Small Claims Court

[Scoi]

Has anyone got any experience with taking someone through the small claims court. I have a disputed bill and not sure whether it's worth going for. Do they tend to favour individuals or businesses? Is it a major ball ache going through it all?

I dropped my car into a garage and they said a reconditioned engine was the best solution, 1 week and £1k. The wrong model replacement was ordered/delivered so they had to piece bits together from both. They then sold the job onto garage 2 as they tried and failed to repair it, they got it running but not smoothly. Garage 2 then sent it to BMW garage to do the final tuning as it wasn't right. 6 weeks and 3 days later i get the car back with a £2.5k bill. Have never been told the bill would be increasing at all.

Unfortunately no written evidence is available apart from a bunch of hire car and taxi receipts and the bill from the engine supplier which the garage has. I'd be claiming £2k in total, £1.5k for the increased bill which i didn't agree to and £500 for consequential damages, 5 weeks of hiring cars and using taxi's i wouldn't have had to do if they didn't screw it up.

[MyUserName]

A friend has done this and it is apparently very straightforward. The only issue is that if you ask for more than the judge thinks you deserve you will get nothing so make sure you do not ask for anything that you cannot prove is deserved.

[Epiphone]

You need to go through every other available option before court or you'll lose. They don't like to see the courts being used as a stick to beat someone with.

A special delivery letter to the original car firm, CC'd the the home address of the director is the first port of call. Try to keep it to one page of A4 with nothing but the facts. He said/I said means nothing if it can't be proved.

If you didn't agree - in writing - that the garage could sub out to someone else then don't pay. Their business arrangements aren't your concern and you have no relationship with garage 2.

Once you've decided to sue moneyclaimonline will walk you through the process. It's pretty straightforward but make sure your case is as water tight as it can be. As I say, no proof or he said/she said will be dismissed instantly.

Post back with specifics or questions if you get stuck. Been there, done that so should be able to help.

Edit: forget consequential damages. You won't get them. You can only claim for actual losses.

[Segush]

I used it few years back and before the 30 day response period the money I was owned was paid to me. It was very straightforward but in my case I did not have to go to court as I was paid when they received the letter.

S

[Ticktock]

I'd be claiming £2k in total, £1.5k for the increased bill which i didn't agree to and £500 for consequential damages, 5 weeks of hiring cars and using taxi's i wouldn't have had to do if they didn't screw it up.

Why are you suing them for the increased bill? Just refuse to pay the bill, explaining why, and offer to pay the £500 difference between the invoice and the costs you suffered. It's then up to them to sue you for the difference between quote and invoiced prices, which probably wouldn't happen once they realise you didn't authorise the costs.

[Higgs Boson]

Has anyone got any experience with taking someone through the small claims court. I have a disputed bill and not sure whether it's worth going for. Do they tend to favour individuals or businesses? Is it a major ball ache going through it all?

I dropped my car into a garage and they said a reconditioned engine was the best solution, 1 week and £1k. The wrong model replacement was ordered/delivered so they had to piece bits together from both. They then sold the job onto garage 2 as they tried and failed to repair it, they got it running but not smoothly. Garage 2 then sent it to BMW garage to do the final tuning as it wasn't right. 6 weeks and 3 days later i get the car back with a £2.5k bill. Have never been told the bill would be increasing at all.

Unfortunately no written evidence is available apart from a bunch of hire car and taxi receipts and the bill from the engine supplier which the garage has. I'd be claiming £2k in total, £1.5k for the increased bill which i didn't agree to and £500 for consequential damages, 5 weeks of hiring cars and using taxi's i wouldn't have had to do if they didn't screw it up.

I have been part way through doing this. I completed the online form to take a couple to court. They owed me something from an equipment purchase and tried to make out it wasn't part of the original deal.

What I found was, once they had entered a defense, I then was asked to pay a further fee in order to send in an answer to their defense. It turned out that each time the plaintiff sends a reply to the court, they have to pay an extra fee. I only tell you this as a warning as I was forced to halt the claim. It would have been too expensive to carry on once you started to add in the extra fees

[Scoi]

My plan is to write the letter which is basically:
You said 1k, £650 parts, 1 day to install.
Other garages quote at a similar price so this is a reasonable cost
The events causing the increase in cost we're bourne from poor parts and/or company XXX ability to undertake the repair therefore I am not liable to pay this.

You said 1 week
Other garages state 1 week is a reasonable duration for this repair.
The increased 40 days taken to return the car in working order caused consequential damages in the form of hire car and taxi's totalling £500

I agree to pay the sum of £500 for the work undertaken.

If it breaks because of poor parts or workmanship you will be liable for the costs to rectify

Ticktock - Trouble is they have my car and won't return it until the bill is settled. According to trading standards the best bet is to pay in protest if they won't sort it out now and then get the letter out followed by SCC.

[Scoi]

I have been part way through doing this. I completed the online form to take a couple to court. They owed me something from an equipment purchase and tried to make out it wasn't part of the original deal.

What I found was, once they had entered a defense, I then was asked to pay a further fee in order to send in an answer to their defense. It turned out that each time the plaintiff sends a reply to the court, they have to pay an extra fee. I only tell you this as a warning as I was forced to halt the claim. It would have been too expensive to carry on once you started to add in the extra fees

But if successful they pay all the fees. I suppose it depends on my chances of winning. I'm hoping that a explanation or letter will be enough to get them to see sense. It would cost them an extra £500 in court fees if they contest and lose.

[NorthWestPerm2Contr]

I put a claim in against my ex-landlord and he paid up within a week of receiving it. Didn't have to progress the claim further. Sometimes its worth paying the court fee to show them you are serious - if they don't pay up then you can always take them to court.

[Jessica@WhiteFieldTax]

There tends to be a element of rough justice is small claims court: if you get before the judge they will generally decide right and wrong and the law around it.

But it's a easy ish process and not to be scared off. If you have a strong position then you have a greater than evens chance.