Small Claims Court

Hintza

patman99 wrote: »

Sheriffdoms?. Sounds more like the Wild West than part of the UK.

Aye, it's the Sheriff who takes your licence away when you have been a naughty boy up here.

Raksha

Keeping an eye on this thread as in the process of trying to sort something out with the dealer we bought a car from 2 months ago.

http://www.bbc.co.uk/programmes/b01q1j5d link to BBC programme about the work of the Sherrifs in England

patman99

UPDATE:-
Court date was today. Judge was very scathing about a few things concerning the defendants. However, the defendants did drop a bombshell with the admission that they were selling the cars for another person, so the Judge (after asking me if I wished to do so), adjourned the case to resubmit the claim with a 3rd defendant added & amendments to the details of the 2nd defendant.

Looks like I get another, better prepared, crack at the parties concerned.

Raksha

Good luck.
Our garage have offered to go 50/50 on the cost of a recon replacement engine fitting after the fuel pump imploded at 72k, after we'd only done just over 1200 miles in it.
Took a letter before action for them to get around to the offer

arcon5

Can you share the particulars of the claim? So we at least know the details of your complaint and their defence

patman99

The claim details were as follows -

On Feb. 8th, I viewed a '53 plate vehicle. Having taken vehicle for test drive & checked the MOT certificate for advisories I returned on the 9th to complete the purchase.
After 2 days, there seemed to be a small pool of diesel on the driveway, so booked car in for inspection.
Mechanic found large list of faults with many being MOT fails (car had only done 1,000 miles after the MOT) and a good many of the faults would have been present at time of MOT.

Car returned to dealer to allow them to inspect/correct faults.
Dealer inspects vehicle and informs me vehicle will be repaired once parts arrive, but car is 'safe to drive in the meantime'.
Parts never arrive.
Several visits to dealership ensue, each with an excuse as to why they had not begun fixing the issues.

After failure to resolve the issue amicably, NBA is issued, followed 14 days later by Court claim.

Defence submitted was that the vehicles were being sold on behalf of a 3rd party who had employed the car salesman on a s/e commission-only basis.

Judge offers chance to add 3rd defendant to claim. I agree & case is adjourned.

dmliverpool

They will award actual costs over indicative e.g. if you scrapped it for £70 you have valued the car at that price.

patman99

Car is still in my possession. Will be claiming for the cost of parts to repair the car.

Ultrasonic

patman99 wrote: »

Car is still in my possession. Will be claiming for the cost of parts to repair the car.

And the labour cost presumably?