MILS scheme saves client approximately £18,000

Case Details:

In November 2007, Mr David Fletcher entered into a Conditional Sale Agreement with Lombard North Central PLC, in relation to a Mercedes Benz Vito Traveliner. Allied Vehicles Ltd t/a Cab Direct were the supplier of the vehicle.

Mr Fletcher failed to make payments of the instalments due under the agreement with Lombard North Central PLC and the agreement was accordingly terminated by Lombard in March 2008. Following termination, Mr Fletcher owed Lombard the sum of £18,391.89. Proceedings were issued by Lombard against Mr Fletcher and he denied liability alleging in his defence that the vehicle was not of satisfactory quality nor fit for purpose. Lombard accordingly joined in Allied Vehicles t/a Cab Direct as a Second Defendant in the proceedings on the basis that should the Court find in Mr Fletcher’s favour, Lombard could then look to Allied Vehicles t/a Cab Direct to recover its loss on the basis that Allied Vehicles t/a Cab Direct had supplied a vehicle that was not of satisfactory quality nor fit for purpose.

MILS used one of their specialist barristers to represent Allied Vehicles t/a Cab Direct at trial.

Following a contested trial, the Court found that the vehicle supplied by Allied Vehicles t/a Cab Direct was of satisfactory quality and was fit for purpose, and there was no breach of contract by Allied Vehicles t/a Cab Direct. The claim against Allied Vehicles t/a Cab Direct was dismissed on the basis that the Court fully accepted the defence put forward by Allied Vehicles t/a Cab Direct. Lombard North Central’s lawyers had presented a Bill of Costs at trial in the region of £8,100.00 and sought to recover this either from Mr Fletcher or from Allied Vehicles t/a Cab Direct. The Court ordered Mr Fletcher to pay Lombard’s costs and ordered there was no liability due from Allied Vehicles t/a Cab Direct to Lombard.