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Claiming through small claims court for car repairs

(16 Posts)
fivegomadindorset Thu 04-Aug-11 20:44:50

Would someone be able to give me a step by step guide to how to do this, I have looked on the website but my brain seems to have given up on me.

We are claiming repairs done on a car to make it roadworthy and safe to drive. Turns out it wasn't when we bought it.

We have reported to trading standards

We have written to the company and given them 28 days to respond which is coming to its end.

The car has been repaired by a reputable mechanic, he has kept all knackered parts and is writing a letter for us.

So next step is lodging the case with small claims.

thewizenedone Sat 06-Aug-11 19:53:12

Hello, I did this many years ago when a car my daughter bought caused nothing but trouble. I did however get an RAC independent inspection which was invaluable. The letter from your mechanic may suffice, is he a company or a friend? Also was the car bought with any sort of warranty, and did the company make any offer to repair? Small claims is fairly simple but prepare your case well.

fivegomadindorset Sat 06-Aug-11 22:09:10

Cocked up on the mechanics report by not getting one.
Mechanic not a friend, but recommended.
Car sold with warranty but when we went to claim they said warranty was refused due to age and mileage. Would never have bought without.
Company offered £500 which we refused. Has cost us £2100 at present and need to get airbags checked next week.

Grevling Sun 07-Aug-11 12:54:29

How long between buying and problems? Age and mileage between now and when bought.

Was the car sold as seen? What where the conditions of the warranty?

fivegomadindorset Sun 07-Aug-11 18:00:59

Four weeks before it became undriveable. We were sold it with a warranty, claim up to £500 worth of work at a time, no limit on claims for a year. The no warranty only came to light when we chased it up, they said because of mileage and age it wasn't covered. Engine is also not as stated on log book.

Look all I need some advice on is small claims process not the ins and outs, we fucked up by not getting it checked by an independent mechanic, now 2 mechanics and trading standards seem to think we have a good case, got nothing to lose.

Thank you anyway. Will try and get through to CAB tomorrow.

thewizenedone Sun 07-Aug-11 20:09:36

Hello, just trying to get a bit of info to try to advise - if you look on the County Court web site I think you can download the forms you need and it will also give you costs involved. Make sure you keep a total of all your expenses, not just the repairs, ie public transport etc, I claimed for and was awareded my daughters taxis costs. Its relatively straightforward. Wasnt trying to say, "you should have done this or that" was just trying to formulate a response which was appropriate; main thing is, ALL costs not just the obvious, exact dates, details of conversations, ie phonecalls or visits. HOw can the warranty not cover due to age? why have a warranty, are the exclusions highlighted. It sounds like you spent quite a bit of money on this car which in one respect is good as makes it more reasonable to expect it not to need so much money spending on it so soon. I hope that helps.

K999 Sun 07-Aug-11 20:13:39

Did you buy the car from a dealer?

Grevling Sun 07-Aug-11 20:30:10

https://www.moneyclaim.gov.uk/web/mcol/welcome to start small claims action

fivegomadindorset Sun 07-Aug-11 21:45:50

Thank you. Yes car bought from dealer. Thanks for the link.

Sorry for getting shirty earlier.

The bit I have got confused on is once forms have been filled they need to be lodged at court, my court which is in Dorchester and the County court or the one in Poole which is the borough that the dealership is in. Poole and Bournemouth different councils etc from Dorset.

Grevling Mon 08-Aug-11 08:45:49

Doesn't matter. You can file where you like.

26minutes Mon 08-Aug-11 09:10:53

Did you buy the car on finance? We're currently claiming for repirs to our car that weren't evident for a couple of months. The dealer ignored all our correspondence but the finance company have been great. They couldn't have been more helpful.

May save you the hassle of going through the courts.

thewizenedone Mon 08-Aug-11 09:32:51

You can lodge at your local court however they can request it to be heard at theirs. I would say get the forms ready so you can familiarise yourself with them, - been a while since I saw any forms- it will have a space for details of claim usually about half an A4 sheet if I remember correctly, you can type out the details on a sheet, double line space makes it easier for you and Judge to read. and attach this to the form. Be really pedantic, ie bought car on x date, fault arose on Y date, spoke to whoever on whatever date. In my experience Judges like as much detail as humanly possible.

It may be the case they will try to see how serious you are, and once they reaise County Court involved may settle.If not you will be well prepared for the hearing. Do not panic a going to Court or representing yourself the Judge will not expect you to be an expert. I would reiterate remember ALL costs incurred not least Court fee, maybe time off work for hearing and garage trips.

I get the feeling reading between the lines and the amount you have spent this was quite an expensive vehicle in which case it seems reasonable to expect that whilst it might have a minor fault or two, things seem to have gone vastly wrong in your case!

fivegomadindorset Mon 08-Aug-11 13:50:22

We paid in full just under £6k repairs have been £2100, so a third of the cost proice. Thanks for the info they still have a few days to respond but will get papers in order and chase up letter from repairing garage.

So far, transfer box, power steering pump, radiator, electrics and discovering the engine is not the one on the log book.

thewizenedone Mon 08-Aug-11 15:34:29

Thats quite a lot for a renovation project! shock I would make a big thing out of going to a reputable company as you wanted to protect yourself etc etc. If you had spent a couple of hundred most people would say you take your chances but I would be spitting mad. A couple of people on another thread say you cant claim costs, its been a good few years since I did my car dispute, so cant remember that far back. I still think they may co-operate once they realise your serious, that sort of money isnt the kind youn can or would want to write off! I take it the engine number is different? From what your saying I would be arguing that the warranty is for niggles, ie air con, maybe the electric windows dont work, I wouldnt expect them to even argue the warranty with a vehicle that is virtually being rebuilt by the sound of it angry

thewizenedone Mon 08-Aug-11 15:36:16

just another thought whats the mileage?

K999 Mon 08-Aug-11 18:06:46

If the car is not as described then you have a claim under the Sale of Goods Act. Can't believe the dealer are not accepting this! Are they a well known dealer? 6k is a lot of money and sounds like they have not registered the warranty to me!

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