Car Giant - Taken them to small claims, but what will happen now?

pinkshoes

I'd definitely pay £250 for an independent inspection report, as otherwise your evidence is a little thin on the ground.

Might be worth speaking to the court to ask what else would help your case.

arcon5

What evidence do you have for support your case since most of your supporting arguments don't seem to be in writing ?

As pug_ says, if you go in unprepared and loose, they are likely to claim for their costs for which you will be liable for!

sabz3008

The faulty component, ....which is apparently
In one statement from cargiant's 'independent engineer' - 'wear and tear' and the second 'driver induced error'
A report of which they did not send to me.

Tyler_Du

pug_in_a_bed wrote: »

Just remember that if you lose then you're responsible for their costs too:o

I didn't think this was the case with the SCC

SAK45

OMG reading your story sounded like i was reading my sister's. Similar thing happened with her BMW she bought from Cargiant in 2009.
Let me get in touch with her for full story.

sabz3008

pug_in_a_bed wrote: »

Just remember that if you lose then you're responsible for their costs too:o

With small claims, if they use a solicitor or anything - That's their choice, I won't be liable for their costs (Advice from co-op legal services)

sabz3008

SAK45 wrote: »

OMG reading your story sounded like i was reading my sister's. Similar thing happened with her BMW she bought from Cargiant in 2009.
Let me get in touch with her for full story.

Please do share that story with us! I've read dozens and dozens of complaints all over Google, just type in car giant review and they flood everywhere...Funnily, BMW's and Audi's at car giant always seem to have problems with the flywheel!... Maybe car giant keep the good flywheel's and fit in a faulty one :eek: .... Either way, they're just a terrible company...I actually feel to hold a demonstration outside car giant (on public road only obviously) with a big banner reading 'CAR GIANT ARE RIP OFFS' ... All they're interested in is fobbing off their warranties, which people say are rubbish too! and then a £95 admin charge, for WHAT?! , gosh, it really gets me angry talking about this company :mad:

Oopsadaisy

sabz3008 wrote: »

With small claims, if they use a solicitor or anything - That's their choice, I won't be liable for their costs (Advice from co-op legal services)

Correct...

pug_in_a_bed

sabz3008 wrote: »

The faulty component, ....which is apparently
In one statement from cargiant's 'independent engineer' - 'wear and tear' and the second 'driver induced error'
A report of which they did not send to me.

Hmm I think you're definately going to need some more supporting evidence, or its just going to be their word against yours.

I'd have a ring round locally and see if any other garages can help.

Its a long, long time since I went to the small claims, and my brain has since mushed up a lot!

pug_in_a_bed

Actually have looked it up now from the aboutsmallclaims website

No Costs” in the Small Claims Court
It is often said that there is a “no costs” rule in the small claims court. However, this does not mean that a victorious party cannot recover any costs incurred in a small claims case. Part 27 of the Civil Procedure Rules sets out the maximum costs which a judge can order a party to pay. Whether or not the judge will order a party to pay costs is ultimately a matter for him.

The costs awarded may depend on a number of factors including the relative financial status of the parties and their behaviour before and during court proceedings. If any costs awarded by the judge do not cover the expenses actually incurred, the party will have to pay them out of their own pocket.

Legal Costs and Fees

The victorious party can recover the following legal costs and fees:

• The costs of issuing the claim and any court fees which have been paid, such as the allocation questionnaire fee.
• If the case includes a claim for an injunction or specific performance - an amount for legal advice and assistance to a maximum of £260.
• If a small claims case proceeds to an appeal, the appeal court may summarily assess the costs of the appeal – the costs of an appeal are not subject to the usual small claims limitations.
• Any order for costs made before the claim was allocated to the small claims court

If you were sucessful I would have thought a judge would consider awarding you the cost of an independent report