Roadstar Autocentre - i've raised a Court Claim re: terrible service after wrongly fitting a turbo

[gavino76]

Ok. Have a good weekend 

[gavino76]

hello there. a reminder of my upcoming court case vs roadstar auto centre. 

 

it is ordered that there will be a dispute resolution hearing which will take place by telephone on 7th october 2021 at 10am

[BankFodder]

That's a crazy amount of time. I'm quite shocked – but I suppose there is nothing to do.

I would suggest that you start preparing all your documents now while the events are reasonably clear in your mind. Have a look at our advice on preparing your court bundle. You can try once again to get a statement from the garage who did the repair in the end.

Understand what information you have and what information might be useful to get.

I know it's a long time – but you're better off getting everything ready now so that you have got it stored away and you're confident. Then in about September you can start looking through the bundle again and doublechecking.

Also, you need to give yourself a very clear reminder – maybe on a telephone or on Google calendar or both so that you don't forget the deadline for submitting your bundle.

The hearing date is so far away that it might easily slip your mind.

Don't rely simply on one reminder – but to several reminders over a period of a couple of weeks – both by notification and also by email so that there is no chance that you will miss it.

You will need to come back here and give us a reminder as well – the first week in September

[gavino76]

ok, thank you for that.

[BankFodder]

Open

[gavino76]

hello there

 

just want to remind you of this case i had vs roadster, the blown turbo and poor customer service 

 

I had covid during this period so was unable to attend.

 

the other side also did not attend.

 

i have received a letter today from the court, the parties are to attend an adjourned dispute resolution hearing 6th may 2022

 

i received the letter today the 20th, and was told that i have to file at court and serve on each other copies of the documents i intend to rely on (by today the 21st!!) but not limited to:

 

claimant: 

 

invoice from defendant

 

invoice from company carrying out remedial work

 

copies of any emails/texts/letters sent to or received from the defendant branch or head office

 

i have printed out x3 copies of the remedial garage invoice

i have also printed out copies of all emails we have exchanged.

 

there are gaps, as we had a number of telephone conversations, and as it has been a while i am kind of forgetting the sequence of  events?

 

i think it looks good for me that roadstar did not attend, do you have any advice on how to proceed?

 

all i can do is print off what little paperwork i have.

 

thanks for your time

 

gavin 

[BankFodder]

Follow the instructions of the court. Also write them and to the other side that you did not attend because you were ill with Covid. The court will be completely understanding of this.

You have had a series of phone calls I understand. You've been here since 2018. We have advice plastered all over this forum about recording your calls and how important it is and also our customer services guide.
Have you read our customer services guide?
Why haven't you been recording your calls because if you had you wouldn't have these gaps in your recollection.

We don't post up this kind of advice for a joke

[FTMDave]

Open.

[gavino76]

thank you.

 

Ok so this is the regarding the case of the garage that incorrectly fitted a new turbo to my van, that i had repaired independently.

 

After receiving advice here, i applied for the the cost of the installation of the turbo and also my court cost, as well as the repair.

 

I missed one of the hearings due to covid (the garage was not present either) and the case was moved onto a dispute resolution hearing - that the garage did not attend again.

 

so, i won by default and the garage was ordered to pay by dec 22nd. which of course they haven't, and it appears they've completely ignored the whole process and im feeling pretty helpless. After some reading, of what to do next, am i right in saying that there isn't a great deal i can do about it?? it appears i can only instruct bailiffs for sums of £600 or over. Any help would be much appreciated.

[BankFodder]

First of all, well done on winning. Even if it is only by default, you been persistent and it is a satisfying thing to happen.

I'm afraid that there is a minimum limit for instructing the Sheriff's but you can instruct the county court bailiffs and you should do so immediately.

They aren't nearly as effective as the High Court sheriffs but they should get the job done or at least report back to you.

I certainly hadn't heard that there was a limit for county  court bailiffs. Where did you see that? I think you may have been confusing it with the limit for High Court enforcement officers – the sheriffs

[gavino76]

thanks for quick reply. i have been reading various sources and may have gotten mixed up. Have been working late and quite tired. ill check again in the morning, thanks again.

[gavino76]

If the amount you are owed is £600 or less, you cannot ask the Enforcement Officer to try and get back your money.

But if the amount you are owed is between £600 and £5,000 (unless you are enforcing an agreement regulated by the Consumer Credit Act) you have the choice of issuing a warrant in the County Court or in the High Court. However, court staff cannot tell you which of the two options is more likely to get your money. You must make the decision. You may be able to get free advice from a law centre.

 

this is gov.uk.

 

my amount is £575

[dx100uk]

then request the judge send county court bailiffs.? as you are below the £600 threshold for HCEO's

[gavino76]

just thought id update this. i just happen to know a HCEO. he asked me to call his enforcement firm, and the girls there told me that they are going to ask the court if they can take action on the £575, what with it being so near. fingers crossed

[gavino76]

the girls at the enforcement firm have asked the court if it could be taken further, but they said no, it has to be £600 or above.

[FTMDave]

So do as dx suggested three posts above.

[Andyorch]

Did your claim not include interest pursuant to sec69 ?

[gavino76]

im loathe to do so as ive heard county court bailiffs are pretty useless, may or not be true i don't know. i just don't want to fail again as they're all probably laughing at me now.

 

the claim did not include interest, i didn't know about that. the enforcement firm i spoke to suggested restarting the claim with added expenses, but again, i don't want fail..