Should I use small claims court?

kaMelo

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."

You did. but...
"I'll be paying them if selling garage doesn't, and use that invoice in the claim."
is not really fair on them.  Whilst unlikely, as they have been incredibly patient, they could sue you for their unpaid invoice. Just pay them and put that part to bed.as until you've paid them you haven't suffered any loss. Taking things to a natural conclusion that could result in your case being lost against the selling garage.

Once paid you have proof, a quantifiable loss if you will, with an invoice paid in full to put into your claim along with your messages proving a contract exists between you and the selling garage. Whilst nothing is certain it does seem a slam dunk.

mikrt

For those who are interested......

I actually got seller to answer phone last week - I'm sure he picked up by accident. Anyway he apologised and said he didn't run the garage anymore but that he'd pay sometime that day. His auto-trader ads say otherwise.

Roll on 4 to 5 days and nothing. Spent 2 days calling every few hours and not picking up. Used wife's phone and he answered. I reminded him that we'd both told each other that our phone calls were being recorded and that I had screenshots of our messages. He said he'd pay in 5 minutes. And he did. So it's all over, happy days, garage and me happy.

Thanks again.

kaMelo

Good to hear it's all worked out in the end, even if it's been rather slow to get there.