Small claims court - what do I need to know?

[Mybobowler]

I'll try to keep this short.

We're sending a Letter Before Claim to a car dealer next week, following an almost six month nightmare after purchasing a faulty used car. This guy is a complete amateur and is out of his depth, but I would be amazed if he started cooperating now.

He has carried out two separate repairs at his own expense, so he has admitted liability in that sense. The point at issue now is that the fault has reoccurred and he is now saying there's nothing wrong with the car. We really didn't want to go down this path but we've run out of options. We've done everything possible to try to enforce our right to reject and negotiate a refund, but he is refusing to entertain the idea.

I'm feeling a daunted by the prospect of starting legal proceedings. I have a ten year old law degree, and I'm vaguely familiar with the parlance, but if anyone has any tips or advice for how to do this as a layperson, I would be very grateful!

Was the car on finance or cash?

Cash, unfortunately. Paid for with a personal loan but I'm not sure that helps us?

Hopeful bump!

Small claims court is reasonably straightforward. The intention is that non-lawyers should be able to make and defend claims without legal assistance.

It may be worth getting a report from an independent engineer to bolster your case since he claims there is nothing wrong with the car. You need to send a letter before action giving him a reasonable deadline and saying you will start legal action without further notice if he fails to respond. Once you've done that, you are ready to start your claim.

Lodge the claim online as it is a little cheaper that way. Don't forget to include the court costs in your claim.

Thanks @prh47bridge that's all reassuring.

We'll try to get an independent mechanic to carry out a diagnosis. I did call a nearby manufacturer specialist who told me that the best way to find out if there was a leak was to top it up by a litre of oil and keep track of the loss, which we did! The dealer then basically shone a torch underneath it, couldn't see any visible leaks and declared the car fault-free. The only alternative to diagnose a fault, according to the mechanic I consulted, is to take the engine apart. He charges £75/hr so this will be a very expensive job - could we add this to our claim as damages?

This is all such a nightmare. And all the while, we don't have a car!

It’s really easy. I don’t have a law degree but launched a successful claim against a university 2 years ago for the return of my tuition fees. It is all online and there is the facility to upload evidence. I think most recipients are full of bluster but when they receive the legal paperwork have an “oh F*” moment and back down.

@BananaPop2020 I really bloody hope that's what happens. I don't think he has a leg to stand on, and every point he's made in his defence so far is undermined by texts/receipts/photos. I just could really do without the stress and hassle. Well done on winning a claim against your university though, impressive!

You can pay for various RAC inspections, they offer more than basic checks (we used them twice for an argument with Halfords) there is also an ombudsmen ( if he's a small outfit unlikely a member but do check. If he isn't a member they will give you an email that you can show the judge that you tried to resolve) he could also be a member of some dispute resolution scheme.I

I've been (not for cars) twice and started both mcol. It's geared for the layperson and pretty informal.
Even if you do end up in court he could just not turn up.

@Mybobowler thank you! I had been so blatantly mislead and ripped off there was just no way I was going to take it on the chin. You sound very confident and well prepared. Stand firm as well- my claim went right to the wire (pretty much the day before it was going to Court) and then they folded.

Rather than shell out money for someone to take the engine apart, I would stick to showing that it drinks oil. It may not be a leak, of course. It may be burning oil. You don't need a full diagnosis. Just enough to say that it is faulty.