Car Damage - No Win No Fee?

DJS1988

Hope some of you can help..

I recently posted a thread in another board about my car being damaged by a mechanical car wash - the roof is badly damaged, so much so it needs replacing to the tune of about £2500!

AXA Car Insurance has denied liabilty on behalf of the garage owners, despite me strongly arguing my case.

I am now in the situation where I want to take them to court. I am not prepared to go via my own insurance as this will mean me paying £400 excess if I wish to have my car repaired now, and of course the premiums going up next year! I am unsure what my best move is to make, as I do not want, and cannot afford to pay legal fees. Many no win no fee solictors appear to be only for personal injury claims. I know little about the small claims court (I am looking into it now, am unsure if my claim could even be dealt with by them).

If there is anyone that can give me a little advise it would be much appreciated.

4743hudsonj

Small claims will be the case and by far the best option. Its a very informal (in comparison to other courts) and its usually heard at a table in a room in your local civil (county) court (not an actual courtroom as everybody thinks of one). You represent yourself so no laywers are needed and you dont have to front much legal knowledge as most of its common sense (based on the district judges knowledge of the law).

Its for claims up to £5000 and has fees ranging from £30-£120(i think) depending on the case. You pay for this up front but can submit it as part of your claim with reasonable travel expenses etc.

https://www.moneyclaim.gov.uk/web/mcol/welcome

Submit your claim online to begin action BUT before, make sure you write one final recorded delivery letter (keeping a copy yourself) titled 'Letter before action'. Sum out your full case to them one last time and your resolution (along with a copy of an official quote to repair the roof) and give them 10 days to resolve the issue or you will begin your small claims action.

This give you the best chance of success as its proof to the court you have given the garage satisfactory time to resolve it.

What is the damage exactly? How was it caused? Maybe a link to the other thread? Just to make sure you do have a case.

Equaliser123

Whilst the above post is right about small claims, I would not issue this online - but in your local County Court. The reason being is that you need to set out full particulars of the claim together with a schedule of the losses. The MCOL option is very limited.

No-win, no-fee will not be available as the matter would be dealt with by small claims court with no opportunity for the solicitors to recover their costs.

malkie76

Head to the CAB first for some informed advice without any fees. They should point you in the right direction.

DJS1988

Thanks all.

Here's the link to the previous thread. https://forums.moneysavingexpert.com/discussion/2414255= I cannot see how they can deny liabilty and I would be hard-pressed to find someone to give anotehr explanation of the damage caused.

My mum works in a court (not one that would deal with this type of thing) but in conversations with one of the judges there he expressed that I should fight this and have a strong case that he does not see me losing.

It annoys me that I should even have to pay court fees in the first place which is why I was looking at NWNF but I guess this isn't a possibility?

Thanks for the advice about the final letter.

unholyangel

Small claims court is actually pretty cheap.

As for the judge, is this his field of expertise? If not i would seek a 2nd opinion as otherwise, its the equivalent of asking A&E doctor to perform a triple bypass.......they may have a rough idea but they're really not qualified for the job so dont know the important details.

Not saying you're not entitled, just always seek advice through the proper channels and dont rely on a "my mates uncles friends gran who is a xxxxxxx says xxxxxxxxx".

DJS1988

Oh no totally agree, it's not his side of things at all - but my mum just ran it by him to get his thoughts on it.

So I guess my best bet is CAB probably with them advising me to go small claims court route?

unholyangel

Yeah. They'll make sure everything is in order.

I think someone already advised you to do a LBA and send it recorded delivery (and keeping a copy for your own records - thus proving you've given them a final chance to sort it).

4743hudsonj

DJS1988 wrote: »

Oh no totally agree, it's not his side of things at all - but my mum just ran it by him to get his thoughts on it.

So I guess my best bet is CAB probably with them advising me to go small claims court route?

If im honest, i dont see CAB of any use, they would only advise you to do what we have on here (issue a LBA and follow through) and it can be quite hard to get an appointment sometimes. Plus theres people who could really use the advice (no offence - just some people may have no idea where as you do).

unholyangel

4743hudsonj wrote: »

If im honest, i dont see CAB of any use, they would only advise you to do what we have on here (issue a LBA and follow through) and it can be quite hard to get an appointment sometimes. Plus theres people who could really use the advice (no offence - just some people may have no idea where as you do).

Customer service round my bit must be great or people here are clueless. My CAB is nearly always empty and can just drop in anytime Well except a wednesday......because they only do telephone calls then

Then again saying that the CAB werent 100% helpful when i contacted them in the past. Basically they just reaffirmed what i already knew. That being said. it was a complex issue (and no hudson, it wasnt how to tie my shoelaces :P).

4743hudsonj

unholyangel wrote: »

Customer service round my bit must be great or people here are clueless. My CAB is nearly always empty and can just drop in anytime Well except a wednesday......because they only do telephone calls then

Then again saying that the CAB werent 100% helpful when i contacted them in the past. Basically they just reaffirmed what i already knew. That being said. it was a complex issue (and no hudson, it wasnt how to tie my shoelaces :P).

Lol, round my area your lucky if you get to speak to somebody to tell you theyre too busy....

They are a great first port of call if you are truley clueless but they give very basic information and direction, which the op already has.