Small Claims advice needed

[Squirt]

We recently purchased a car from a small garage and on the way home it broke down. The garage refused to deal with us so it was taken to another garage to get fixed and they produced a damning report that said the car was unsafe and not road worthy. It failed on 14 key points and they advised us not to drive it. Still unable to get the selling garage to deal with us I instructed the other garage to proceed with repairs as I needed a car for work.

We sent copies of the bill to the selling garage and asked they contribute. These were ignored so we asked for a contribution or we would file a claim. This was also ignored. We filed the small courts claim and have just received a response. The garage is claiming the car was in for work and the owner showed it to us at their premises for convenience. Conveniently the name of the person they claim who owned the car is the name of the person who I dealt with.

I have no way to prove or dis-prove this. The chap I dealt with was stood behind the counter in the garage when we spoke and came from the office with a colleague when we arrived. The car was shown to us on the garages forecourt and all the paperwork was reviewed in their office. I cannot find any documentation or receipts that cover any suggested work by this garage and considering the state the car was found to be in I am reluctant to believe any work was actually being carried out.

I am really after advice over where I stand on this. It sounds like a really good excuse from the garage and i don't know if it is now worth pursuing through the courts or not. I am half thinking of hiring a lawyer but after what this car has cost me I am worried that will be more money lost.

Any advice please?

[des8]

Re: Small Claims advice needed

Hi and welcome.
When you purchased the vehicle did you obtain a receipt?
If so whose name is on it? is it on headed paper?

To be clear: are the garage claiming this was a private sale and the seller had no connection with the garage?
Was the person they claim to be the seller the previous registered keeper of the vehicle (details are on the registration document)?

[Squirt]

Re: Small Claims advice needed

Hi,

Yes I obtained a receipt. It is not on letter headed paper. The name on it is the first initial and surname of the chap I was dealing with. That name is different to what was on the log book but I was told that is fairly normal with small garages who do not immediately register a car in their name, so didn't think too much of it at the time.

That is exactly it; the garage are claiming the person that sold the car was acting privately and had no connection to the garage. The garage owner has stated that the car was there for some work. I have looked through all of the paperwork and there are no receipts for any work being carried out. I also do not believe this to be the truth as the registered owner of the car was not the person who sold it.

Should I invest in a lawyer for this going through the courts?

[des8]

Re: Small Claims advice needed

Garages often don't register as the new keeper when they purchase a car.

Have you tried to find if the person who sold you the car has a verifiable connection with the garage?
Have you contacted the previous keeper to find out if he was the owner as well?
Had he left it with the garage for work to be done as the garage claim or had he sold it , and if so to whom? the garage or an individual?

[Squirt]

Re: Small Claims advice needed

I hadn't tried to contact the previous owner but I do have their details from the v5 and will write to them tomorrow. I will try to find out as much about them moving the car on as I possibly can.

If he had sold it to the garage then that's fairly clear cut. But I presume if he sold it to the chap privately who sold it to me, then I am back in a grey area and maybe wasting my time?

[des8]

Re: Small Claims advice needed

yes and no!!
The car as sold to you was in a dangerous condition.
This is a criminal act and if the seller was a private individual he might wish to avoid an investigation by plod by contributing to your costs.
Especially if he is connected in some way to the garage.
It all sounds a bit dodgy so he might be amenable to a little pressure.

[Squirt]

Re: Small Claims advice needed

Thank you for all of your advice, it is really appreciated.

I will write to both the previous owner and seller and see where that leads me.

What I am now a little concerned about is the courts require an answer filed by 2nd March from myself and I presume (my first time!) that this will lead to a court appearance and that will be based on evidence I've submitted up to that point.
Is there any point in continuing down the small claims court route without any additional evidence that suggests the garage is at fault?

[des8]

Re: Small Claims advice needed

Basically yes, following lodging of your reply, you'll be notified of when & where the case is to be heard.
If you obtain more information which you wish to add to your statement of claim you will require the courts permission.
As you are a LIP this shouldn't be a problem, although it may (probably will) cost!
As you still have a week before filing (if necessary you could probably delay until next Saturday and send "next day delivery") phone up the previous registered owner if poss to see what the position was.
Why do you intend contacting the seller? He would seem to be at least on good terms with the garage, and unlikely to help you. You will need to do some snooping to see what the connection is.