The Zohan

This goes back to a faulty gearbox - second hand.

Not fit for purpose according to the mechanic that fitted it and the gearbox specialist who looked at it.

The breakers yard just get agressive, deny responsibility and then swear at me if i call them.

How do you go about small claims

cost of gearbox was £ 350.00

Is it easy, does it cost much to do, what are your experiences?

David Lock

Phone up a County Court and ask for set of forms. I have just done this but not got around to completing yet. You have to pay a smallish fee (less than £50 IIRC) but you can claim for that as well.

To state the obvious keep notes/records of everything.

See you in court

Edited to add. Might be worth asking Trading Standards for a set of their notes on consumer regs as you can use this to quote directly. If writing to anyone you can always put cc Trading Standards on bottom as this makes it look as if you mean business - especially to some Doberman and his one grey cell tatooed owner working in a breakers.........

Chubbs

You could try this Paul, not used it myself as yet!!

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Steve

little-ginge

May need to go through the small claims process myself, and if you do need to instigate proceedings, have been recommended this site by a very helpful Snetter..

http://www.hmcourts-service.gov.uk/

did a quick serach for you and this link, in addition to the above one, may help you.

http://www.hmcourts-service.gov.uk/c...ex307_0206.pdf

fast bloke

have you asked or are claiming for a refund?

RLE

iTrader: (2)

Really simple to do Paul. Either use the online system or fill in and print off the N1 claim form. Forward to your local court enclosing the original and a copy (which they send direct to the defendant once issued) and away you go. Just remember to make sure you sign it to avoid any delays and attach any documentation that you may want to rely on.

If a defence comes through (which they may string out by issuing an intention to defend giving them an extra 28 days to file particulars) you will receive an allocation questionnaire which is to simple to complete. Asks for details on any witness and expert reports that you will rely on etc. Once the forms have been returned the judge will review and allocate a hearing date in chambers (given the small value)

Your decision to issue may force the breakers hand and show them you are serious..................

Good luck

little-ginge

It's the helpful S'netter RLE - the company I was telling you about have gone into administration as of 6/2.. Have contacted the joint administrators and have loads of forms and stuff to fill out. Thanks for all your help!!

The Zohan

Yes, sent letter asking for refund within 7 days with reasons why - recorded delivey, no reply.

Thanks for all the advice, very much appreciated!

fitzscoob

I used the small claims court before, on an insurance related issue. Very good service

PS Got the git that tried to stitch me up too

MikeCardiff

iTrader: (2)

Beware though that SC can take a long time to get sorted - I took someone through it before for non delivery of something I ordered, took about 11 months before I actually went to court, then when they lost another month for them to come up with the money.

What I now do is fill in the form online at moneyclaim and print it out ( but not submit it straight away ), then fax or post it to the person with a note saying that it will be filed with the court in 7 days unless a refund is forthcoming.

This way, it shows you are serious, but doesnt actually cost you anything, most of the time this is enough of a kick in the **** to get get the person to sort the refund, and saves you having to wait ages for the money - if they dont reply, then you just file the claim and go from there.

The Zohan

Brilliant, thanks for the advice

Mike - I will give this a try, it might put a rocket under them.

Paul

Abdabz

I had an issue with a dodgy car security firm last summer...

CAB told me to write/email to the company once explaining what it will take to settle the matter without the involvement of the courts and in this letter state a date 7 days from the day you send it - stating this date is the date by which you need a reply...
After those 7 days (as you know full well they will ignore it) you should write/email again stating that in 5 days time you will be proceeding through the courts to claim back your money...

This is all so you are seen to A) be documenting your issues so there is more than just a verbal record in court and B) to prove you have allowed reasonable timelines to resolve the matter...

After 7 days take yours and their correspondence to the small claims court office (CAB will confirm location) pay a small (I think ~£40) fee and await with relish your day in court.

Odds are they wont turn up to the hearing...Court will order in your favour. You then appoint the biggest scariest bayliffs to go round and remove goods to the value of £350 + costs (as you know they wont pay regardless of the courts decision)...
Its messy and time consuming, but if you're like me and a nowty little bugger you wont let it drop...
Good on you and good luck
P