Car mechanic problems!

[needadvice1]

dont get why that dx100 guy said I can claim it then.

-nope never said that..said you cant unless fast track +£10k - dx

 

so I need to remove that from my claim.

 

and if I want to claim for lost time

 

-I have to prove that I lost money somehow?

[Andyorch]

dont get why that dx100 guy said I can claim it then. so basically I need to remove that from my claim.and if I want to claim for lost time-I have to prove that I lost money somehow?

 

Correct....

[needadvice1]

ok thanks for clarifying!also, in the MCOL form, as you say, I have to condense my claim.what is the best way to condense my document i.e. which points should I highlight.

[Andyorch]

Take a look at other similar threads......

[needadvice1]

hi, I am planning to file a claim in small claims court via MCOL. I just wanted to confirm something, based on my research thus far, if I lose, the defendant cannot claim any legal costs from me. if I win, I can claim the cost of the MCOL.is this correct?

[reallymadwoman]

Other than court costs and witness expenses (travel, loss of earnings etc) costs are generally only awarded if one party has been totally unreasonable, though what is unreasonable is determined by the judge.

[honeybee13]

Hi. I've merged your threads to keep the information together for the advisers.

 

HB

[needadvice1]

new question regarding interest. can I claim the 8% on bills I had to pay for the repair work to fix the shoddy work done by the defendant? I was thinking I would have to work out different interest amounts for the different repair bills as they are off various dates.

[Andyorch]

You request section 69 interest (8%) on the total claimed amount

[needadvice1]

You request section 69 interest (8%) on the total claimed amount

 

 

Even thought the expenses were at different times? If I am to claim interest in the total amount, from which date do I calculate from?

[Andyorch]

From the date of your losses

[needadvice1]

Exactly what I said, the losses were at different dates because I paid for different repair works at different dates. Therefore I should base the interest on the dates I paid for the various works?

[Andyorch]

No you can only claim 8% on the total claimed amount...from when the losses were in incurred....that's how MCOL CCBC is set up when you input your claim.

[needadvice1]

But the losses were incurred at different points in time. So how do I know which date to apply?

 

Or are you saying that I should apply the date on which I paid the merchant?

[Andyorch]

Just go from the first date that you first incurred a loss.

[needadvice1]

regarding my particulars. do I need to enter further particulars. currently I have a document of 40 pages that explains pretty much everything. do I attached this as "additional particulars"? or is this something I go to court and present and use as my own hymn sheet, if you like?

[Andyorch]

My advice is to keep it as vague as possible...succinct and to the point (you are restricted anyway if using MCOL)...should you wish to serve extra detailed particulars...then there is a process that must be followed.

 

Remember the more detail you provide within your initial particulars...the more you give the defendant to use in its defence.

[needadvice1]

Ok. So sounds like the best way to go about it is do the short compulsory POC as the MCOL requests and then just explain everything in court?

[Andyorch]

More or less...but there is a process and system to follow....vague Particulars......see how the defendant responds...if they defend...then you proceed.

 

You then submit a fully particularised witness statement in support of your claim (this is the evidence you will rely on)...they will have to respond...so its a step by step process up until the claim is actually allocated and given a trial date...the secret is to not reveal all your hand in the initial statement of claim.

[needadvice1]

Understood thanks. May have already revealed my hand though in the whole s75 process. Although not sure I mind much as hoping it scared the defendant off.

[needadvice1]

this is the summary of my claim to go with my MCOL

, what do we think?

 

 

On the 1st of May 2015,

the Claimant paid £xxxx to the Defendant, xxxxxxxx Ltd (a car mechanic), for a service that was not fully provided.

 

 

The Claimant paid to have his BMW car which had been modified from factory standard, bought back to factory standard.

This meant the modifications were to be replaced with factory standard items resulting in a fully working factory standard car being returned to the Claimant.

The Claimant's main contact was xxxx xxxx (MD) of xxxxxx Ltd.

 

 

In short, the car was returned to the Claimant was not in proper working condition and not repaired to the standard promised.

xxxx, admitted himself he was out of his depth and advised that the Claimant take the car to a tuning specialist to complete the repair.

 

 

the stuff about my claim and interest claimed then follows.

what do we think?

[Andyorch]

this is the summary of my claim to go with my MCOL, what do we think?

 

On the 1st of May 2015, the Claimant paid £xxxx to the Defendant, The Claimant's main contact was xxxx xxxx (MD) of xxxxxx Ltdxxxxxxxx Ltd (a car mechanic), for a service that was not fully provided. The Claimant paid to have his BMW car Registration xxxxxxxx which had been modified from factory standard, bought back to factory standard. This meant the modifications were to be replaced with factory standard items resulting in a fully working factory standard car being returned to the Claimant.. In short, the car was returned to the Claimant was not in proper working condition and not repaired to the standard promised. xxxx, stated he was out of his depth and advised me to take the car to a tuning specialist to complete the repair.

 

the stuff about my claim and interest claimed then follows.what do we think?

 

Just a couple of tweaks

[needadvice1]

Thanks. Will submit tomorrow!

 

had a thought, do I not need to say what I am claiming for? i.e. The claimant is claiming for the cost of repairing the incorrectly work done by the merchant.

 

how about this.

 

..On the xxxxx 2015

the Claimant paid£xxxxx to the Defendant,

 

The Claimant'smain contact was xxxxx (MD) of xxxxx xxxx Ltd (a car mechanic),for a service that was not fully provided.

 

The Claimant paid to have his BMW car(Registration xxx) which had beenmodified from factory standard,

restored tofactory standard and returned fully working in the agreed condition.

 

In short, the car returned to the Claimant was not in proper working condition and not repaired to the standard promised.

 

The Claimant is claiming for the costs of repair work that had to be carried out due to the incorrect works carried out by the Defendant,

as well as related expenses that were unavoidably incurred.

 

what do you think?by the way,

when entering the info into the MCOL system,

it comes up in a weird format,

 

it doesn't let me fill each line in fully

-they are all "half" lines.

[Andyorch]

had a thought, do I not need to say what I am claiming for? i.e. The claimant is claiming for the cost of repairing the incorrectly work done by the merchant.

 

You already have in the above......

 

On the 1st of May 2015, the Claimant paid £xxxx to the Defendant, The Claimant's main contact was xxxx xxxx (MD) of xxxxxx Ltdxxxxxxxx Ltd (a car mechanic), for a service that was not fully provided.

[needadvice1]

Hmmm but it doesn't say what I'm claiming for. Or are you saying that it's implied so it's ok?