I have written two letters of complaint to a company and had no replies to either letter which I think is rude if nothing else. I bought a used car in June from a car company, it has had faults since the day I bought it and I have got no where either by phone or letter in getting faults rectified. I have been told by a few people to take my complaint to the Small Claims Court, I have quoted The Sales of goods act 1979 and Section 75 of the Consumers Credit Act in both my letters to them, we paid by credit card plus another car as trade in! The car cost £4995.00! I waffle I know but I thought the more info the better for you to answer. What I want to know is, is it a case for Small Claims Court? Is it expensive to take a company to Small Claims Court? What do I do now? Thanks in advance for your help!! Serious Answers Please!!! XX
2006-12-02 07:01:59 · 7 answers · asked by Anonymous in Business & Finance ➔ Other - Business & Finance
Isn't the internet wonderful.
Making a small claim is not that difficult if you live in the UK.
Simply visit this site and it will guide you through the process from start to finish.
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
Brendan E
2006-12-02 23:27:12 · answer #1 · answered by Brendan E 2 · 1⤊ 0⤋
i would suggest ringing Trading Standards first to see if they can help you and give you advice on what small claims court entails and the likely costs.
If not, Small Claims court isnt actually that expensive - if you lose you're only likely to have to pay costs of about £100, and if you win, obviously its free to you. Its not formal or scary either (I had to go a couple of months ago)
It sounds like you've got a good case and have done your research - no reason why you shouldnt win a small claims case under the circumstances, especially if they've not replied to you. If you start a small claims case off, you may find they're more willing to reach an agreement with you without having to go to court.
good luck - companies can be really frustrating to deal with! I hope you do decide to pursue it - they shouldnt be allowed to get away with this sort of thing
2006-12-02 07:08:51 · answer #2 · answered by monkeynuts 5 · 1⤊ 0⤋
Go straight to small claims court! If you go through the routine (it'll cost you about £75) the court will send a form to the car sales shop. They have to so something then. If you just write letters to the showroom they can just throw them in the bin with no consequence. I would bet that as soon as that court doc falls on their mat they will do something to remedy the problem, If you win you claim you £75 back from them too. Good luck and nail 'em!
2006-12-02 07:15:58 · answer #3 · answered by max 4 · 0⤊ 0⤋
Well, I am not sure about where you are... but I know that here in Canada it only costs $50 to take any one to small claims... I don't think that it would be much different in other countries.... but you should most definately keep all documentation and note all the times you have called and who you have spoken to... and never under any circumstances start a letter with WITHOUT PREJUDICE... and don't bring any letters from them as evidence if they say that.... thats what WITHOUT PREJUDICE means....it can't be used as evidence.... I hope that helps you... but remember that in your defence in the case, you are going to have to prove that you were the "reasonable person" and that you have excercised every option to try to have this situation rectified... but seriously.. it would be in your best interest to look into taking civil action against that company
2006-12-02 07:09:02 · answer #4 · answered by LuciLill 2 · 0⤊ 0⤋
The Citizens Advice Bureau.
Try the local county court . You can ask them for a summons, A form you complete regarding your complaint and against who.
As long as you are satified that you have a case then you can do it all yoursslef.
On the summons you have to state your reason for bringing the case, if all the facts are un your favour, the process is almost automatic, As they tend to pay once they receive the summons from the court.
2006-12-02 09:49:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Hi - My wife took a claim to the small claims court about three years ago. As far as we can remember you get a form to fill in laying out your claim. Pay a fee - was £80 - Your case is booked for a hearing date and you can represent yourself or get a solicitor to do it for you. It is all very basic and the clerk of the court is always happy to give guidance. Good luck.
2006-12-02 07:11:23 · answer #6 · answered by Spiny Norman 7 · 0⤊ 0⤋
Unless it was a buy as is trade ( you buy it, you fix it), it sounds as though you definitely have a law case. I don't know if you have a case for Small Claims Court. Set a consultation appointment with a lawyer who practices general law (no specialization) in your state. They can help you.
2006-12-02 07:08:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋