Let us know your experiences of taking small claims action

Butlers1982

Anyone wanna help me out with this:
Bought a car for £8000 7th Jan09
Noticed on the 8th Jan that several of the items on the Advertisement were incorrect.
Went back to the garage 8th Jan to query and to collect service history. was advised at this point that the advertisement was pre populated by auto trader.
after getting the service history i noticed more errors on the advertisement. Went back 9th to query and was told by the owner he was sure the information was correct.- offered to take the car back
on the 12th Jan i went to the dealership to find out the date of when the work was done and it turns out the advertisment was incorrect.
Wrote a letter to the garage to see what they could do- no reply
wrote a second letter giving a final 7 days- refused to sign for.

Went to trading standards and they liased with the garage:
The garage admit the advertisement was incorrect, they say it is prepopulated by auto traders systems- although they admit they should have checked.
The have offered to get the part replaced at their garage.

I declined this offer as i do not want them to touch my car.

Iam happy with how the car runs but the ad stated that over 1000 had been spent less than 500 miles ago, it hadnt it was over 22k miles ago.
I want compensating for this difference

ANyone any experience of this?

Tozer

Difficult to know what loss you have suffered here. It seems that it would just be the reduction in value of the parts in respect of which money has been spent. Very difficult to prove I think.

Art_2

Butlers1982 wrote: »

Anyone wanna help me out with this:
Bought a car for £8000 7th Jan09
Noticed on the 8th Jan that several of the items on the Advertisement were incorrect.
Went back to the garage 8th Jan to query and to collect service history. was advised at this point that the advertisement was pre populated by auto trader.
after getting the service history i noticed more errors on the advertisement. Went back 9th to query and was told by the owner he was sure the information was correct.- offered to take the car back
on the 12th Jan i went to the dealership to find out the date of when the work was done and it turns out the advertisment was incorrect.
Wrote a letter to the garage to see what they could do- no reply
wrote a second letter giving a final 7 days- refused to sign for.

Went to trading standards and they liased with the garage:
The garage admit the advertisement was incorrect, they say it is prepopulated by auto traders systems- although they admit they should have checked.
The have offered to get the part replaced at their garage.

I declined this offer as i do not want them to touch my car.

Iam happy with how the car runs but the ad stated that over 1000 had been spent less than 500 miles ago, it hadnt it was over 22k miles ago.
I want compensating for this difference

ANyone any experience of this?

I wouldn't waste any time on this and would go straight to the Small Claims Court. Lay out your case and state what you want by way of compensation.

make sure your case is as detailed as possible.

If you paid by credit card copy them in on the correspondence and ask them to get involved as they are equally liable.

regards,
Art.

Tozer

Art wrote: »

I wouldn't waste any time on this and would go straight to the Small Claims Court. Lay out your case and state what you want by way of compensation.

make sure your case is as detailed as possible.

If you paid by credit card copy them in on the correspondence and ask them to get involved as they are equally liable.

regards,
Art.

And what do you calculate the damages to be?

Butlers1982

i would guess the difference is the cost of having the items, i have been to the dealership and have an invoice for £1500 in total.

Brooker_Dave

Art wrote: »

I wouldn't waste any time on this and would go straight to the Small Claims Court. Lay out your case and state what you want by way of compensation.

And then get laughed out of court because when the garage were made aware of the issues, they offered an immediate refund?

WhatFrickingUsernameIsnt

I was sold a dodgy laptop on eBay. Nether eBay nor Paypal cared less about their flawed procedures.

I claimed for £540 in a Scottish court. I was awarded The full amount, plus £100 expenses plus 8% interest.

The process was long but pretty easy. The other party got wise and stopped responding when the courts started writing to him.

I ended up with diddley squat and in hindsight I would have my friends who where down there at the time, and offered, to go around and kick the living crap out of the guy. :rotfl:

In fact anyone in the Nottingham area is quite welcome to keep the money if they can get it off him.

jd87

WhatFrickingUsernameIsnt wrote: »

I claimed for £540 in a Scottish court. I was awarded The full amount, plus £100 expenses plus 8% interest.

The process was long but pretty easy. The other party got wise and stopped responding when the courts started writing to him.

I ended up with diddley squat and in hindsight I would have my friends who where down there at the time, and offered, to go around and kick the living crap out of the guy.

I don't understand. You were awarded £540+ but ended up with nothing. How does that work?

Brooker_Dave

jd87 wrote: »

I don't understand. You were awarded £540+ but ended up with nothing. How does that work?

Scottish court vs England - waste of time.

oldagetraveller

jd87 wrote: »

I don't understand. You were awarded £540+ but ended up with nothing. How does that work?

Dead simple really, the other party (private individual) just ignore all communications, are never at home when the bailiffs knock on the door and are not allowed entry etc..
In my case I was awarded the claim by default plus costs, £1500 + £350 and in spite of this never received a penny. The defendant obviously received a CCJ but like most unscrupulous people that's just like water off the old proverbial duck!
The whole procedure was a complete waste of my time, the court's time and my money. If I'd not bothered I would have been £1500 out of pocket but it ended up a lot more when all the different up front fees etc. were added.
Eventually I gave up with chucking good money away with no financial result for myself. I've lost faith in the system, so, never again.