Yes it's The Car

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  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    If you get a judgement in your favour you would first try to get payment from the garage. They are the ones your dispute is primarily with. If they don't pay (which is highly likely) you can go straight to MBNA for the money.

    It's a lot easier to get the money from MBNA. Naming MBNA solely runs the risk that they will deny liability saying you should be chasing the garage first. Naming them both puts them both squarely on the hook.
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    waamo wrote: »
    If you get a judgement in your favour you would first try to get payment from the garage. They are the ones your dispute is primarily with. If they don't pay (which is highly likely) you can go straight to MBNA for the money.

    It's a lot easier to get the money from MBNA. Naming MBNA solely runs the risk that they will deny liability saying you should be chasing the garage first. Naming them both puts them both squarely on the hook.

    Thank you, ok thats an excellent idea, is there any type of template you know of for doing this type of procedure showing the wording i should you please?
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    I don't. In saying that the paperwork to start a claim is very simple and straightforward. All you need to do is name the defendants and give a very brief reason why they owe the money.

    To begin a claim a few bullet points is all that's needed. You will get an opportunity to expand later on.
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    Thank you waamo :)
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    edited 13 June 2017 at 5:20PM
    Without going back through the whole thread...

    mc303, has anyone brought MSE's Small Claims Court guide to your attention?
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    wealdroam wrote: »
    Without going back through the whole thread...

    mc303, has anyone bought MSE's Small Claims Court guide to your attention?

    yes i believe so i shall have to run through it again after the ombudsman has a final result
    thank you
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    Hi, with no great surprise the ombudsman did not uphold my claim, they stated that MBNA treated me fairly, I have to reply to them if I accept or decline their decision, Can you kindly advise me what I should do next please?
    Thank you :)
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    Do you have any further lines of appeal with the Ombudsman? If you do you should continue along that path for now.

    Court should always be a last resort and should be avoided if at all possible.
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    No the decision was final :( so is court the next step?
    thank you
  • waamo
    waamo Posts: 10,298 Forumite
    First Post First Anniversary Name Dropper
    If you have exhausted the Ombudsman route and you still wish to continue then you need to send a letter before claim to all the parties involved setting out what your complaint is and what resolution you expect.

    Again court should be a last resort and the parties should attempt to find some form of resolution.

    Should the garage and MBNA not play ball then you can instigate court proceedings.
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