Got my court date, what do I need to take?
17 May 2014, 07:58 AM
#1
Got my court date, what do I need to take?
Morning 
You may remember me asking about how to deal with a garage and a fault with the car, well they refused to fix it or pay towards repair, so I'm taking them to a small claims.
Basically car has a fault worth £500, contacted garage 5 days after purchase they said to bring it in. Car had another fault worth £600, local dealer agreed to resolve this fault as a recall. Advised garage and had work done, local dealer then looked into the first fault to see if that could be done as a recall, it couldn't.
I then contacted the garage again (3 months from purchase date) and was told it was too late, as they would have returned to the person they bought car from for repair.
As I understand it, purchasing a vehicle with a fault or with a fault that develops within 6 months is for the garage to resolve.
Garage is using a defence of me not thinking the car was faulty at point of purchase, but as I am no mechanic I refer to the main dealer and the garages own warranty company saying it was.
Thoughts? suggestions?
****edit
I won, they didn't show and the Judge was quite annoyed they had the cheek to fight it and waste his time.
Very clear cut, awarded the cost of repair and expenses.
They now have 14 days to pay.
*******edit
They asked to set the judgement aside, the judge called us in and basically beat them up for 20 minutes. They then paid.
You may remember me asking about how to deal with a garage and a fault with the car, well they refused to fix it or pay towards repair, so I'm taking them to a small claims.
Basically car has a fault worth £500, contacted garage 5 days after purchase they said to bring it in. Car had another fault worth £600, local dealer agreed to resolve this fault as a recall. Advised garage and had work done, local dealer then looked into the first fault to see if that could be done as a recall, it couldn't.
I then contacted the garage again (3 months from purchase date) and was told it was too late, as they would have returned to the person they bought car from for repair.
As I understand it, purchasing a vehicle with a fault or with a fault that develops within 6 months is for the garage to resolve.
Garage is using a defence of me not thinking the car was faulty at point of purchase, but as I am no mechanic I refer to the main dealer and the garages own warranty company saying it was.
Thoughts? suggestions?
****edit
I won, they didn't show and the Judge was quite annoyed they had the cheek to fight it and waste his time.
Very clear cut, awarded the cost of repair and expenses.
They now have 14 days to pay.
*******edit
They asked to set the judgement aside, the judge called us in and basically beat them up for 20 minutes. They then paid.
Last edited by pimmo2000; 12 September 2014 at 07:38 AM.
17 May 2014, 08:14 AM
#5
I went through the exact same at the beginning of the year with a evo 9.
First off my mentality told them I would drive it through there showroom window...this ended up with the dealer sending local plod to me for a quick chat (and some good advice!)
I think it was lucky welsh chap or something off here who advised me to go county court.
I did and as soon as they received the paperwork they contacted me by post stating if I could get it back down south they would sort it.
In the end I sent it back on a low loader , had it repaired and they transferred money to cover the low loader and all my travel expenses to collect.
A 2 bit back street car pitch may not give a **** about going to county court , lucky for me they was a decent sized dealer.
Even the people at county court said to me 9/10 will pay up before going to court , so stick to your guns.
Also you can add all your expenses to the claim , going to court/time out of work etc
First off my mentality told them I would drive it through there showroom window...this ended up with the dealer sending local plod to me for a quick chat (and some good advice!)
I think it was lucky welsh chap or something off here who advised me to go county court.
I did and as soon as they received the paperwork they contacted me by post stating if I could get it back down south they would sort it.
In the end I sent it back on a low loader , had it repaired and they transferred money to cover the low loader and all my travel expenses to collect.
A 2 bit back street car pitch may not give a **** about going to county court , lucky for me they was a decent sized dealer.
Even the people at county court said to me 9/10 will pay up before going to court , so stick to your guns.
Also you can add all your expenses to the claim , going to court/time out of work etc
17 May 2014, 08:27 AM
#6
I don't want the hassle, for £500 it hardly seems worth the dealers time.
Choc, they know it's no bluff, they have the date too and knowing something I don't? seems pretty clear cut to me?
I know I could lose and I hold no malice toward them, they just aren't very good at customer care.
Choc, they know it's no bluff, they have the date too and knowing something I don't? seems pretty clear cut to me?
I know I could lose and I hold no malice toward them, they just aren't very good at customer care.
17 May 2014, 08:29 AM
#7
Seems standard
The onus is normally on you rather than the trader to prove a claim (that is, to prove that the vehicle is faulty in some way). However, the law states that if you are claiming repair, replacement, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the vehicle was sold without faults when you bought it. This is called the 'reversed burden of proof'. After six months, the burden of proof reverts back to you to provide evidence to support your claim that the vehicle was faulty when it was sold.
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17 May 2014, 10:16 AM
#10
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I cannot see how they have a leg to stand on with this, you notified them of a fault and the 6 month clock stops, they have time to investigate and rectify before you reject.
they said they would repair which in my mind is a verbal agreement so going back on it afterwards is tough luck for them as you had it then done in good faith.
Good luck with the court visit and nail them.
they said they would repair which in my mind is a verbal agreement so going back on it afterwards is tough luck for them as you had it then done in good faith.
Good luck with the court visit and nail them.
17 May 2014, 03:47 PM
#12
I cannot see how they have a leg to stand on with this, you notified them of a fault and the 6 month clock stops, they have time to investigate and rectify before you reject.
they said they would repair which in my mind is a verbal agreement so going back on it afterwards is tough luck for them as you had it then done in good faith.
Good luck with the court visit and nail them.
they said they would repair which in my mind is a verbal agreement so going back on it afterwards is tough luck for them as you had it then done in good faith.
Good luck with the court visit and nail them.
So they said bring it back end of Nov, I said I'm in the middle of working through the faults with main dealer will get back to you, I went back end of Feb and they said it's too late.
The way I see it, even if the clock didn't stop, it's within 6 months.
18 May 2014, 09:31 AM
#18
I'd consult with a solicitor on this as I'm sure they have & this May be the reason they are so confident. Business owners don't go to court over £500 as the time out of work is worth more than that.
18 May 2014, 11:18 AM
#20
Travel time & expenses, waiting around before hand, solicitors costs & time out to consult with them. For a business it's hardly worth it unless it's over a large sum & you know you will win. I've never been sued I'm highly reputable & I would never let things go that far unless someone was blatantly trying it on. However I've been to court a few times to recover bad debts & it's never been worth it, the costs & loss of productive chargeable time usually outweigh what's recovered. Being paid two quid a month for several years is a PIA in admin & not worth having, but it is about the principle of it.
18 May 2014, 12:01 PM
#22
The main dealer however rejected this as did their own warranty company, as it occurred so close to purchase date and was a caused by condensation building over time.
18 May 2014, 09:52 PM
#28
I would love to..
But i think your in a battle that you are not gonna win..
The fact they asked you to return and the time span until you did will heavily go against you,however much you explain it away..
Its a complicated issue,and the judiciary hate that....Scared to death of doing the wrong thing they will often fall over to the easiest conclusion....
But i think your in a battle that you are not gonna win..
The fact they asked you to return and the time span until you did will heavily go against you,however much you explain it away..
Its a complicated issue,and the judiciary hate that....Scared to death of doing the wrong thing they will often fall over to the easiest conclusion....