Should I use small claims court?

mikrt

Hi Forum,

Cutting a long story a bit shorter....

I bought a car from a garage September 2020 which showed an engine fault within 6 months. After a LOT of being messed about, the Garage owner agreed for me to have the work done, and he'd pay for it. This is mostly done via Whatsapp, and I still have these as proof if I need them.

As agreed, I got a quote from the garage first, which he was happy with, so I booked car in for the work (It was £208 all in) in May 2021 (yes, I know this is after 6 months, but problem was brought to his attention in February, when he had the car back, but failed to fix it)

When work was completed I got in touch, asking where he wanted the invoice to be sent (which included the bank details to use). So I forwarded the invoice to him via email to the address he instructed.

Roll on 4 months to this week, and I get a friendly call from the garage that fixed it, saying the work hadn't been paid for. Now they are being very sympathetic, they've seen the messages authorising the work, and they are giving me space to sort it.

I've called the selling garage owner often and left voicemail, and I've been sending Whatsapp messages, which he is not opening (But I can see he's been using Whatsapp). So I've concluded he's blanking me.

I've decided I'll wait till Monday, while continuing to try and contact him over the weekend, And send a letter and let him know that I intend using the small claims court to recover the money he owes.

Is this a fair response, or can you suggest alternative action? (I believe that once a small claim is initiated, I will be offered a mediation service first, which I intend using if it does come up) 

I realise I could simply go and see the garage owner at the garage, but it's over 65 miles away, and I'm trying to keep a "paper trail" as proof in case I need to.

Thanks in advance 

JJ_Egan

LBA   letter before action/ claim  google for templates .

TonyMMM

If the repairing garage did the work under an arrangement for the supplying dealer to pay, then it is for them to take proceedings.

If that is the case I'm very surprised they agreed to do it - most garages would insist you pay at the time and then reclaim from the dealer yourself.. 

Unless you have paid the repair bill, then at the moment, you can't really take the dealer to small claims court as he doesn't actually owe you anything ( he owes the repair garage).

mikrt

Thanks @TonyMMM , I understand your point.

This is where I may lose out. The selling and fixing garage have not been in contact with each other.

The seller authorised me to get work done, and he'd pay for it. I don't think it's fair to expect the fixing garage to chase it.

Initially he said for me to pay, and he'd refund me. But on the day the invoice was produced he did to forward it to him.

So do you think I'd be better off paying the fixing garage, then ask the seller garage to pay me? 

I suspect that will be a waste of time of he continues to blank me.

lincroft1710

If you authorised the fixing garage to do the work you owe them.


If the selling garage authorised the fixing garage to do the work the selling garage owes them.

mikrt

Thanks @lincroft1710, but that didn't really help, those statements are a given. The fixing garage will be covered.

My problem is how to get the money off the selling garage.

ItsComingRome

mikrt said:

Thanks @lincroft1710, but that didn't really help, those statements are a given. The fixing garage will be covered.

My problem is how to get the money off the selling garage.

It doesn't matter.  To sue you need to have suffered a loss.

At present the only entity to suffer a loss are the poor sods who got embroiled in your argument with the dealer and agreed to fix your car.

Pay them and THEN you (might) have a case against the garage.

mikrt

So what I think I've decided to do is, to send an LBA, registered, on Monday, instructing them to pay either me or the fixing garage within 14 days, or I'll be using the small claims as the next course of action.

@ItsComingRome, don't worry about the fixing garage, as already mentioned - they're covered, they are not worried as they know that. I'll be paying them if selling garage doesn't, and use that invoice in the claim.

Thanks all so far for your input.

kaMelo

mikrt said:

So what I think I've decided to do is, to send an LBA, registered, on Monday, instructing them to pay either me or the fixing garage within 14 days, or I'll be using the small claims as the next course of action.

@ItsComingRome, don't worry about the fixing garage, as already mentioned - they're covered, they are not worried as they know that. I'll be paying them if selling garage doesn't, and use that invoice in the claim.

Thanks all so far for your input.

You can't do it like that.  You have a contract with the selling garage to fix the car, the fixing garage has a contract with you to fix the car. You can only sue someone with whom you have a contract, as the fixing garage has no contract with the selling garage it's can't sue them nor can you sue on their behalf.

Keep your case clean and easy to understand. Pay the garage who fixed the car and complete that contract. You then have a quantifiable loss that you've actually paid to include in your LBA along with your evidence of a contract in the form of messages. It should be a slam dunk.

mikrt

kaMelo said:

mikrt said:

So what I think I've decided to do is, to send an LBA, registered, on Monday, instructing them to pay either me or the fixing garage within 14 days, or I'll be using the small claims as the next course of action.

@ItsComingRome, don't worry about the fixing garage, as already mentioned - they're covered, they are not worried as they know that. I'll be paying them if selling garage doesn't, and use that invoice in the claim.

Thanks all so far for your input.

You can't do it like that.  You have a contract with the selling garage to fix the car, the fixing garage has a contract with you to fix the car. You can only sue someone with whom you have a contract, as the fixing garage has no contract with the selling garage it's can't sue them nor can you sue on their behalf.

Keep your case clean and easy to understand. Pay the garage who fixed the car and complete that contract. You then have a quantifiable loss that you've actually paid to include in your LBA along with your evidence of a contract in the form of messages. It should be a slam dunk.

Thanks @kaMelo , I thought that's what I said at the end of the previous post?   

"I'll be paying them if selling garage doesn't, and use that invoice in the claim."

DB1904

mikrt said:

kaMelo said:

mikrt said:

So what I think I've decided to do is, to send an LBA, registered, on Monday, instructing them to pay either me or the fixing garage within 14 days, or I'll be using the small claims as the next course of action.

@ItsComingRome, don't worry about the fixing garage, as already mentioned - they're covered, they are not worried as they know that. I'll be paying them if selling garage doesn't, and use that invoice in the claim.

Thanks all so far for your input.

You can't do it like that.  You have a contract with the selling garage to fix the car, the fixing garage has a contract with you to fix the car. You can only sue someone with whom you have a contract, as the fixing garage has no contract with the selling garage it's can't sue them nor can you sue on their behalf.

Keep your case clean and easy to understand. Pay the garage who fixed the car and complete that contract. You then have a quantifiable loss that you've actually paid to include in your LBA along with your evidence of a contract in the form of messages. It should be a slam dunk.

Thanks @kaMelo , I thought that's what I said at the end of the previous post?   

"I'll be paying them if selling garage doesn't, and use that invoice in the claim."

Your choice to pay, I don't see you having a claim against the selling garage.