small claims court – Court date set for claiming repair costs from car dealer

Marktheshark

From what the OP has said I can not see any real issues, other than what Colino mentions which will be the judge might take a betterment deduction from the claim if it is a routine part that is know to wear out, in that a section of the claim would have had to have been paid at some point as its a known failure.

ukwonderwoman

Strider590 wrote: »

What exactly is the fault? There's not a lot to go wrong with a timing chain, apart from stretching and complete/catastrophic failure.
I guess it could slip if the tensioner was broken, but this is a fault that would be obvious from the noise, well before it actually gave up.

The timing chain slipped, and bolts shot into other parts of the engine etc. Just a complete mess to be honest

The car also had a brake fault which didn't become apparent until I took the car to a multi storey car park and drove down a very steep ramp

ukwonderwoman

Quentin wrote: »

Now that you have paid for a hearing you really need to read up on the protocol for a court case.


(eg Any documents you intend to use in court must be served on the other side and copied to the court weeks prior to the hearing)


And consider getting legal advice on your chances of winning as unless you do all your court fees will be lost as well as you having to pay the other side's allowable expenses for attending court, and any witnesses costs you or the other side bring to court too.

I have every receipt, warranty, every letter I sent to the dealer, every letter I received from the dealer, I have proof of postage of every letter I sent, I also have a copy of the original advertisement where the dealer claimed the car was in excellent condition. AA reports etc

I just feel that for a car of its age, price etc I should not be made to pay 50% of repairs. The dealer is basing his defence on the fact that he feels the repair was too expensive and he could have got t done for cheaper (£400 for an engine failure on a BMW, I find hard to believe)