Help needed re: small claims court

busymum33

I am tearing my hair out here. Any help much appreciated. I put in a claim to the small claims court to recoup the money we paid out to have my son's car put right after Nationwide Autocentre had got their grubby spanners near it. As an example of what they did, they quoted £50 for diagnosing the fault (the car was towed there by the AA after it broke down - not my son's choice of garage). This turned into £194 when he went to collect it. I paid it to get the vehicle back (my son couldn't afford it as he was still at school doing A levels at the time). We later found out they had dismantled most of the engine but FAILED TO PUT IT BACK! The engine was in bits in the boot. It's cost us almost £1000 to put right this, the original problem (cylinder head gasket which the AA had told us anyway) and repair the damage they did (broke manifold taking engine out).

Despite complaining and following the procedures set out by Trading Standards (they returned our letters of complaint!), they disputed almost everything I said and refused to put the car right, so I took them to court. They asked for extra time to prepare their defence but didn't actually file a defence in the time given (or at any time). I therefore asked for judgment to be made against them. I was told this had gone through, but I have now received a letter from court saying they've asked for the judgment to be set aside and we all need to go to a court hearing. I am devastated - I have very limited hearing and any situation like this just frightens the life out of me. I thought it was all settled.

Any help/advice anyone can offer? I'm a widow struggling with ill health and I could well do without this. (by the way, son got good A levels, now at uni)

concerned43

hi, sorry to hear about your plight! same thing happened to me with a garage, I took them to court and won my case but they went out of business before I got any money - complete waste of time and money. Your only option here is to go back to court - I guess you might want some support and suggest you contact your nearest CAB who can, (resources permitting) represent you in court or do you have any family who can support you?

Oopsadaisy

1. Don't worry....small claims is very friendly for ordinary members of the public.

2. Write a letter IMMEDIATELY objecting to any proposal to set aside the judgement in default. They need to have an extremely good reason/excuse before the judgement will be set aside. They shoudl explain whay they want it set aside [you should have already had sight of their submission for this]...if it's not good enough, say so and ask the court to dismiss their application.

3. Even if it goes to court, it's fairly informal and the judge is used to helping you as much as possible. You can take a friend with you. It's not in a 'full court', simply in a large-ish office. No fancy wigs [unless you want to wear one...ol].

busymum33

Thanks for these really helpful replies. Yes I do have family who can come with me. I will write immediately to the court objecting to this.

I just feel this company are doing everything they can to be awkward. They asked for extra time (at the 11th hour) to come up with a defence and then didn't bother filing one. It's as if they want to drag it out deliberately.

CHR15

Don't worry about the Court.

I took a Solicitor to Court once, it isn't a huge room full of people, it was nothing more than an Office.

Judge sat opposite and another person recording the going on, we sat the other side. The Solicitor in my case, despite all the threats, didn't turn up.

All really informal. Nothing to worry about at all.

susiesae59

Try not to worry about it too much as advised get in touch with the court these idots have wasted enough of your time, tell the court that your have severe disabilities and it really is too much what they are being allowed to put you through they never filed a defence and should not be allowed to set the judgement aside, I`m only just home but trying to look into it, drop your MP a line about this disgrace and try the newspaper again they want naming and shaming this as gone on long enough will email you really soon from your big sis x

busymum33

Thanks for your help folks. I've sent off a letter to the court asking on what grounds the defendants have asked judgment to be set aside. I also asked that this application be dismissed, explaining the delays and underhand tactics this company have used throughout this complaint. I await their response.

Any further thoughts are still most welcome.

Darksun

You can contact the Court Service Disability Helpline on 0800 358 3506, they should be able to give you some advice

pendulum

This would be the same problem as described on the consumer action group website in more detail, am I correct? Link to google cache as consumer action group website isn't working at the moment.

Tozer

Hello

It isn't quite correct that the Court will dismiss the application on its own merits. However, they have to have a case which has a realistic prospect of defending your claim.

I suspect it WILL go to hearing but, as others have said, don't worry. It is very informal. I've always quite enjoyed set aside applications as it is for them to convince the judge that they are right and not for you to prove them wrong.

I would be really surprised if they actually went to the hearing. IF they don't, judges usually rule against them.

How much is your claim for?

Tozer

susiesae59 wrote: »

Try not to worry about it too much as advised get in touch with the court these idots have wasted enough of your time, tell the court that your have severe disabilities and it really is too much what they are being allowed to put you through they never filed a defence and should not be allowed to set the judgement aside, I`m only just home but trying to look into it, drop your MP a line about this disgrace and try the newspaper again they want naming and shaming this as gone on long enough will email you really soon from your big sis x

No, it is a court process and has nothing to do with MPs or local press. Judges absolutely hate that sort of thing as it is for them to apply justice in accordance with law - not MPs or newspapers to determine disputes.