Car issues- Case going to court!

[Jadevize92]

I bought a Ford Focus on the 16/01/2016. The engine management light came on when I was driving it home. Once home, I gave the car a once over.. Bonnet wouldn't open and child locks wouldn't work. I took the car back to the garage to be repaired on the 19/01, they also did the MOT while it was there. On the 25/01 I then contacted the garage because the back door handle had come off, I was told I would get a call back and didn't. After 9 days, I then called them on the 03/02 and requested a full refund, again they said they would call back and didn't. I then called on the 04/02, they told me they would not refund me as the issue was a 'minor' one. I then put everything in writing and again requested the full refund. I had a reply from their lawyer stating I would have to pay half towards the ADR scheme.. I asked which one they were using and they said they didn't have one innplace. I then tried to go through the ADR scheme myself, they refused to comply with it. The car immobiliser light started flashing, the power steering belt was torn and both back door handles had come off. The car then stopped working completely on the 12/05, so still within my 6 months legal warantee. I then had a mechanic write a report on the car, I then emailed it to the garage and once again asked for a refund. They refused again and said they would only repair it. I have now been through MCOL, the garage filed defence.. Today was the mediation call and the garage didn't answer the phone. So now we are going to a court hearing! My question is.. Do I need legal help in court? I have ALL letters/emails/refusal of ADR scheme emails from the company/ mechanic report etc. I know I am well within my rights to get my money back, just not sure if I need the support in court? Any advice welcome! Thank you!

[des8]

Re: Car issues- Case going to court!

Hi and welcome

Presumably this has been allocated to the small claims track, in which case you don't need legal representation.
In fact a solicitor could cost you more than you win, if the amount claimed isn't particularly large, as you are unlikely to recover their cost.
Would you like to post up your POC and the defence so peeps here can comment for you?

[Jadevize92]

Re: Car issues- Case going to court!

Hi Des, thank you!

That makes sense, i'm not claiming for anymore than £3000.

What is POC? Sorry, new to all this! I will attach a picture of the defence, how do I do it?

Thank you!

[des8]

Re: Car issues- Case going to court!

POC=particulars of claim. The statement of your claim.

If you send them to [MENTION=49370]Kati[/MENTION] in a PM and give a link to this thread (and ask ever so sweetly) she'll see to it for you!

[Kati]

Re: Car issues- Case going to court!

POC=particulars of claim. The statement of your claim.

If you send them to @Kati in a PM and give a link to this thread (and ask ever so sweetly) she'll see to it for you!

email Des ... kati@legalbeagles.info ... with a link to the thread or the username xx

[des8]

Re: Car issues- Case going to court!

Thanks Kati.... sorry for being confused but I'm new to all this tinternet stuff lol
I'll try and remember for next time!

[Jadevize92]

Re: Car issues- Case going to court!

Thank you Des! I have just emailed you now Kati, thank you!

[Kati]

Re: Car issues- Case going to court!

....

[des8]

Re: Car issues- Case going to court!

Hmm you haven't actually claimed the cost of the vehicle nor have you referred to the relevant statutes and how they apply in your case.
IMO you need to apply to the court for permission to amend your statement of case, but lets see what others have to say.
Tagging [MENTION=71570]R0b[/MENTION] & [MENTION=6]Amethyst[/MENTION]

[R0b]

Re: Car issues- Case going to court!

It looks like the particulars have not been input onto MCOL and sent on a separate piece of paper, is this correct?

It doesn't look like they fit onto the claim form and if this is the case I can understand why the Defendant has put their reasons as to non-compliance and they are stylised. Whilst the POC don't seem to be correct, I wouldn't agree with them in that the POC fails to disclose any reasonable cause of action as I think they sufficiently identify the cause of action without making reference to any legislation. Yes there is no amount being claimed (except in the interest section) but this has been clarified by the defence as to the amount in question.

Ordinarily the courts would offer a chance to amend the particulars before striking out but that may not always be the case and I would expect that to happen here but t be safe the alternative is to amend the POC and pay the relevant fee of £255.

[CLL1]

Re: Car issues- Case going to court!

And, of course, to meet the costs of the Defendant in drafting and serving an amended Defence.

That Defence is drafted by a lawyer, I believe, so tread with caution as to costs.