Small claims court

Sandtree

You have 6 years from the alleged breach of contract to issue court proceedings.

I've used the Motor Ombudsman once and the service was excellent, certainly compared to the FOS or PHSO which are both exceptionally slow (and PHSO is toothless). Maybe I was lucky, and we are talking 6 years ago but I'd said Mercedes should replace all four alloys and to deal with the betterment issue I'd contribute £200. Within a week of passing it to the MO I had Mercedes on the phone saying they'd be replacing all four for free.

pphillips

pablo_el_diablo said:

Sandtree said:

 they won't award you costs if you win (normally the defendant has to reimburse the claimant the court charges etc if they lose).

We've had a lengthy email exchange and the service manager have mentioned Motor Ombudsman direction, if I'm not happy with their judgment that everything was ok. But eventually they have stopped replying altogether. There was also no answer to my letter Request of the refund(sent by 1st class recorded). Poor reviews of the MO can be found online, and the conclusion is most regret going that way and should have gone to the Small claims directly. This is why the motoring industry is mentioning MO. Also, I'm not sure if the MO procedure is started, but leghty, let say after 3 months of waiting can Small Claims be involved? PS. The servicing cost was £450.

The court will expect you to follow the pre action protocol that requires you to assist the court in resolving disputes early by considering ADR, even if you decide not to use it, and to give the other party an opportunity to settle the claim before bringing a case to court (usually a letter before action is sufficient). For contractual disputes, you have 6 years to bring a claim to court.