Small Claims Court guide

welshlad46

New to the forum so do apologise in advance for all the writing. I will try and keep it as brief as I can. Purchased a car in April from up Keighley and I am from South Wales.

Car advertised (which I have proof off) as having cambelt and water pump just changed. Little over a week after owning it ..car had a water leak so I took it to a local garage on way to work for them to tell me that the leak was from the pump which I have now in my house and it definitely has not been recently changed and the cambelt has date on it from before the car being made so basically the garage said they thought both were original parts. The advert on their website where I purchased the car from though clearly states that the work has "just been done". So clearly this is wrongly advertised.

Contacted via email and 2 signed for letters with no contact back at all. 2 signed for letters came back as "addressee gone away" and "refused". Obviously, I still have the evidence also of the letters. The company has also appeared to of changed names since I purchased the car but is same people as my old car I part ex'd is still on the site and after contacting trading standards and citizens advice they advised me to look on "company house" to see if they are still trading. Now the original name has people try to strike them off and the new company name is still the same owner from the old name.

Other weird things is when I turned up a week after the test drive (was up Leeds at a show that's how I ended up viewing the car) there card machine would not work as they were "changing banks". Also, up on collecting they had lost all the car books, they fobbed me off with "they must have gone with another car". Also, they were doing a service in the week before I collected It but the spanner was on in the car when I collected. And to top it all off after he said he was going to send the "change of ownership" bit off for my old car, 2 weeks ago I had a letter off DVLA basically ready to send me a fine they hadn't sent the documents off and thought I was still the owner. All this as you can imagine has angered me so much and I don't think this company should be open at all and looking back I should have not purchased the car. But having travelled so far to get it I didn't really want to turn around and leave it and I am happy with the car. But I feel I shouldn’t have had to pay this £430 for the work to be done and the fact I cannot get hold of them at all is disgusting.

So as I have all the evidence do people on here think it would be a good idea to pursue it to the small claim courts or no ? its concerning me that if I cannot get hold of him via letter or email, will he actually ignore the court letters as well and then I’ve paid the fees for nothing?

Sorry again for the long message I just wanted to try and explain myself

Doc_N

welshlad46, I think you have a good case in theory.

Sadly, though, from what you've said, even if you won the case (quite possible) you'd end up even more out of pocket because the chances of retrieving anything from the defendants look remote.

welshlad46

yeah that is what is my worry is that they will still not pay. But surely I could them go to the next step of action. It just really annoys me that they are allowed to be still trading. It has been one thing after another and no reply at all. There lucky I live so far away and maybe for that reason as they knew I lived in South Wales they though ah we will not hear off him again

Doc_N

welshlad46 wrote: »

yeah that is what is my worry is that they will still not pay. But surely I could them go to the next step of action. It just really annoys me that they are allowed to be still trading. It has been one thing after another and no reply at all. There lucky I live so far away and maybe for that reason as they knew I lived in South Wales they though ah we will not hear off him again

Outside chance, but might be worth checking any legal expenses cover you might have as part of household, motor or other general policies.

They often exclude disputes like this but they do vary.

Cancanted

Hello All,

I'm been searching about taking someone to a small claims court over some work done by an electrician but not sure about what I'm doing or if I have a case.

I've been having work done on my home and it's been a nightmare, more cowboys than you find in a western!
After a dodgy builder, I had to have his work corrected and he was coming to take his materials back under the agreement we came too about it all. (he was taking his materials the date another company was coming to put new in - had taken months to agree suitable date for all) As I had alarm contact sensor boxes fitted to the door and window that was being removed. I rang an electrician. Lad came stated it was his fathers business who he worked for and I spoke to his father initially. I asked for the sensors to be disconnected, outside light fitted and a ceiling light fitted. I paid for the work and got a receipt for work done that day. Second visit worked on sensors brought his father with him. Stated I wasn't happy with his work on outside light and his father agreed it was wrong. Son said he'd come back another day as busy that day. Mentioned it needed to be quick as builder coming. Paid again for work done that day saying he'd get receipt book from van but he drove off. No problem I thought when he comes back to correct light I'll get it from him. Rang him repeatedly for over a week and finally texted him (son) for him to reply 'he'd quit' - couldn't make it pay he said, said he knew it messed with my plans. Replied in text saying I'd paid for work done he had to correct it. He ignored all my texts and calls, so did his father I was getting desperate as builder coming. I had to call another electrician urgently who said his work was all wrong, outside light - internal wiring had been used outside of property, connected to a plug socket, ceiling light spun around as not fitted to ceiling, sensors on window & door were still active, even though he supposedly disconnected them. (we tested them and they were still active) I wrote a letter of complaint to the Father, stating my complaint saying the work had, had to be corrected urgently so builder could get materials and wanted a refund. (I rang Son day of the works being corrected to say Electrician was with me and what he'd done wasn't correct or legal :eek: he hung up on me. His Son rang me and said he quit and not to contact his father, it was nothing to do with him. And he'd go out of his way for me to come put work right next week. Told him it had already been done and I wanted a refund (£230) or I'd take the father to the small claims court for cost of putting work right which was much more. He said to do what I must and hung up.
So now looking into this, but it all seems really daunting, and I'm not sure I've got a case as had work corrected, I'm going to write again to father to ask for initial refund (£230) or state again about taking him to the small claims court for cost of correcting his works at (£326) . His father is still advertising online and in local directories even though his qualifications are out of date too. I wrote to father as it was his telephone number on advert and made the arrangements with him, but he sent his Son. Am I correct it would be the father I'd take to court? Have kept recorded messages, texts from him and proof of trying to contact him on my landline bill. I am totally out of my depth and know it's not large amounts of money. I've registered on the small claims site and filled in most of the information but getting a bit panicky and just saved it for now?

Sorry to waffle on!!
Thank You!!

Dexter_Bruce

My son's car was damaged whilst in for repair and we initially used a local solicitor to assist with the claim. Estimates were provided to the solicitor who included the total amount in the particulars of claim (but did not submit the invoices). My son attended court this week and was successful in his claim but was awarded £500 plus costs as the judge stated he had not seen the detailed breakdown. Is this the correct process, should the estimates have been submitted, and is there any further action we can take?

da_rule

Dexter_Bruce wrote: »

My son's car was damaged whilst in for repair and we initially used a local solicitor to assist with the claim. Estimates were provided to the solicitor who included the total amount in the particulars of claim (but did not submit the invoices). My son attended court this week and was successful in his claim but was awarded £500 plus costs as the judge stated he had not seen the detailed breakdown. Is this the correct process, should the estimates have been submitted, and is there any further action we can take?

Did your son claim for more?

Did he take the breakdown to court to be able to show the judge?

Dexter_Bruce

Thanks for replying. He claimed for £3k and has estimates to support. He wrongly assumed the fact £3k was in particular of claim he didn’t need to take them to court.

waamo

Dexter_Bruce wrote: »

Thanks for replying. He claimed for £3k and has estimates to support. He wrongly assumed the fact £3k was in particular of claim he didn’t need to take them to court.

That's it then. Without any supporting evidence he was lucky to get anything at all.

You can't have a second bite of the cherry.

Dexter_Bruce

I was afraid that was the case, but thanks for replying. This was more around not letting the garage get away with blatantly denying they had damaged the car (when their before and after photos proved they had!) than the money