Getting my money back through Section 75?

grumbler

Either in a court or via s75 claim you can add the cost of the report to the amount you claim (s75 does cover consequential losses).

eddddy

grumbler wrote: »

Either in a court or via s75 claim you can add the cost of the report to the amount you claim (s75 does cover consequential losses).

Actually, it's not that straightforward with the small claims court. An engineer's report would be treated as an expert witness report. The court may give special directions about this.

STANDARD DIRECTIONS
(For use where the district judge specifies no other directions)

5. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

...
SPECIAL DIRECTIONS
It appears to the court that expert evidence is necessary on the issue of ............ and that that evidence should be given by a single expert to be instructed by the parties jointly. If the parties cannot agree about who to choose and what arrangements to make about paying his fee, either party MUST apply to the court for further directions. The evidence is to be given in the form of a written report. Either party may ask the expert questions and must then send copies of the questions and replies to the other party and to the court. Oral expert evidence may be allowed in exceptional circumstances but only after a further order of the court. Attention is drawn to the limit of £200 on expert's fees that may be recovered.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27

bris

Don't forget the age and mileage of the vehicle at the time of sale is also taken into consideration. Just because it has a 3 months warranty doesn't mean the gearbox is only 3 months old. Wear and tear is not covered either by a warranty or the SOGA.


The expert report doesn't just have to state the gearbox failed but why it failed, this is the key to winning or losing.

chanz4

Fully agree I had a leon diesel turbo blow wiping the 1st chamber of the engine with it meaning a new engine. This was under 12 months on a 4 year old car.


I took legal advice and was advised I 100% needed a report saying why failed, you can get these done by car inspectors

Neilx5

Thanks all, I will let you know how I get on.