I need to go to court. May I have some advice please

moneysavinglee_2

Hi, I wrote a while ago regarding some problems i have been having. Unfortunately now its time to take the manufacturers to court. So I was wondering if i can please get some advice on what Im doing. Ill be as brief as i can

I took my rifle to get it serviced. It was damaged when I got it back. The rifle has been back to the factory 3 times to be put right. Parts have been replaced FOC (which I assume is the factory accepting liability) but the rifle is still not working properly.

I have written to them formally asking them to repair the rifle, cover the costs of repair, or replace it. I gave them 10 days to reply. They havent replied, so now its over to small claims. I havent added up the total costs, but I think it will be well over £2000.

I am wondering if I need a solicitor? The second thing is if anyone can point out something that they would do differently having gone through a similar experiance?

Thanks Everyone

Equaliser123

Have they admitted responsibility for damaging it?

bod1467

Original thread ... https://forums.moneysavingexpert.com/discussion/4433503

moneysavinglee_2

Equaliser123 wrote: »

Have they admitted responsibility for damaging it?

Not explicitly. And even then, only verbal.

What I have is an invoice showing a service, then another 2 invoices showing work done for free. I would have assumed that was accepting responsibility, as people dont just do things for free...?

InsideInsurance

An offer to pay is not the same as an admission of liability.

Reality is that companies make many decisions on a cost benefit basis and it can often be cheaper and give good PR to do a minor repair etc for free than fight against a case.

moneysavinglee_2

InsideInsurance wrote: »

An offer to pay is not the same as an admission of liability.

Reality is that companies make many decisions on a cost benefit basis and it can often be cheaper and give good PR to do a minor repair etc for free than fight against a case.

Ok thanks for that advice.

Sounds like i need a solicitor then?

pinkshoes

When you wrote to them giving them 10 days to pay, did you send it recorded, or with proof of postage? You'll need that to show you've tried to get them to fix it before taking court action.

Valli

Most solicitors do a feee half hour initial consultation.

Use this to discuss case and likely cost of bringing an action IF you decide to use a solicitor

somethingcorporate

Can I ask for a breakdown of your costs?

Why will this claim (for an air gun) be in excess of £2,000? This sounds extremely high.

moneysavinglee_2

somethingcorporate wrote: »

Can I ask for a breakdown of your costs?

Why will this claim (for an air gun) be in excess of £2,000? This sounds extremely high.

Hi, yeah sure - The rifle itself is in the region of about £1600 in itself. Then there is the scope that may or may not be knackered (wont know till the rifle is fixed, but the damage to rifle is visible), which is about £350, then there are the mounts, £50 or so, £100 for the bipod they bent, the money I have already paid them which is over £200, the cost of going back and forth 5 times, and the cost of taking them to court.

I dont know what I can or cant claim for, but even if its just for the rifle, thats £1600 or so

Its not cleaver is it?!!?

moneysavinglee_2

pinkshoes wrote: »

When you wrote to them giving them 10 days to pay, did you send it recorded, or with proof of postage? You'll need that to show you've tried to get them to fix it before taking court action.

Yes of course

I have let them have it back 2 additional times. So thats 1 time for the service, and 2 times to fix the problems they caused.

I have offered to let them have it back for a 4th and final time in my letter, but they didnt reply.