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PI Brief Update

Editorial: The New Credit Hire - Aidan Ellis, Temple Garden Chambers

26/09/11. For a number of months the small claims track has been the forum for a series of disputes concerning repair charges claimed by RSA. Dubbed the new credit hire, the issue is particularly prone to arise in low value cases following liability admitted road traffic accident (a combination guaranteed to annoy District Judges). Many readers will be familiar with the contours of the dispute already. In support of the claim for the cost of repairs, the Claimant / RSA relies on a "breakdown of invoiced costs". The breakdown typically includes some unexplained charges such as "sundry allowances" including the mysterious "de-nibbing". Further, the amount of VAT does not add up. The Claimant / RSA refuses to disclose the actual repair invoice. Can the Claimant recover the amount shown on the breakdown of invoiced costs, even if it is higher than...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.