Small Claims Court guide

Auldgit

wealdroam wrote: »

Auldgit, where are you based?

The 'five years' that naedanger mentioned is five years from discovery of the problem.

Hi, thanks for the interest. I'm in mid-Wales. AG

Auldgit

Just been told elsewhere that I might be able to claim under the Latent Defects Act 1986, which has a cut-off date for claims of 15 years from date of work. Anyone heard of this Act??

hollydays

Auldgit wrote: »

Just been told elsewhere that I might be able to claim under the Latent Defects Act 1986, which has a cut-off date for claims of 15 years from date of work. Anyone heard of this Act??

Latent damage act.
http://www.designingbuildings.co.uk/wiki/Latent_defects

STALLUK

Hi all new member here,
I will start at the beginning I have a VW MK4 R32 2 years ago I got my passengers front door replaced due to corrosion being present I had to pay 50% of the cost of this as vw said it was fold and seam whatever this meant,the car has a 12 year anti corrosion warranty so thought I would get this done FOC but was told had to pay half the cost...got this done as thought this would be my only offer from them...
Another 2years on and I have spotted rust on my roof (no broken paint or stone chips present) vw have said this is a mechanical paint fault caused by trim rubbing on the paint..(no broken paint).also I have found rust on my tailgate(boot)of my car this you can see has come from the inside out,this is a well known fault on the mk4 golf (the drainage holes where water if trapped in boot would come out have been blocked up (a Bung being put in both ends and sealed so water can't escape)at there factory,now I have reported to VW these areas And they have refused to do these under the 12year anti-corrosion warranty all my paint work is original factory paintwork and well looked after as I said both these areas are well known manufactures faults yet VW won't honour there 12year anti-corrosion warranty,I'm having an independent paint inspection carried out at my own expense after the holidays then will want to take VW to the small claims court to get them to honour the warranty..any help in this matter would be much appreciated,Mick.

wealdroam

STALLUK wrote: »

Hi all new member here,
I will start at the beginning I have a VW MK4 R32 2 years ago I got my passengers front door replaced due to corrosion being present I had to pay 50% of the cost of this as vw said it was fold and seam whatever this meant,the car has a 12 year anti corrosion warranty so thought I would get this done FOC but was told had to pay half the cost...got this done as thought this would be my only offer from them...
Another 2years on and I have spotted rust on my roof (no broken paint or stone chips present) vw have said this is a mechanical paint fault caused by trim rubbing on the paint..(no broken paint).also I have found rust on my tailgate(boot)of my car this you can see has come from the inside out,this is a well known fault on the mk4 golf (the drainage holes where water if trapped in boot would come out have been blocked up (a Bung being put in both ends and sealed so water can't escape)at there factory,now I have reported to VW these areas And they have refused to do these under the 12year anti-corrosion warranty all my paint work is original factory paintwork and well looked after as I said both these areas are well known manufactures faults yet VW won't honour there 12year anti-corrosion warranty,I'm having an independent paint inspection carried out at my own expense after the holidays then will want to take VW to the small claims court to get them to honour the warranty..any help in this matter would be much appreciated,Mick.

Have you had this vehicle from new?
If not, is the warranty, particularly the anti corrosion bit, transferable?

Does the anti corrosion warranty state that regular inspections of the paintwork must take place? Those that I've seen do state something like that.

If so, can you confirm that all the necessary inspections have taken place?

STALLUK

Thanks for the reply appreciated,yes the ant-corrosion warranty is for the 12 years no matter who owns the car...(I'm the 3 owner of this car).no rust has been seen before as its only come up recently,I clean and polish my car weekly so as soon as I have spotted the rust I have reported it to VW,as in my post VW done a repair on my door 2 years ago and no rust was anywhere else on the vehicle then,these areas of rust are a manufactures defect and are a common problem on the Mk4 R32s....(all mk4 golf models)loads of people in similar situations have had there's don FOC or been offered a so called goodwill gesture a % of money towards the cost of sorting these problems out....

STALLUK

Evening all,this has escalated further now,I have had my paint inspection done on my car(by Scotia a court approved independent paint inspection company)now and the conclusion is that these areas of rust should be covered under the 12 year anti corrosion warranty that VW gave with all VWs.
I sent this report to VWUK head offices and they have said that Scotia's report will make no difference to there stance that they will not contribute to the cost of this report or to honour the 12 year anti corrosion warranty...I have given VWUK every opportunity now to resolve this matter before court action i am now left with taking this to the small claims court to get these areas of rust fixed...
By VWUK,Would really appreciate any help in getting the ball rolling to take VWUK to the small claims court I feel I have a very good case to take this to court but haven't done anything like this before and just need some help,thank you for reading and hopefully can get this sorted out.
Thank you ,Michael.

wealdroam

STALLUK wrote: »

Evening all,this has escalated further now,I have had my paint inspection done on my car(by Scotia a court approved independent paint inspection company)now and the conclusion is that these areas of rust should be covered under the 12 year anti corrosion warranty that VW gave with all VWs.
I sent this report to VWUK head offices and they have said that Scotia's report will make no difference to there stance that they will not contribute to the cost of this report or to honour the 12 year anti corrosion warranty...I have given VWUK every opportunity now to resolve this matter before court action i am now left with taking this to the small claims court to get these areas of rust fixed...
By VWUK,Would really appreciate any help in getting the ball rolling to take VWUK to the small claims court I feel I have a very good case to take this to court but haven't done anything like this before and just need some help,thank you for reading and hopefully can get this sorted out.
Thank you ,Michael.

You will find lots of help in the article linked to from the opening post in this thread.

In particular, the extract quoted in post#3 should help you get 'the ball rolling'.
Here it is again:

Going to court should be a last resort
Court action shouldn't be your first attempt to get redress. You must be able to show that you have tried to settle a claim before taking court action - if you can't, the court may penalise you.

The court will expect you to have already made your claim in writing, giving the other person a reasonable amount of time to reply (you should specify a time limit in your complaint letter). You should also warn them that you'll take court action if they fail to reply within the given time. You never know, just saying this may be the kick up the bum they need to cough up.

Don't rule out mediation before it gets to this stage. Sometimes even if you start a claim, the court might refer your case to a mediator. But don't worry, if you settle out of court before the hearing, you may be able to get some of your court fees refunded.

naedanger

STALLUK wrote: »

Evening all,this has escalated further now,I have had my paint inspection done on my car(by Scotia a court approved independent paint inspection company)now and the conclusion is that these areas of rust should be covered under the 12 year anti corrosion warranty that VW gave with all VWs.
I sent this report to VWUK head offices and they have said that Scotia's report will make no difference to there stance that they will not contribute to the cost of this report or to honour the 12 year anti corrosion warranty...I have given VWUK every opportunity now to resolve this matter before court action i am now left with taking this to the small claims court to get these areas of rust fixed...
By VWUK,Would really appreciate any help in getting the ball rolling to take VWUK to the small claims court I feel I have a very good case to take this to court but haven't done anything like this before and just need some help,thank you for reading and hopefully can get this sorted out.
Thank you ,Michael.

From what you have said that is pretty shocking service from VWUK.

If you live in England or Wales then you can submit your claim online using the following guide:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488438/money-claim-online-user-guide.pdf

All the best.

STALLUK

Thank you wealdroam,appreciate your time in replying to my post...👍🏻🍻