Taking someone to court

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gypsy
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Taking someone to court

Post by gypsy » Fri Nov 03, 2017 2:03 pm

Hi
I'm not having much luck or fun with my restoration. I have managed to employ the services of a VW restoration specialist that has rather than turn my shell of a van into a legal road worthy vehicle, its now more of a death trap / bomb with a badly fitted sunroof. I have so far spent 7000 pounds and all of his work will have to be taken off, the shell repaired where he has made BS alterations and the mechanical upgrade started again.

I was wondering if anyone has had experience of taking a garage to court for shoddy dangerous work. The process seems simple as I will be using the small claims track. I have had an independent report done, I have sent a recorded delivery letter (initial letter of claim) with my side of the story and a request for a refund. So really all there is to do is get the guy to court.

I will not be mentioning any names on this site as I am sure that this will reflect badly on me if it came to court, innocent unless proven is the principal to stick to and jury by social media is rarely that. regardless of how I may feel about the service I have received.

So my question is has anyone done this before and what are the pitfalls to avoid.

From what I can see its very difficult to quantify actual damages owed. Yes I could ask for all my money back but there are parts that are still on the van. However due to the damage caused by his artful bodges, it will cost considerably more to get the bus repaired then back to where it should have been.

Am I in my rights to claim taking the van to another garage and getting them to do it. I have a quote of 8 grand just in labour to do this, yet I am in 7 grand (with parts) from the original garage. Can I just sue and let the judge decide what is fair ? Its very difficult to find case studies of restoration projects gone bad, and the eventual legal fight afterwards.
So has anyone any experience of this, and if so what was your outcome ?
Thanks in advance.
Last edited by gypsy on Sat Nov 04, 2017 11:49 am, edited 3 times in total.

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vwJim
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Re: Taking someone to court

Post by vwJim » Fri Nov 03, 2017 5:43 pm

The judge won't make any decision, it will be the opinion of the "expert witness" that you will have to pay 50/50 for the report.

Max claim is £10k. It'll take your 1-2 years to get to the point of a decision, then getting the money is the next fight that you may never see a penny, depending on how the company structure its affairs/still in business etc.
Supplying quality in house designed items plus parts from SCAT, Kennedy Clutches, CB Performance & FIRETEC. Also fitting service including modifications & mechanical upgrades.

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paul_f
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Re: Taking someone to court

Post by paul_f » Fri Nov 03, 2017 8:45 pm

Wasn't your resto done in SA? If so I wouldn't waste your time even thinking about court
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gypsy
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Re: Taking someone to court

Post by gypsy » Fri Nov 03, 2017 9:13 pm

Thanks Jim !

Paul.. Only the bodywork was done in SA, and that was just a very sloppy and unfinished job and .... service, not worth going to court over, and as you rightly say an impossible task from here in the UK to do.

The Mechanical resto (that needs to be sorted out) was done here in the UK by a "professional". That is a whole new level of bad, So I feel I have consumer rights and the law on my side. Its black and white really, and the law is quite clear about what you should expect when you employ a professional.

I've been told the small claims should be over and dusted within a few months. That's the point of it. No solicitors needed just him, me and a judge. I'm actually looking forward to it, don't get mad get even as they say. But I am sure there are a few banana skins to slip up on on the way to a successful litigation.

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