Interpretation of warranty term

[roythegrass]

I'm in dispute with a car manufacturer over the interpretation of a term in their warranty exclusions. We are at an impasse.
I can go through The Motor Ombudsman dispute scheme or issue a small court claim. If the latter would the court expect me first to apply to the Ombudsman scheme and dismiss my claim?
Thanks

[Pezza54]

Hi
The judge will expect both parties to attempt to resolve the dispute using ADR, which includes an ombudsman's services
Your LBA should offer the other party ADR and the manufacturer may choose the motor ombudsman.
The judge may order the court case to be stayed whilst an attempt is made to resolve the dispute by ADR

[roythegrass]

No worries, here's a concise reply:

In your dispute with the car manufacturer, both The Motor Ombudsman and a small court claim are options. Courts generally encourage using alternative dispute resolution (ADR) like the Ombudsman scheme before going to court.

Here's a breakdown:

• The Motor Ombudsman: Faster, potentially cheaper, less formal. Not binding, but most manufacturers follow their decisions.
• Small Court Claim: More formal, potentially higher award, binding decision. Can be slower and more expensive.

Recommendation:

Try The Motor Ombudsman first. If you're unhappy with the outcome, you can still pursue a small court claim. However, the court might ask why you didn't use the Ombudsman first.

Tip: Check your car manufacturer's warranty for any specific dispute resolution requirements.

Thanks
If I was not successful with ADR and pursued a court claim would the court be aware of the ADR decision?

[atticus]

The other party would be daft not to put that in evidence before the Court!

NB, do not rely on ChatGPT bots like PBaghela.

[roythegrass]

Thanks
If I was not successful with ADR and pursued a court claim would the court be aware of the ADR decision?

Thanks Atti. In that case the court would simply uphold the ADR decision so there would be little point in issuing a small claim unless the ADR made a wrong interpretation of the law.

[roythegrass]

I will rely on section 69 of the Consumer Rights Act and the Contra Proferentem rule in contract law.

[atticus]

If there is an ambiguity, do that, including in your complaint to the Ombudsman.