Looks like I am going to court - would appreciate advice

User_060921

Hi guys, I will try and keep this concise.

Back in July, my vehicle went to a garage for repair.
On collecting the vehicle and having paid, the faults had not been fixed (as i found on the drive home) and I took the vehicle immediately back.
The garage verbally agreed to remedy the issue without further charge.
Three weeks later (despite the fact it should have taken 3 or 4 days) I went to collect the vehicle and they refused me a test drive and landed me with another (even larger than the first) bill. They refused to release my vehicle without paying the bill.
I paid under protest as I needed my vehicle.
On the drive home, the faults still hadn't been fixed. UItimately I had to employ the services of another mechanic to remedy the problem.
Since that time I have tried to resolve the matter directly with the garage but they have refused to engage so i started a MCOL case. They also damaged my vehicle while it was with the,
They have put their evidence via their response which is very lengthy and very wordy and of course full of B/S, inclusive of absurd claims such as the the problems on test drive one and two were new issues, and nothing to do with the fact that he had not fixed the problem it went to him for in the first place. 
I attempted one more time to resolve the matter, but they have refused mediation and this will likely now go to court.

So, I have kept photos, texts, letters which shows how he has changed his story left right and centre, albeit this will at least in part be word on word

I am relying on the consumer act 2015 to help me here.

So, in submitting my evidence to the court, and when I get to court I would appreciate some help please

Thankyou

User_060921

anyone?

Aylesbury_Duck

I'm not sure what help you need?  You've started the court process.  Just simply lay out the evidence, clearly and chronologically and without emotion or hyperbole, and let the court do its job. 

User_060921

Problem being a lot of the evidence is my word against his. I am now worried that the morale high ground and being 'right' wont be enough. I do have some evidence, certainly more than him, but i wonder if i am throwing good money after bad.

buglawton

The cost of a Small Claim (damages up to £10,000) is not high. But even if you win, no guarantee that any money hits your doorstep. However the fact that you are seen to be acting may prompt a settlement offer from the garage.

Worth a read:https://www.moneysavingexpert.com/reclaim/small-claims-court/

User_060921

they've made it clear they want their day in court. They have refused three attempts from me to settle the matter and also the offer from the MCOL service for mediation. Just waiting on a court date.

So far, I have paid £105. Its another £170 to actually get a court date.

My claims is £2500

Aylesbury_Duck

Fusterclucker said:

Problem being a lot of the evidence is my word against his. I am now worried that the morale high ground and being 'right' wont be enough. I do have some evidence, certainly more than him, but i wonder if i am throwing good money after bad.

I'm afraid no one here can tell you what the outcome will be. Only you can determine if it's worth risking another £170.  Their actions to date suggest that they're either confident they'll win in court, or they're just bluffing in the hope you'll blink first.   From your initial account there's a lot of he said/she said stuff.  Have you actually got any of their commitments, refusals, etc in writing?

Bermonia

There’s a good chance the garage are utilising this time to prepare to wind down the business and transfer assets to a ‘new company’

buglawton

Fusterclucker said:

they've made it clear they want their day in court. They have refused three attempts from me to settle the matter and also the offer from the MCOL service for mediation. Just waiting on a court date.

So far, I have paid £105. Its another £170 to actually get a court date.

My claims is £2500

Looks like you are already the expert then, I cannot think what more help you might need.

mattyprice4004

As above, sounds like you have it all in hand.
It's quite a simple process, just follow the steps and you'll be fine - but the outcome is far from guaranteed if it's a 'he said / she said' situation. 

User_060921

buglawton said:

Fusterclucker said:

they've made it clear they want their day in court. They have refused three attempts from me to settle the matter and also the offer from the MCOL service for mediation. Just waiting on a court date.

So far, I have paid £105. Its another £170 to actually get a court date.

My claims is £2500

Looks like you are already the expert then, I cannot think what more help you might need.

 I never claimed to be an expert bud.