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Hi all,
After some help as this is my first small claims.
basically, I gave my vehicle in to a garage for some warranty work and it came back damaged in more places than one. luckily i took some pictures of the interior the night before (they are disputing this is my vehicle) and filled in a check sheet when I dropped the vehicle (I have a copy of this signed by their employee). I tried to settle myself, but they did not admit liability so I went through mediation and they offered 15% of the total cost to repair my car and then this dragged on for months without progressing. I filed a small claims and they are (defending the whole claim). I have a lot of documents and also expert evidence, photos etc. My questions are:
1. When I filed through MCOL, was I to serve a copy myself to the defendant? (I didn't)
2. When they defended the claim, were they to serve a copy to me? (they didn't)
3. Are both parties to serve the allocation questionnaire on each other? (I did, they didn't)
- if they were and didn't to the above, what action can/should I take?
4. Am I able to request the documents sent between the mediator and defendant using SAR? The mediator sent a lot of documents and answers from me to them, but I did not receive anything in regards to my questions back from the mediator (whether they answered or not - I don't know).
Thanks in advance for any help and guidance.
Thanks
Tasha.
After some help as this is my first small claims.
basically, I gave my vehicle in to a garage for some warranty work and it came back damaged in more places than one. luckily i took some pictures of the interior the night before (they are disputing this is my vehicle) and filled in a check sheet when I dropped the vehicle (I have a copy of this signed by their employee). I tried to settle myself, but they did not admit liability so I went through mediation and they offered 15% of the total cost to repair my car and then this dragged on for months without progressing. I filed a small claims and they are (defending the whole claim). I have a lot of documents and also expert evidence, photos etc. My questions are:
1. When I filed through MCOL, was I to serve a copy myself to the defendant? (I didn't)
2. When they defended the claim, were they to serve a copy to me? (they didn't)
3. Are both parties to serve the allocation questionnaire on each other? (I did, they didn't)
- if they were and didn't to the above, what action can/should I take?
4. Am I able to request the documents sent between the mediator and defendant using SAR? The mediator sent a lot of documents and answers from me to them, but I did not receive anything in regards to my questions back from the mediator (whether they answered or not - I don't know).
Thanks in advance for any help and guidance.
Thanks
Tasha.
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