E90Post
 


Studio RSR
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > UK Off-Topic Discussions > Anyone used the small claims process successfully?



Reply
 
Thread Tools Search this Thread
      03-05-2012, 11:37 AM   #1
urfankhaliq
Captain
United Kingdom
65
Rep
824
Posts

Drives: BMW 530e G30
Join Date: Apr 2010
Location: Leeds

iTrader: (0)

Garage List
Question Anyone used the small claims process successfully?

OK so this is what happened with me...

In November, I had an issue with my DSC module. (DSC was always off and lights on in the dash) - common fault apparantly for which there is a repair kit..

Was diagnosed by a local mechanic who had diagnosis equipment, he told me the module needs replacing (Hydro Pump Repair Kit, item 2, http://realoem.com/bmw/showparts.do?...04&hg=34&fg=20 )

Anyway I bought the part from BMW at a cost of 180ish I think (cant remember exactly). Mechanic charged me £100 to fit which I thought was pretty reasonable.

After he fit the part, his diagnostics kit were now telling him that the module is faulty! He assured me that he has fit it correctly (said there is only one way it can go on etc) and that I would need to take this with BMW as the part is under warranty because its new.

I called the dealer I bought the part from and they said they need to see the car with the part to inspect whether the part had been fit properly etc but they couldn't see me till a week or so later and I had to get this sorted pronto.

I then called a different dealer (Sandals, Huddersfield) who were very helpful and were able to see me the same day! even though I didn't buy the part from them they were willing to see the car and the part and if it turns out the part IS faulty they will replace foc and if the part is NOT faulty they will charge me a diagnostic fee of around 100-120 I think.

I had no choice but to go ahead with this, went to Sandals, gave them the car, they came back to me about 45-60 mins later and said it seems the part IS faulty and they will replace foc. Booked car in for the next morning and off i went, a happy bunny!

The next morning, took car to Sandals who began to replace the part. Once they had taken the old part off they saw that the pins on the connector had been bent during fitting, they straightened out the pins and put the same part back on and lo and behold, it was now working fine!!

So I now had a bill of £138 to pay Sandals for their time (which is fair enough!)

So in total, I paid for the part originally, £100 labour to the local mechanic and £138 to Sandals to fix his mess up!

I went back to the local mechanic who admitted his fault and said he would pay me the £138 I paid Sandals, but every time I would go see him he would give me a new excuse about how he doesn't have the money!

I eventually got sick of this and purely for the principle of him trying to screw me over, I have put in a claim through the small claims court, to which he has not responded so the next step is to request for a judgement made out against him.

I just wondered if anyone had been through something similar and if so what I can expect to happen from all of this?
__________________
BMW 530e G30
Appreciate 0
      03-05-2012, 11:52 AM   #2
KadeSdad
Colonel
KadeSdad's Avatar
129
Rep
2,070
Posts

Drives: E350 CDI Sport Cabriolet
Join Date: Mar 2009
Location: UK

iTrader: (3)

I have been through the small claims court a few years ago (noted on here somewhere) I was ripped off when I purchased some alloy wheels, paid in full and never received. I went all the way down to issuing the judgement (which it did go to). The whole process took several months, and at each stage was costing me more money to proceed to the next. Then one day out of the blue I received a cheque in the post from the courts for the full amount of the cost of the wheels and my court fee's.

So yes the process does work, takes time and patience. He'll no doubt be thinking you won't carry on with the proceedings as he probably knows its going to cost you more and more the further you go, and for the sake of it only being £138.00. I say keep on going, its the principal that counts here, and if what you say is correct and you get awarded then he'll also have the court fees to pay for too.

Even if you win though there is no guarantee you'll get your money back, I was lucky in the end.

Good luck
Appreciate 0
      03-05-2012, 11:57 AM   #3
urfankhaliq
Captain
United Kingdom
65
Rep
824
Posts

Drives: BMW 530e G30
Join Date: Apr 2010
Location: Leeds

iTrader: (0)

Garage List
Quote:
Originally Posted by KadeSdad View Post
I have been through the small claims court a few years ago (noted on here somewhere) I was ripped off when I purchased some alloy wheels, paid in full and never received. I went all the way down to issuing the judgement (which it did go to). The whole process took several months, and at each stage was costing me more money to proceed to the next. Then one day out of the blue I received a cheque in the post from the courts for the full amount of the cost of the wheels and my court fee's.

So yes the process does work, takes time and patience. He'll no doubt be thinking you won't carry on with the proceedings as he probably knows its going to cost you more and more the further you go, and for the sake of it only being £138.00. I say keep on going, its the principal that counts here, and if what you say is correct and you get awarded then he'll also have the court fees to pay for too.

Even if you win though there is no guarantee you'll get your money back, I was lucky in the end.

Good luck

Thanks,

Reading up on it, apart from the original £25 I paid for the fee to submit to court, that includes the fee to request a judgement (all done online also which was easy!). There doesn't seem to be anything else it would cost?

And if he doesn't respond (which he hasn't done so far and only has another day before the 14 days are up) I can request for judgement...then what happens when I do request for a judgement? I was under the impression that he gets a CCJ?
__________________
BMW 530e G30
Appreciate 0
      03-05-2012, 12:12 PM   #4
KadeSdad
Colonel
KadeSdad's Avatar
129
Rep
2,070
Posts

Drives: E350 CDI Sport Cabriolet
Join Date: Mar 2009
Location: UK

iTrader: (3)

Your right he will be issued with a ccj if there's no response to the judgement.
I am sure there is an additional payment to issue the judgement somewhere down the line. I think I paid around £150/£190 in the end.
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 11:22 PM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST