Very complicated I\'m afraid
Some of you may remember a previous post of mine some months back about electrical damage done to my polo whilst it was being repaired by a garage (they set fire to some of the wiring whilst using a battery charger).
They are defending the claim and have submitted a counter-claim for damages (for fixing my car, which they never did). If they have made no attempt to contact me about any outstanding money owed to them, does their counter-claim for the repairs stand any chance of success? It is a village garage and they are relying on \"witness\" reports from a couple of their mechanics who are saying that I authorised them to carry out the work at my expense (this is untrue). Among other things, I wrote to them a few weeks back (before I submitted my claim), asking to see copies of all documentation they hold about me under the data protection act and received no response (I sent two letters, one by recorded delivery which they rejected and I still have unopened). Can they now turn round and say \"well, actually, you owe us 500 quid\"? Will the ridiculousness of the counter-claim help my claim for the damages?
I have an expert report saying that the damage to the car\'s alternator, wiring etc. was likely caused by the incorrect use of a battery charger (i.e. the leads the wrong way round) and in their defence statement, they did state that a battery charger was used.
They have ignored all my attempts to get a response out of them apart from one very abusive (a *lot* of swearing) telephone call to tell me where to go. They have hung up on me repeatedly when I have tried to talk to them.
Also in their defence statement, they denied that they had carried out any further work on the car but I can prove that they sent the vehicle to their own autoelectricians on two further occasions. (I obtained copies of the invoices from their autoelectricians under the data protection act, listing them as the customer.)
anyone know what my chances are?
Any help gratefully appreciated,
~James
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I think your chances are very good indeed. I don't think witness reports from their mechanics will carry much weight. If they have refused to accept letters etc. they I think they'll have weakened their case further.
Make sure you let us know the outcome.
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If you know the witnesses you might want to have a quiet word about perjury. No doubt they have been pressured into sigining up by the boss but the prospect (however remote) of a couple of years in the slammer might make them start pressuring the boss to settle.
I have gone through the small claims court procedure twice. In each case the companies concerned have huffed and puffed and were going to sue me for millions and drag the case to the House of Lords or send the boys round to sort me but all that happened in the end if they delayed the hearing as long as they could and then settled in full the day before the hearing.
With me the bully boy tactics just made me more determined to get them, but you can see how a little old lady would just let it go.
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Hi...
Didn't realise this was still going on! I still think they'll settle before it gets to court, but good luck!
I've actually met this car... makes me sad to hear of another Polo in distress!
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As some of you will probably remember, I am in the process of making a small claim against a garage which damaged my car\'s electrics (see www.honestjohn.co.uk/forum/post/index.htm?t=16629 for details). I am trying to do everything properly but the thing is, they are being downright obstructive. The first few letters I sent them (by recorded delivery), they rejected and they were returned to the sender (me). Anyway, very recently, I moved house and wrote to the court and the defendant informing them of my change of address. About three weeks later, I received the letter I wrote to the garage back through my letterbox. This time, it was unaccepted due to nobody being bothered to go and pick it up from the post office after they could not get anyone to sign for it. The problem is, they have to send me copies of all of their evidence before the trial and they will find it very difficult if they don\'t know where I live anymore.... What else can/should I do? do I have to take reasonable steps to let them know my change of address and if so, does sending a letter by recorded delivery (which I have unopened) constitute \"reasonable steps\"?
Any comments or thoughts would be gratefully received!!
many thanks,
~J
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Yes you have taken every reasonable step. If they are refusing to accept mail from you, including you change of address I would think they are going to make a mess of any defence they raise, might not even turn up in court!
1 quick question, why no Royal Mail redirection service when you moved?
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I may be missing something, but why not just go along and hand the letter to them?
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Yes, "left at the address" is usually good enough AFAIK. If the guy won't accept it then it's his choice to let it drop onto the floor.
You only have to give it to him, you can't make him read it.
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If you dont fancy the confrontation, pop round there out of hours and post it through the letter box personaly.
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JamZ
If you feel you have a genuine case, don't let them grind you down!
After 14 months, and 54 pieces of correspondence, the builders with whom I had a Small Claims Court dispute settled the evening before the case was due to be heard.The compensation just covered the cost of my very limited legal advice, and my court costs,but for the interminable hours spent on the file, that was put down to experience, and the feeling of a moral victory at the end of the day. A definite David vs Goliath scenario.I now sleep better at night because of it, and would do the same again.
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The reason I didnt set up mail re-direction was because most of my mail was still being sent to my parents house anyway from the time when I lived with them (I make occasional trips to go and get it) and I didn't really think it was worth it because I hadn't lived at that house for long anyway (about 8 months).
The garage in question have actually been very abusive in my telephone correspondance and flatly refuse to listen to anything I say (my last 'conversation' with them was something of a monologue of swearing, difficult to get a word in edgeways until I got bored and hung up when it became clear they were in no mood for negotiation). As for posting a letter in person, it is all to easy for them to say "what letter?" when it comes to court....
Oh well, I'll see how it goes. I am quietly confident of winning but if I don't then I'll just have to put it down to experience...
~James
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Just keep notes of the telephone calls and use them at the Hearing.
The advice once given by a High Court Judge on the style to use in correspondence on a matter that might be litigated is to write the letter, then imagine it being read out VERY SLOWLY to a Judge, then adjust for tone.
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JamZ
Go and talk to the people in the court. I have used the small claims system several times and always found them very helpful
--
Alyn Beattie
I'm sane, it's the rest of the world that's mad.
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Nothing in the civil procedure rules requires you to use registered post or recorded delivery. Normal first class post will do. Using the more expensive types of post merely gives them an opportunity not to accept delivery of the letter. You have already achieved one important aim in that you are now able to demonstrate to the court the nature of the company that you are dealing with. It sounds to me as if the judge is going to be looking for his biggest heaviest book to throw at them!
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