I discovered when I took some-one to small claims court and won doesn't necessarily mean you will see a penny if the person decides not to pay you what was agreed Also means that if you lose you could just ignore it and hope the person doesn't pursue it further.

 

[Melody Grey]

I would ask her about her insurance. Is the car social domestic and leisure? Having a paying passenger is hire and reward, so she may have been driving uninsured as well.

I second this. I think they’d be foolish to take it to court on this basis. Paying half if that’s what was agreed at the time seems reasonable. Save your evidence incase it does go further, but I’d be surprised if it does.

Transport for money also requires a licence.

You’ve learnt this the hard way, but paying a ‘friend’ for something that should have been a properly insured commercial hire is foolish in my opinion.

 

[Melody Grey]

As I discovered when I took some-one to small claims court and won doesn't necessarily mean you will see a penny if the person decides not to pay you what was agreed Also means that if you lose you could just ignore it and hope the person doesn't pursue it further.

From experience of me taking a (totally different) case to small claims, you can engage bailiffs to collect the debt, and they will. I had to pay upfront but this cost was also recouped from the defendant.

 

[humblepie]

If it was rotten then down to the owner. Arguably she transported your horse in an unsafe trailer. What does the invoice say? Was it a reputable repairer as if it does go to court could say you want a report from them on what they did - though suppose that could go both ways. Sounds like she wants her trailer made better at your expense. Do you have any legal helplines through membership of an association or house or horse insurance

 

[SantaVera]

Tell her to get lost

 

[Jambarissa]

How far did you travel, was £50 an accurate amount for petrol money?

Unless she's insured to transport other people's horses as a business she's probably invalidated her insurance and is lucky your horse wasn't hurt because you could have sued her for the trailer being unfit for use.

You were very generous in paying half. If it went to court the onus would be on her to prove your horse caused the damage to a functional trailer not on you to prove the panels were rotten.

Your messages will also help.

You were very generous to pay for half the cost, tell her to get her insurers to contact you if they'd like to discuss further.

 

[The Xmas Furry]

A small claims court won't be interested in any hire and reward law breaking, that should have been reported at the time.
They will purely deal with the financial claim as presented, with supporting evidence from both parties.

 

[holeymoley]

I’d be mortified if it was my trailer and I didn’t know how rotted the wall was. Half the payment is a lovely gesture. It doesn’t just rot overnight though. If she had it serviced she could take it ip with the company that done it and why they didn’t notice such extensive rotting?

 

[Gloi]

As I discovered when I took some-one to small claims court and won doesn't necessarily mean you will see a penny if the person decides not to pay you what was agreed Also means that if you lose you could just ignore it and hope the person doesn't pursue it further.

But if you win and they don't pay up you can carry on with the claim and get it enforced. The cost of which is also paid when they do pay up. If they don't they'll end up with a ccj against them and the bailiffs round. Mine paid up then and I got my money back.

 

[Pearlsacarolsinger]

And any way, 'petrol money' isn't hire and reward.

 

[SEL]

I’d be mortified if it was my trailer and I didn’t know how rotted the wall was. Half the payment is a lovely gesture. It doesn’t just rot overnight though. If she had it serviced she could take it ip with the company that done it and why they didn’t notice such extensive rotting?

Me too!

I have 2 companies for servicing. One is just mechanical but the other is a horse box specialist who always checks floor, ramp, panels too. My ramp was awful when he pulled up the rubber - I wouldn't have expected any money towards it if a friend's horse had put a foot through it

 

[webble]

And any way, 'petrol money' isn't hire and reward.

It's not but it depends on the amount given vs the amount it would have cost. Anything way over the actual cost would be classed as hire and reward

 

[fredflop]

But if you win and they don't pay up you can carry on with the claim and get it enforced. The cost of which is also paid when they do pay up. If they don't they'll end up with a ccj against them and the bailiffs round. Mine paid up then and I got my money back.

Alas this is not quite true. Unfortunately all the defendant has to do is lie on court forms they don’t have any money, or ignore baliffs knocking on the door and you still won’t get a penny

 

[Gloi]

Alas this is not quite true. Unfortunately all the defendant has to do is lie on court forms they don’t have any money, or ignore baliffs knocking on the door and you still won’t get a penny

Fortunately I was lucky and they paid up.

 

[Pearlsacarolsinger]

It's not but it depends on the amount given vs the amount it would have cost. Anything way over the actual cost would be classed as hire and reward

OP stated she gave £50 petrol money, that is considerably less than a full tank of fuel in a car which is big enough to tow a loaded trailer. So, unless she was just going next door, it's unlikely to be considered hire & reward. Legitimate expenses claims are 45p per mile according to HMRC.

 

[Fieldlife]

How much is the bill, this would influence if I could write it off or not.