Court threat for asset finance but won’t collect asset to cover the debt

[MOSS 41]

Hi- as above , asset finance company have sent a pre action pack for £1810 for a personal guarantee on an asset , they refuse to collect , which would pay the debt twice over 

dry ager meat cabinets 

 

I can’t sell them I don’t Own them , they refuse to answer SAR and they refuse to collect (told me in phone call they won’t collect) - it’s been a year aswell , so assets have depreciated while they have sat in the same empty shop they delivered them too . They are still there .

 

how do I approach this , they have a duty to collect and duty to mitigate losses before starting court action - but what is the legal narrative on this ? 
 

Just defend and tell the court (if it gets that far)  they refuse  to collect I don’t owe the debt - the asset can clear it and provide evidence of values of items - valued £2000 each and there are two - so could sell £4000 , take away fees etc would still clear debt 

 

any ideas ?

[dx100uk]

Simple use our pre action protocol reply pdf

and state the asset is and has always been available for collection since xxx date.

 

[MOSS 41]

Thanks , will do , I understand mitigating of losses is a general rule rather than law , and they are being unreasonable in refusing to mitigate  their loss by collecting assets - and l would defend the whole amount claimed on this basis , and fact their delay has lessened value of assets etc - 

 

they would run up more than the claim amount in solicitor fees if they take this to court and don’t collect assets , as it’s small claims and costs can’t be awarded 

[BazzaS]

Duty to mitigate loss isn't a 'general rule, but case law (precedent)

 

https://en.wikipedia.org/wiki/British_Westinghouse_Electric_and_Manufacturing_Co_Ltd_v_Underground_Electric_Rlys_Co_of_London_Ltd

 

https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=2994&context=faculty_scholarship

 

highlights that you'll need to focus on the post-repudiation value, rather than any current value for the assets.

[MOSS 41]

@BazzaS

Thanks - that’s good stuff for me to use