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

24

Comments

  • Jetandy
    Jetandy Posts: 14 Newbie
    First Post
    Alderbank 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?
    The fitters were local, ATS, but my contract is with Blackcircles.
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,495 Forumite
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    edited 19 January at 11:09PM
    If you think you have a case (obviously you think you do) then you need to build your evidence - find any authority, such as insurance guidelines or similar, that says you are entitled to a new wheel in these circumstances. Present that to the company and see what they say. 

    If they still refuse, then your choices are to allow them to refurbish the wheel and complain if it's not to your satisfaction, or jump directly to either mediation or legal threats (seeking the cost of a replacement installed privately)...

    But before threatening court action, ensure you are comfortable your case is evidenced (ref the above authorities supporting your position) and that you are prepared to actually go to court - nothing worse than an empty threat. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Jetandy
    Jetandy Posts: 14 Newbie
    First Post
    user1977 said:
    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.
    The company chooses to do business in England,  and the situation occurred in England. 
  • Jetandy
    Jetandy Posts: 14 Newbie
    First Post
    An additional and I think relevant point is that the tyre on the wheel in question was pumped up to 63psi, instead of 33 which i was told it should be, and what the two tyres on the other side were at. The other tyre on the same side was at over 40psi. This suggests to me that the person doing it was either inadequately trained and/or incompetent and/or not supervised. So the work was not carried out to a satisfactory standard. 
  • BoGoF
    BoGoF Posts: 7,099 Forumite
    Name Dropper First Anniversary First Post
    Jetandy said:
    user1977 said:
    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.
    The company chooses to do business in England,  and the situation occurred in England. 
    Or flip it on it's head, you chose to so business with a Scottish based company. Ignorance of the fact they were based there is no excuse it was readily available as has been shown.
  • SiliconChip
    SiliconChip Posts: 1,372 Forumite
    First Anniversary First Post Name Dropper
    It's not an answer to your question, but on the Motoring board it's normally recommended that you take the Black Circles price to the fitter that you intend to use and ask them to match the price, which in my exprience they usually do. That way supply and fit is all through one company and there's then no question about who to take action against.
  • RefluentBeans
    RefluentBeans Posts: 907 Forumite
    First Post Name Dropper
    Jetandy 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. 

    Citation for this please? What law are you referring to?

    Jetandy 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.
    Yes you did. I’m afraid you choose the company to buy from, and accept the jurisdiction they are based in. When purchasing you should do due diligence - but a lot of people fail to check the terms and conditions even though they agree to them either explicitly (by checking a box) or implicitly (by purchasing from them). 
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,495 Forumite
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    Jetandy said:
    user1977 said:
    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.
    The company chooses to do business in England,  and the situation occurred in England. 
    The terms you agreed when placing the order set the jurisdiction.

    Even in cases where there's not a contract, you are the one bringing the action - so if there needs to be a hearing it will generally be the court nearest to the person you are suing.

    And in case you're not aware, again IF there needs to be a hearing, you can ask the court to award your (reasonable) travel costs/lost wages to attend the hearing if you win (they can do the same if you lose). 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Jetandy
    Jetandy Posts: 14 Newbie
    First Post
    It's not an answer to your question, but on the Motoring board it's normally recommended that you take the Black Circles price to the fitter that you intend to use and ask them to match the price, which in my exprience they usually do. That way supply and fit is all through one company and there's then no question about who to take action against.
    I've done this in the past, and ATS, for one, could not match. It was them that told me that they are both owned by Michelin,  so uts win win for Michelin anyway.
  • Okell
    Okell Posts: 787 Forumite
    First Post Name Dropper
    Jetandy said:
    Alderbank 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?
    The fitters were local, ATS, but my contract is with Blackcircles.
    Why can't you sue the local fitters for negligence?  why are you resticted to suing under contrcat?

    If they didn't exercise reasonable care and skill when changing the wheel I'd have thought they were liable for the damage caused  -  but I'm not a lawyer...

    (Not everyhting always comes down to issues of contract law.  Sometimes it's tortious liability that needs to be )
    looked at)

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