Claiming for damage caused in England, but company HQ in Scotland.

Jetandy

Hi
I've called multiple helplines but nobody seems to be able to give me a definitive answer - or I sit on hold to the courts helpline and never get answered.
I bought tyres online through Blackcircles.com. They arranged for fitting at ATS Euromaster in Sussex, near my home/work. (both companies owned by Michelin).
ATS fitters damaged the wheel.
I contacted Blackcircles who said to deal with them as my 'contract' was with them. Long story but essentially they will only offer a wheel repair, but this will not return the wheel to 'as new' condition - for various reasons. (So they have admitted liability).
The car is less than 2 years old, with no other damage or marks.
I will not accept this repair and want to make a claim for a new wheel, approx £1000.

The question - do I follow the English or Scottish process? I've had opinions both ways.

If I followed the Scottish process could I be asked to attend court in Scotland? Wouldn't seem fair.
But the 'offence' occurred in England.

Can anyone tell me the way it should be done?

Thanks

born_again

Given the car is nearly 2 years old (less than, is the same). Wanting a new wheel is betterment & not a option under your rights.

Take the offer of a repair. Odds on going to court will not get you a new wheel.

ArbitraryRandom

As above, the wheel was not new - so what argument would you be giving in your claim for a new replacement? 

DullGreyGuy

Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

Jetandy said:

If I followed the Scottish process could I be asked to attend court in Scotland? Wouldn't seem fair.

Your choice to choose a Scottish company than a local one. It's why they say you acknowledge to agreeing to the terms by buying. 

user1977

Jetandy said:

If I followed the Scottish process could I be asked to attend court in Scotland? Wouldn't seem fair.

Why would it be more fair for the defendant to have to schlep down to an English court?

But in general, it's very unlikely for such claims ever to result in the parties having to turn up and give evidence.

Alderbank

DullGreyGuy said:

Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

Blackcircles is an Edinburgh company.

Their website says:

About the Law relating to these Terms and Conditions

We are situated in Scotland and the laws of Scotland shall govern any interpretation of these terms and conditions.  The Scottish courts shall have jurisdiction in any disputes between us in respect of these terms and conditions and the use of this website.

DullGreyGuy

Alderbank said:

DullGreyGuy said:

Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

Blackcircles is an Edinburgh company.

Their website says:

About the Law relating to these Terms and Conditions

We are situated in Scotland and the laws of Scotland shall govern any interpretation of these terms and conditions.  The Scottish courts shall have jurisdiction in any disputes between us in respect of these terms and conditions and the use of this website.

You need to look at the Terms of Sale rather than the Terms of Use but was letting the OP do some of their own leg work. 

born_again

Alderbank said:

DullGreyGuy said:

Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

Blackcircles is an Edinburgh company.

Their website says:

About the Law relating to these Terms and Conditions

We are situated in Scotland and the laws of Scotland shall govern any interpretation of these terms and conditions.  The Scottish courts shall have jurisdiction in any disputes between us in respect of these terms and conditions and the use of this website.

Wonder if they will say that it's is the fitters responsibility, or have a disclaimer about damage?

Jetandy

ArbitraryRandom said:

As above, the wheel was not new - so what argument would you be giving in your claim for a new replacement? 

It doesn't have to be new, but it should be in the condition it was at least when they had the car. A refurbishment is not, the Audi Sport logo is lost in the process and cannot be replaced, and refurbished wheels cannot be cleaned with wheel cleaner, only soap and water. So eventually it would get ingrained with dirt that won't clean. Why should I be disadvantaged through no fault of my own whatsoever?

Jetandy

born_again said:

Given the car is nearly 2 years old (less than, is the same). Wanting a new wheel is betterment & not a option under your rights.

Take the offer of a repair. Odds on going to court will not get you a new wheel.

For a car less than 3 years old it is reasonable to have any damage repaired with OEM products.  For example, you can request an OEM windscreen rather than a pattern part.
2 years is not 'old'.
And there was zero damage to the wheel beforehand. 

Jetandy

DullGreyGuy said:

Read the contract you agreed to, it should state if its England & Wales or Scotland for the legal jurisdiction. 

Jetandy said:

If I followed the Scottish process could I be asked to attend court in Scotland? Wouldn't seem fair.

Your choice to choose a Scottish company than a local one. It's why they say you acknowledge to agreeing to the terms by buying. 

I didn't choose Scottish,  it was an online purchase and they sell and fit across the UK.