Taking a car dealer to fast track court under consumer law

hotchocolate1982

Okell said:

hotchocolate1982 said:

Ok is there an alternative to fast track? 

I'm not an expert on the claims process, but my understanding is that you have no choice in the matter, rather that the court decides whether or not to allocate a particular claim to fast track depending on the value of the claim and the apparent complexity of the case.

Is your claim in excess of £10k?

Has the court already told you that it has been allocated to fast track? (You mention fast track in the thread title and presumably you had a reason for doing so?)

Small claims track, fast track and multi-track EX305 and EX306 - GOV.UK

Small claims court: Making a claim & fees involved – MoneySavingExpert

The car was £16850 do from google it says fast track. I filled in the claim but I’m waiting the outcome of assistance with fees before submitting. 

hotchocolate1982

Thank you all. I used my savings and paid for the full amount via bank transfer. So I can’t do a charge back. 

I will read the links above. Thank you 

GDB2222

hotchocolate1982 said:

Okell said:

hotchocolate1982 said:

Ok is there an alternative to fast track? 

I'm not an expert on the claims process, but my understanding is that you have no choice in the matter, rather that the court decides whether or not to allocate a particular claim to fast track depending on the value of the claim and the apparent complexity of the case.

Is your claim in excess of £10k?

Has the court already told you that it has been allocated to fast track? (You mention fast track in the thread title and presumably you had a reason for doing so?)

Small claims track, fast track and multi-track EX305 and EX306 - GOV.UK

Small claims court: Making a claim & fees involved – MoneySavingExpert

The car was £16850 do from google it says fast track. I filled in the claim but I’m waiting the outcome of assistance with fees before submitting. 

I’m not sure you should proceed like this. An alternative option is far less risky. At least, I suggest that you consider the following.

Take the car to a reputable dealer for that make of car. Get them to assess the work required to make the car reliable and safe. Get them to repair the car- you’ll obviously need to pay them. Then sue the company that sold you the car for the repair costs.

This has lots of advantages. The repair cost will be well within the small claims limit, and you will be suing for a clearly defined amount, ie the repair cost. You will have a working car, and you can get on with your life.  

I assume that you are not using the car you bought? You cannot reject the vehicle but carry on using it. So, if you go for your big claim, you need to buy another car, and store the disputed one. Bear in mind that it may be 6-12 months before your claim is heard in court. 

There is another advantage to having a smaller claim:- You might win your big court claim, but the company you’re suing might go bankrupt in the meantime. It’s dead easy for unscrupulous directors to close down a company and start up another one, doing the same business, from the same premises. Unfair as it seems, the new company is not liable for the old company's debts. So, you might win the case but get no money. 

Undervalued

^^^^^^^^^^

This is excellent advice from GDB2222.

hotchocolate1982

Hi everyone, the company did a u turn and accepted my rejection. I’m just awaiting collection. Thank you all for the advice.