Breach of Contract; Misrepresentation; Default Judgment
Whilst the sum of money involved was small, and the motorist could easily afford to pay the £165 recovery charge that he had paid by debit card when booking the recovery, he felt that it was wrong that the commitment had been made to arrive in 60 to 90 minutes but not kept to.
Correspondence with the Breakdown Company was entered into suggesting that the contract was one in which time was of the essence and that the failure to keep to the contractual representations was a repudiatory breach of contract. It was suggested that a reasonable reduction in the fee should be made as compensation.
The Breakdown Company replied that it would offer no more than an apology for the delay.
At this stage a Pre-Action Protocol letter was sent to the Breakdown Company stating that the full charge would be claimed in court action in the absence of any attempt to settle the dispute. The Breakdown Company made no response and a claim for £165 plus the £25 court fee was issued.
The Breakdown Company failed to make any defence within the allotted 14 days and a Default Judgment was entered in the Motorist’s favour. Shortly thereafter, the motorist received a cheque for £190 in full settlement of the judgment debt.