Commercial mediation

Debt collection and defective goods:

Multi party dispute involving delivery of commercial vehicles under a hire purchase agreement with a distributor, tied to a long term service care agreement with the vehicle manufacturer.

The lessee defaulted on payments resulting in a debt claim from the hire purchase company, to which the defendant counterclaimed the vehicles were defective.

The issues included:

• ascertaining and scheduling the debt
• product liability and apportioning liability between the vehicle manufacturer and distributor
• service levels under the care agreement and legal costs incurred to date