Need help - Small Claims Court or no?

lasi_sva28

Hi all, 


I wanted to come on here for help/advice. 

I had an issue with my manual transmission car where the gear stick got stuck, making it impossible to shift gears. I took it to a mechanic who claimed to be knowledgeable about such issues. He diagnosed the problem as a faulty clutch and replaced it for £650. However, the problem recurred the following week. He then insisted that it was the master cylinder and charged me an additional £200. On top of an additional labor charge of £90, he changed the battery, which I did not ask him to do, and was charged an extra £40 for it. Despite my repeated requests, he has not given me the receipts for the work carried out.

Feeling frustrated and having spent a considerable amount of money, I sought a second opinion from Halfords in Catford. They informed me that when replacing the clutch, the master cylinder must also be replaced simultaneously. This made me realize that I had been misled and overcharged.

 After this, the staff at Halfords suggested that bleeding the air pressure might resolve the issue.

So, I found another mechanic named Hass, who came to my place, checked the car, and showed me the parts that were meant to be changed. He had the feeling that the initial mechanic who seemed very knowledgeable about the issue, did not do any work.

Later, Hass informed me that the initial mechanic did not change the parts that he claimed to have changed, and the car parts in my car were original Toyota parts, which should not have been the case if they had been replaced.

When car parts are replaced, they usually have scratches and a different branding and should look new, but these parts were old and did not look new. Hass told me that this was theft and not just a civil matter. He gave me the car parts and told me to go to the initial mechanic's house and confront him.

I later found out that the mechanic took the car all the way to Eastham, where he has a garage, but he refused to give me the name and address of the garage. When I mentioned to him that I might involve the police, he threatened me and said that it would create a very big problem between us.

Whilst I was talking to him, another dude comes down with a car parts, and goes off with him, 'where's the receipts, you still haven't given me the receipts'. I now know, I am not just being played, theres many more!

Later, he agreed to pay me £900 in three instalments of £300 over three weeks, which I documented and made him sign.

However, Hass informed me that the mechanic has a history of not paying his debts, and he may not pay me back. I have sent him three text messages, but he has not replied.

The next day, I printed the document of our agreement and went to his house to give it to his wife.

I went there on the date we agreed, where the first instalment payment needs to be paid, at first this said he has the money come down at 8pm, I waited there for three hours, and by 11pm, he goes I don't have the money, and said he will give it tomorrow.

DullGreyGuy

What did the document he signed actually say on it?
Has "Hass" given you a written report you could use to support a claim?

You could write a letter before action and then submit a county court claim via MCOL but if the guy is heavily indebted you may just find that you are yet another unpaid creditor and you've now had to spend court fees too. Always worth doing some basic checks on if it's likely they can afford to pay before spending money on court cases. 

lasi_sva28

@DullGreyGuy  Thanks for your prompt response! I really appreciate it!

The document. I initially created a document on spot, is an Instalment Payment Agreement outlining the terms and conditions for the repayment of £900 worth of reflecting actions suggesting the replacement of car parts such as the clutch and hydraulic cylinders, despite no such replacements/repair having occurred. The agreement specifies that the debtor, the mechanic, will make three equal weekly payments of £300 each to the creditor, which is me, until the total amount owed is paid off. It also includes provisions for late payments and potential legal actions in case of non-compliance with the agreement terms. And, it is signed off, by both parties. 


Hass has provided me with the original car parts, and will be there as my witness. 

I'm pretty sure he is not heavily debted, he travels back and forth to Eastham. And, recently just brought a house, as he always mentions. 

DullGreyGuy

You ideally want to be getting the written report from Hass before hand and you'd share it with your letter before action to show its not you being a person trying it on but have an appropriately qualified expert confirming your allegations.